[liberationtech] Designing Fairness for DMCA

[Gregory Maxwell]

On Tue, Jul 16, 2013 at 1:00 PM, John Adams <jna at retina.net> wrote:
> http://www.mediabistro.com/appnewser/files/2012/02/infographic-dmca-process1.png

The process here is not correct— or at least it has some unstated
assumptions and a confusing presentation.

For example, if— as a safe harbor enjoying service provider— the
complaint is obviously bogus and as a result you don't care to lose
the safe harbor in this particular instance, you can skip the entire
process and deposit the DMCA notice into the trash.  (This is, for
example,  why the public can't simply manage to keep the whitehouse
website ~permanently disconnected from the internet with a stream of
endless bogus complaints anti-dmca activists engaging in civil
disobedience)

It seems to be intermixing the roles of the safe harbor enjoying
service provider and the non-protected posting party.  The initial
steps are all service provider roles, the but counter-notice is
provided end user.  The question posted there carries the wrong
implication too: a user who has violated copyright is not protected
from ending up in court just because they don't counter notice.