But YouTube, like many Internet companies, doesnít want to get dragged into a potentially expensive and time-consuming lawsuit over somebody elseís copyrights. So it simply took down Chevronís videos without investigating Filminís claim.
The above paragraph is cherry picked from the article which is admittedly more political than copyright... yet highlights the recent misuse and abuse of the DMCA on websites world wide. THIS IS HAPPENING.
And we as webmasters are using it as well. We do it to protect our own work and property... .but if others can come in and "claim copyright" and shut us down? Then what?
This is a discussion topic of moving forward and how to react, not politics.
Question: What happens at the other end when you file a copyright claim such as a DMCA? Is the (alleged) offender contacted and given a chance to reply, or is the site unceremoniously taken down? Or is the takedown followed by the option of an appeal?
I've only filed one DMCA in my life. All I know-- from my end-- is that someone from the domain owner's IP stopped by and looked at the relevant pages of my site. No idea what, if anything, they said to the other party before taking down the content.
Important content should be on paid hosting. If you are a paying customer, the host will give you a chance to send a counter-notification.
You could also try hosting content outside the US. What countries laws put the person putting the content up in the strongest position? I think the EU is now giving hosts a fair degree of protection (but then UK libel laws are a problem) - anywhere better?