dartman - 1:17 pm on Apr 15, 2008 (gmt 0)

IMO any web host that receives a DMCA Complaint should review the complaint for merit before a takedown. Unfortunately some hosts run on automatic for safe harbor protection (dmca complaint=immediate takedown site - then - dmca counternotice=restore site).

That said consider that a host can not render a legal decision as to copyright infringement or origin of content as this must be determined by the courts. For internet situations the DMCA affords hosts with protection from liability should they be named in an actual copyright infringement suit - provided they respond to a DMCA Complaint as required by the Act.

I'm not suggesting that a host disregard prudence to at least review the legitimacy of what is claimed in a DMCA Complaint. A complainant must list the material copied and also list the location of where the copied material is located on the alleged infringers page. This is the only test that need be verified by the host and if the facts of the complaint are true then a takedown is warranted.