On 5/5/07, Ray Saintonge saintonge@telus.net wrote:
Gregory Maxwell wrote:
On 5/3/07, Anthony wrote:
Which brings up an interesting question. Can a DMCA counter-notification be given *before* the DMCA take-down notification?
It doesn't appear that any requirement for the content of the counter notice depends on the content of the notice. I don't see why someone couldn't write a well formed counter notice in advance and leave it on file with the service provider. However, it must identify the material .. so they'd probably have to write a statement per each piece of content.
IIRC doesn't the person who sent the take down notice also need to be notified of the counter-notice? That would be tough to do before a notice has been received.
As someone has recently pointed out to me, OCILLA offers protection only for "infringement of copyright", so I suppose it could be argued that this protection doesn't apply to circumvention tools anyway.
Anthony