On 5/3/07, Anthony wikilegal@inbox.org wrote:
Unless there is a valid DMCA counter-notification in place.
Would you please stop using "wikilegal" as your email address, you must realize by now that it's misleading people. Mods, please put Anthony on moderation until he picks a less misleading email address. Twice now I've seen people assume his posts are some sort of official Wikipedia legal opinion.
The whole notice/counter notice procedure is almost certainly moot. No one is bothering to make a copyright claim over the key. They are claiming that it is a component of an anti-circumvention device, the trafficking of which is illegal under the DMCA anti-circumvention provisions. Safe harbor is provided against infringement claims and the requirements of the notice procedure are clearly built around infringement claims. The AACS key complaint is related to the anti-circumvention rules in an entirely different part of the DMCA bundle, so there is no notice/counter notice procedure.
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.