On 5/3/07, Anthony <wikilegal(a)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.