After a counter-notification is filed the entity that filed the original notice has 14 days to file suit, after which the notice is no longer effective.
One of my friends had his server taken down by his hosting company due to a DMCA. By the time he had filed a counter-claim a few hours later, they'd already binned his server, binned the backups, and filled the slot with a new customer. The kicker was that it was completely false; an infringement notice based on him having a text file containing the names of TV series he had watched over the year.
Just because you can file a counter notice doesn't mean that the DMCA isn't devastatingly to the owner of the website.
Wow, that sounds pretty terrible. Hopefully stackoverflow isn't hit that hard with a takedown like this. Did your friend blog/write about it at all at the time?
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I don't have enough points to post an answer there, so I'll do it here:
Anyone who posted in the original thread can file a DCMA counter-notification. There is a form to generate one at chillingeffects.org: http://www.chillingeffects.org/dmca/counter512.pdf
After a counter-notification is filed the entity that filed the original notice has 14 days to file suit, after which the notice is no longer effective.
The content is still gone for 14 days though.
One of my friends had his server taken down by his hosting company due to a DMCA. By the time he had filed a counter-claim a few hours later, they'd already binned his server, binned the backups, and filled the slot with a new customer. The kicker was that it was completely false; an infringement notice based on him having a text file containing the names of TV series he had watched over the year.
Just because you can file a counter notice doesn't mean that the DMCA isn't devastatingly to the owner of the website.
Which hosting company?
Wow, that sounds pretty terrible. Hopefully stackoverflow isn't hit that hard with a takedown like this. Did your friend blog/write about it at all at the time?