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this post was submitted on 22 Mar 2024
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Once the alleged infringing content is removed, the infringing party has the option to file a Counter Claim in response, stating under penalty of perjury that the DMCA Notice is false. The OSP/ISP must wait 10-14 days after receiving a valid DMCA Counter Claim before reactivating or allowing access to the claimed infringing content. The claimant who filed the DMCA Takedown Notice must then file a court order against the infringing site owner and the OSP/ISP if they wish to keep the infringing content offline.
Self-hosters are also subject to DMCA. Failure to comply runs the risk of being sued.
Not if the self-hoster is self-hosting out of DMCA jurisdiction. Also, not if the self-hoster can not be found (say, redirect your mailer to
/dev/null).