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Originally Posted by Hellmark
Unfortunately, as the one getting the notice, I could do very little about it. Most hosts will yank the account, or at least the offending portion, and ask questions later (if at all).
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In theory, what's supposed to happen is that Guy #2 issues a DMCA. The host yanks the material. You send notice to the host that you are disputing the DMCA and copyright ownership, and put the material back up. At that point, Guy #2 has to pursue it in court. We both know that's not how it will happen in reality though.
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Really, the DMCA is horribly flawed, and favors the person who makes the claim.
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No argument there. Especially if the "person" making the claim is a large company.