Quote:
Originally Posted by Hellmark
In many instances the host caves before the site owner is even aware of what's going on.
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They're actually supposed to. Once the host receives the initial DMCA, they are required to take the material down. Theoretically, the site owner has the right to dispute the DMCA and put the material back up, but that usually doesn't happen.
In order to go all the way to trial, the site owner would have to inform their host that they are disputing and put the material back online. Then the company issuing the DMCA would sue in court. IF all that happened, then a judge could (theoretically) rule that the company committed perjury if they were not the copyright holder. I've never heard of that ever actually happening though.