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Notice to the service provider
Contents are reinstated
A DMCA counterclaim or counter notice is a response submitted for a valid DMCA take down request. It is sent by the proprietor of the contents who is accused of infringement. The DMCA Counterclaim process occurs after the initial DMCA take down has been completed and the removal of claimed infringed content.
It is submitted to the service provider after the DMCA takedown notice has been received and after the purportedly infringing content has been remove.
Counter notices are typically submitted when a party feels that their content has mistakenly (or maliciously) been disabled by a DMCA takedown request. A counter claim cannot be used as defense of a Takedown. In other words you cannot use a counter claim to keep content / website up. The content or website must be taken down before the counter claim can be launched.
After a counter notice has been sent, a service provider must wait 10-14 days before they can reactivate the claimed infringing content.
If the person to whom the counter claim is sent files a suit in the time frame of 10-14 days then the contents cannot be reinstated.
The counter notice cases under the DMCA always take place within US jurisdiction. Therefore, even if you live outside the United States, you must agree to have your case handled in the US.
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