And if the safe harbor didn’t exist in the first place, the legal step would be the first step… and I’m pretty sure this would have a much more chilling effect on speech than the safe harbor system.[quote=“fuzzyfungus, post:9, topic:26892”]
Similarly, the counter-notice may not be a specifically legal document but (in addition to the fact that counter-notices tend to get process a lot more slowly than notices, making notices a decent DoS attack, filing a counter-notice indicates a willingness to uphold the validity of your original post in court. If you can’t do that, you have trouble.) The process is intimately tied to legal processes, even if it usually doesn’t go that far, ending in capitulation instead.
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And in practice repeat infringers simply upload again at another place instead of following the counter-notice process and enduring the delay. I’m not sure what the problem with making people uphold the validity of their original post is, especially if they have the opportunity to simply let the post stay down but have instead decided to file a counter-notice. If they want to contend their material doesn’t infringe, then why not make them prove it?
I have no idea what a PD title is, but I do know that in the absence of the DMCA safe harbor you would be exposed to legal liability from step 0.
