Comment Re:WhoreDaddy. (Score 1) 117
they can take down your site just like that from a dmca complaint without any possibility of objection from your side, and even before you are notified of the dmca.
That's how the DMCA works. Any entity that wishes to claim safe harbor must immediately remove the material in question. The DMCA notice goes to the party that is directly distributing the content, not the original infringing party, so there is no option to allow the infringing party to contest it before take-down.
It is only after the infringing party notifies the distributing party that they have a right to distribute the material that the distributor can once again put the material back up for distribution.
That is the procedure that was laid down by law, and yes it is disgusting.
I have no idea whether or not GoDaddy is ethical, but in this case it is not their fault at all. It is the DMCA that is unethical, and numerous court cases have established that in order for someone like GoDaddy to maintain a Safe Harbor status under the law, they must remove the alleged infringing content immediately, with no consideration as to weather or not the party issuing the takedown notice has a legal right to issue such a notice.
Personally, I would be fine with this part of the DMCA if it contained ramifications for filing fraudulent or frivolous DMCA take-down notices. As it is though, it is horribly one-sided.
P.S. Would it kill you to capitalize? Not doing so makes you look twelve, despite the fact that you otherwise write reasonably coherently and punctuate reasonably well.