Comment Re:On this 4th of July... (Score 1) 349
My point wasn't that it was likely that anybody filing a counter-claim would be sued. I merely am saying that it is possible, which means they're taking a risk, and they probably stand to gain nothing personally by taking it. That is likely to have a chilling effect.
No question it has a chilling effect. Right now we have a very wide open casual publishing culture and a legal framework designed for a formal publishing culture. At their point of contact things are messy. My point is that the DMCA isn't the problem. The problem is that if people are worried about getting sued for content they need to respond to cease and desist.
If we did what most of the other people recommend Qualcomm would be suing that out of the blue with no warning.