Comment Re:And you think the DMCA and SOPA are bad. (Score 2) 392
To retain their safe harbour status, which makes them immune to copyright infringement lawsuits on their hosted content, all that they need to do is take down any content on receipt of a DMCA take-down notice and restore it on receipt of a counter notice.
Except if the contention is that it wasn't taken down under the DMCA rules, then there is no obligation to restore it upon receipt of a valid counter-notice.
And this would make UMG immune under the penalty provisions of the DMCA for taking down fair use and non-owned content.
The really funny thing here -- lawyers, are you listening -- is that while UMG says that this wasn't done pursuant to the DMCA, they still attached a name to the takedown order. Why would they do that if it wasn't DMCA?