I know, it sucks... should have never been taken down. They may claim TOS... but still, if people don't file counterntofications, when will service providers finally get the point that they can't just automatically take down a site that is allegedly infringing. If the work of removal of content and restoration of content is involved maybe service providers will carefully look over the DMCA notifications to see if the notification is really substantial. Many just check to see that the DMCA notice is valid or not.
So, until people start filing counternotifications, Service providers will simply disable access and/or remove content.
If you file a counter notification, they will have to restore the material and restore access which... trust me is a lot more challenging than you may think.
In fact, I know one lady who argued a DMCA notification and her content was not restored on Blogger. They told her that they simply could not restore it. That is cause for liability and she could sue, especially since the notification was false and showed that she allegedly filed a DMCA notification against herself!
Counternotify. If nothing else, make more work for the ISP!
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