Public Mediation

Live Better Media vs. Youtube Llc

  • $200 cash reward offered for best resolution

Can YouTube be liable for not complying with DMCA counter-notifications?

Live Better Media vs. Youtube Llc
901 Cherry Ave, San Bruno, California, 94066-2914, United States
Amount Involved: Other terms
Complaint(s): Bad business practices
    • Status: In Negotiation
      This claim has posted for public comment and negotiation. It will remain posted until resolved to the claimant's satisfaction. Suggest a resolution to help these parties reach a settlement.
      (seeking public comment)
    • Claimant Seeks: 3 non-monetary items.
    • Claim #: 3545521
    • Amount Involved: N/A
    • Filed On: Feb 20, 2020
    • Posted On: Mar 02, 2020
    • Complaint(s):
      • Bad business practices
  • Review this case.
  • Propose your solution.
  • Win the reward (1,000 pts + $200)
Statement of Claim
Claimant says:
"Can YouTube be liable for not complying with DMCA counter-notifications?
On the 10th of December 2020, some of my YouTube videos were taken down by a copyright claimant. On the 20th of December 2019, I submitted counter-notifications regarding those videos.
The Digital Millennium Copyright Act (DMCA) states that, to avoid liability, a service provider needs to replace “the removed material and ceases disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless its designated agent first receives notice from the person who submitted the notification under subsection (c)(1(C) that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on the service provider’s system or network.” The relevant excerpt from the DMCA is attached to this claim. The full text of the DMCA is available at
I am not aware of any legal action against me. On the 5th of February 2020, I asked the claimant by email if they commenced a legal action but they have not informed me about the commencement of such an action yet.
I have been trying to contact YouTube by email and Twitter multiple times with the aim to receive information about the status of the counter-notifications, but so far they have not mentioned anything about the counter-notifications. They either don't answer anything or respond with something that doesn't even mention the counter-notifications. The counter-notifications were sent by email, and the email structure is exactly as YouTube asks it to be (see Exhibits): .
I asked my lawyers to investigate the liability which YouTube can have if YouTube does not restore the removed content based on my counter-notifications. Nevertheless, I would like to hear the opinion of the PeopleClaim community about this important matter.
Can YouTube be liable if YouTube does not comply with DMCA counter-notifications?
This article from 2013 states “However, YouTube has been careful to immunize itself against liability for this through its Terms of Service, which state:”
Was this true at the time? It is true now?
Youtube Terms of Service:
Another aspect to take into account are YouTube’s “Contractual Obligations” with companies:
Such obligations apply in cases when a company that makes DMCA takedown requests has some type of agreement with YouTube.
The takedown requests were made in a channel of mine that was immediately terminated by YouTube due to their 3 strikes policy, and during the next 2 days, YouTube also terminated other of my channels due to the same policy. It reads as follows:
“If you get 3 copyright strikes:
• Your account, along with any associated channels, is subject to termination.
• All the videos uploaded to your account will be removed.
• You can’t create new channels.”
Below, you can find the list of the videos which were subject to my DMCA counter-notifications."
Reply Have a similar problem?
Exhibits View
What Claimant Wants Hide
What By When How Much
1. I would like my videos and all the channels terminated by YouTube to be restored by them Feb 28, 2020 N/A
2. Compensation for losses that will be calculated after the channels are restored Mar 07, 2020 N/A
3. Apology for not complying with the counter-notifications and ignoring my multiple emails, questions, and requests related to this case Feb 28, 2020 N/A
1. Other – Copy claim to regulators Feb 28, 2020 $14.99
2. Other – Pay for claim posting cost Feb 28, 2020 $14.99
3. Other – Physical delivery charges Feb 28, 2020 $4.99
Cash total : $34.97
Non-cash: 3 items
  • 0
Do you agree with the claimant’s demands?  (If you are a party to this claim, click here.)

Respondent's Counteroffer

There has been no response to this claim from YouTube LLC. This claim will remain posted until resolved
Get fast access to our Resolver community, for...
  • help with a PeopleClaim or any other complaint
  • assistance with a purchase or contract
  • expert advice
Other PeopleClaim resolvers
Get Free alerts when claims post in your area.
Get Alert

Need help resolving a dispute? Learn more.

Public Mediation

The shortest path from your problem to its resolution.
Peer to Peer

Engage the other party and use powerful tools to negotiate the best resolution.

If Unresolved
Community Resolution

Post your case online and get help from legal professionals, industry experts, consumers & advocates competing to find the best resolution to your claim.

$14.99 + optional reward for best resolution
Full refund if not resolved to your satisfaction
If Unresolved
Private Mediation

Lets you mediate your case privately with the help of our professional mediators and industry experts.

Free to claimant. Mediator fees negotiable.
If Unresolved
Engage a Professional

Find the best community-reviewed professionals near you to resolve your issue in private online mediation or traditional court/mediation.


A wonderful serenity has taken possession of my entire soul, like these sweet mornings of spring which I enjoy with my whole heart.

I am (not) alone, and I feel the charm of existence in this spot, which was created for the bliss of souls like mine...~ Goethe

Get a public verdict — create an online trial $50 public trial / $50 reward for successful resolution
Important: All information contained herein is the opinion of the posting parties, who are solely responsible for its content. PeopleClaim offers both free and paid services to help consumers, patients, employee, tenants, and others resolve disputes without lawyers or courts, through negotiated online settlement and public disclosure of wrongdoing or unfair treatment.
Claims against parties operating under bankruptcy protection, by law must be processed solely through the appropriate US bankruptcy court. Any claims against this party currently posted on PeopleClaim are available for purposes of public business review only and are not an attempt to collect money or recover assets subject to protections under the United States Bankruptcy Code.
*IMPORTANT: PeopleClaim is a public dispute resolution system, independent of the BBB, small claims court, or other dispute resolution services. PeopleClaim is not a law firm and does not provide legal services, opinions, or advice. PeopleClaim facilitates peer-to-peer negotiation and resolution and crowdsourced input on issues of fairness to help resolve complaints. Users should contact professional legal counsel on any matters of law or regulation regarding their claims. PeopleClaim does not review or evaluate the merits of claims submitted through its site, and users are solely responsible for all content filed in their claims.
© reserved by PeopleClaim