 Re: False DMCA notice and Counter Notice to remove strike
Be careful with DMCA counter notices.
Before you send a counter-notice, you should consider carefully whether you are in fact infringing the complaining party's copyright. There are two reasons for you to consider this carefully. First, the counter-notice requires you to state, under penalty of perjury, that you have a good faith belief that your material was wrongly removed. You do not want to make this claim lightly because it might come back to haunt you.
Second, if the complaining party has a good infringement claim, sending a counter-notice may trigger a lawsuit. If you are not prepared to stand up for your use of the copyright owner's work in a lawsuit, you should think twice about firing back a counter-notice. That said, copyright owners sometimes send bogus takedown notices that have no basis in law or fact, which are meant solely to intimidate the target. A prompt counter-notice can make these empty threats go away for good.
Of course, if your are outside the USA, there is entirely a different set of issues about serving you in your home country. Neverthless, the provider (Etsy in this case) will likely suspend your account if the complaining party continues to pursue the matter.
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