Earlier quoted context omitted.
Under DCMA, on receiving a valid counter notification they are free to put the content back on the site, remove the strike from the content uploader and let the courts handle the matter between the two parties. https://twitter.com/leonardjfrench/status/130794817037951385... It’s only if Google “ignore” valid dmca takedown notifications they are at risk of losing their safe harbour exceptions. How they handle the coun…
I don't know, but I've read that the counter here is that YouTube's system isn't actually DCMA - they are pursuing copyright over and above that system, and therefore the "protections" in DCMA don't apply - you broke a Google policy, not a law, and therefore you have no recourse.
When you get a claim on the latter system (Content ID) you don't get a strike on your account but if you appeal the claim its (normally) upto the claimant to decide if your appeal is valid or not (sometimes YT does step in an say "yeah its fair use, have your ad rev back" but that is not the norm).
These takedowns are actual DMCA takedown requests. (even TeamYouTube are telling him to issue (valid) counter notifications to these claims - https://twitter.com/TeamYouTube/status/1306733040211824645)