Progress Illinois announced today that on Jan. 13 it received confirmation that YouTube had received its counternotice (as I previously noted, there was some dispute about whether the counternotice complied with the DMCA's technical requirements). So now, under DMCA Section 512(g)(2)(C), YouTube can maintain its safe harbor from an infringement claim if it reposts the videos after 10-14 business days, absent a lawsuit by the copyright owner (assuming that YouTube otherwise qualifies for the safe harbor, a very hotly contested topic). As YouTube further explains the counternotice process:
After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way. We will not forward the counter-notification to any party other than the original claimant.
After we send out the counter-notification, the claimant must then notify us within 10 days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on YouTube. If we receive such notification we will be unable to restore the material. If we do not receive such notification, we may reinstate the material.
Progress Illinois Editor Josh Kalven says that his counsel "sent a separate letter to our contacts at WFLD last Friday saying that we would be happy to sit down and discuss reasonable guidelines for our future use of Fox Chicago video content. But we're yet to hear back." If it happens, that should be a very interesting meeting.