guess i need to go actually file something. anybody want to match this person to a user name or perhaps andrew himself is a mensch and will reveal himself?
This pleases me greatly. Tom is really going to rage out when he gets a fat dose of reality. Andrew is a saint for being the first person to counterclaim one of Tom's bullshit takedowns.
Tom, I'll spell it out for you so that you can prepare yourself for what is to come.
1. You won't file a lawsuit in 10 days.
2. Youtube will restore the video you requested to be taken down.
3. You'll have no recourse and will cry about how your rights have been violated in 1983 or some other bullshit.
4. You'll be laughed at mercilessly for being a feckless cuck.
5. You'll try to find a lawyer to take it pro-bono, and you'll fail.
Now, I'll explain why this is going to happen. You probably won't read it because you're mentally ill and reality threatens the constructs your mind puts in place for coping with your illness, but I'll try anyway. I'm not giving legal advice, though my avatar is a supreme court jurist.
1. You're poor & can't afford a lawyer.
2. The DMCA is a framework that protects hosts and service providers by giving them safe harbor for following simple rules.
2a. Someone makes a copyright claim.
2b. The provider takes down the content, assuming the claim is properly formatted.
2c. The provider sends a notice to the person who uploaded the allegedly infringing content.
2d. The uploader has the opportunity to counterclaim
2e. Upon counterclaim, the provider notifies the complainant and the complainant has 10 days to initiate legal action
2f. If the complainant provides proof of this action in the time allotted, the provider leaves the takedown in place, otherwise the takedown is lifted
2g. The provider has followed the law and has safe harbor from any secondary liability for the alleged infringement. The alleged infringer may have liability, and the complainant could have liability if the claim isn't valid.
2h. I know you like to seek validation in successful takedown notices, but in reality, the provider doesn't evaluate your claim for validity, they just follow the rules and verify that you structure the claim properly.
3. The DMCA framework seemed easy for you in the past because nobody bothered to counterclaim and provide you with their contact info (2e above). In reality, your legal burden is far too high for you personally to achieve. In either case, your only option is to bring a lawsuit against Andrew in federal court within 10 days.
4. For the reasons above, you're a laughing stock
5. No lawyer will take it because literally everything except exact duplication of your videos constitutes fair use. Libel & defamation may apply, but not under the DMCA framework. Further, there is precious little chance that you'd get attorneys fees if you were victorious, thusly you'd have to pay up front. $10k retainer minimum, I'd expect. Oh, and good luck on the Northern District of California jurisdiction if you're going pro-se. And lastly nobody does pro-bono work for internet butthurt, especially for someone like you with your history.
In sum, Tom is poor, mentally ill, and a legal failure. Bravo Andrew!