When you file a DMCA takedown, the content uploader has the right to file a counter-notice claiming they own the content or that their use qualifies as fair use (parody, commentary, education, etc.). A valid counter-notice stops the removal process and initiates a 10-14 day waiting period. Only after this period expires, or if the copyright holder files litigation, will the content actually be removed.
Counter-notices are commonly filed by leak site operators and malicious uploaders using false ownership claims. They rarely succeed because proving ownership or fair use is extremely difficult—parody and commentary uses cannot include the full original work, especially in adult content contexts where no legitimate fair use claim typically exists.
For creators, counter-notices are minor obstacles in comprehensive enforcement. Privly tracks counter-notices and automatically handles the waiting periods. For high-value content, Privly can escalate to cease-and-desist letters or pursue civil litigation to force removal despite counter-notices. The existence of counter-notices actually strengthens legal cases, as they create documented evidence of intentional infringement.