Reply from EFF

Gareth,

Thank you contacting the Electronic Frontier Foundation. I am not an attorney and I cannot provide you with legal advice. I see that you have had an opportunity to review at least some of the information of the Chilling Effects website about fair use. You may also wish to consult our Legal Guide for Bloggers, which includes a brief discussion of implied license , which applies to YouTube videos as well as blog posts.

Location outside of the United States will not protect you from legal action. You are required to consent to the jurisdiction of the 9th Federal Circuit as part of YouTube DMCA counter-notice. Without this consent, YouTube will not honor your notice.

I hope that clears things up for you.

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