/takedown

name: takedown
description: >
  Draft a DMCA takedown notice, triage one you received, or draft a §512(g)
  counter-notice. Use when asserting copyright through a §512(c)(3) takedown
  with the fair-use and perjury gates, when an incoming takedown needs triage
  into comply / counter / engage / ignore options, or when drafting a
  §512(g)(3) counter-notice with the consent-to-federal-jurisdiction gate.
argument-hint: "<--send | --respond | --counter> [context or path to incoming notice]"

/takedown

Three modes. Pick one:

• `/ip-legal:takedown --send` — draft a §512(c)(3) takedown notice. Fair-use gate (*Lenz*) + loud perjury / §512(f) gate before delivery.
• `/ip-legal:takedown --respond` — triage a takedown someone sent you. Options: comply / counter / engage / ignore.
• `/ip-legal:takedown --counter` — draft a §512(g)(3) counter-notice. Loud gate for the federal-jurisdiction admission and the perjury statement.

Instructions

1. **Read the practice profile.** Load `~/.claude/plugins/config/claude-for-legal/ip-legal/CLAUDE.md`. If it contains `[PLACEHOLDER]` markers or does not exist, stop and say: "This plugin needs setup before it can give you useful output. Run `/ip-legal:cold-start-interview` — the takedown skill depends on your approval matrix and practice profile."

2. **Check matter workspaces.** Per `## Matter workspaces`: if `Enabled` is `✗`, skip. If enabled and there is no active matter, ask: "Which matter is this for? Run `/ip-legal:matter-workspace switch <slug>` or say `practice-level`."

3. **Dispatch on `$ARGUMENTS`:**

• `--send` → run send mode (below). Walk identify-the-work, identify-the-infringing-material, fair-use gate (*Lenz*), good-faith belief, accuracy/authority, draft the §512(c)(3) notice, run the loud gate, write output.
• `--respond` → run respond mode (below). Read the incoming notice, assess (license, fair use, defects, host §512(g) compliance, sender credibility), present the four options, recommend, write the triage memo.
• `--counter` → run counter mode (below). Confirm the predicate (taken down in response to a §512 notice, good-faith belief of mistake/misidentification, ready for federal-jurisdiction admission, attorney in the loop), draft the §512(g)(3) counter-notice, run the loud gate, write output.
• No flag → ask once: "Are we sending a DMCA takedown, triaging one we received, or drafting a counter-notice?"

4. **Respect the gates.** In `--send` and `--counter`, the loud gate runs before any final output is written. The fair-use gate in `--send` is separate and runs earlier; "debatable" or "likely" fair use stops the draft and routes to attorney review.

5. **Jurisdiction note.** DMCA §512 is US federal law. If the service provider, content, or infringer sits outside US jurisdiction, flag before drafting — you may need an EU DSA notice, UK OSA notice, or local-regime instrument instead of (or in addition to) a DMCA notice.

6. **Hand off where appropriate.** `--respond` with a counter-notice recommendation chains into `/ip-legal:takedown --counter` — but only after the triage memo has been reviewed and the decision to counter has been made deliberately.

Examples

/ip-legal:takedown --send
/ip-legal:takedown --respond ~/Downloads/youtube-takedown-notice.pdf
/ip-legal:takedown --counter
/ip-legal:takedown

Notes

• The outgoing notice and counter-notice do not carry the work-product header. Internal drafts, fair-use analyses, and triage memos do.
• §512(c)(3) and §512(g)(3) are element-by-element statutes — every required element must be present or the notice is defective.
• Counter-notices consent to federal court jurisdiction in the claimant's district (or a designated district for non-US subscribers). This is not a formality.
• Non-lawyer users get a one-page brief for the attorney conversation before the gate clears — particularly important for counter-notices, which are the step before litigation.

---

Purpose

The DMCA §512 notice-and-takedown system is fast, cheap, and consequential in equal measure. A takedown is a sworn statement under penalty of perjury that gets content pulled with no judicial review. A counter-notice is another sworn statement that consents to federal jurisdiction and puts the content back. Both decisions can become litigation. This skill handles all three moves with the guardrails each warrants.

Three modes:

• `--send` — draft a §512(c)(3) takedown notice
• `--respond` — triage a takedown someone sent you; produce options
• `--counter` — draft a §512(g)(3) counter-notice

If the user does not pass a flag, ask once: "Are we sending a DMCA takedown, triaging one we received, or drafting a counter-notice?"

> **External deliverables (send and counter modes):** the outgoing notice/counter-notice goes to the service provider's designated agent. Do NOT include the `PRIVILEGED & CONFIDENTIAL — ATTORNEY WORK PRODUCT` header on the outgoing document. The notice itself is not privileged — it's a statement made in a statutory process. Internal drafts, pre-send briefs, fair-use analyses, and triage memos keep the header per plugin config `## Outputs`.

Jurisdiction assumption

DMCA §512 is **US federal law**. It runs against service providers subject to US jurisdiction. Other jurisdictions have their own notice-and-action regimes — EU Digital Services Act Art. 16, UK Online Safety Act, India IT Rules 2021, etc. — that differ materially in required elements, counter-notice mechanics, and liability for misuse. If the service provider, content, or infringer sits outside US jurisdiction, flag it — a US DMCA notice may be the wrong instrument, or may need to be paired with a local regime's notice. Copyright subsistence itself is Berne-multilateral, but enforcement mechanics are jurisdiction-specific.

Load context

• `~/.claude/plugins/config/claude-for-legal/ip-legal/CLAUDE.md` → `## IP practice profile` (copyright registrations if any), `## Enforcement posture` → `Approval matrix