The TOS states that users are responsible for filing DMCA takedown counterclaims, and gives guidance:
A subscriber who believes they are the wrongful subject of a copyright takedown notice may file a counter notification with Stack Exchange by providing the following items in writing to the Designated Agent at the address below ...
Section 3 further drives this point home:
Subscriber represents, warrants and agrees that it will not contribute any Subscriber Content that (a) infringes, violates or otherwise interferes with any copyright or trademark of another party, ...
Under the assumption that the infringement claim is invalid and thus Section 3 was not violated, and also under the assumption that filing a counterclaim is a desired action, but in the cases where:
- The original author no longer has an account, or
- The post was disassociated from the original author's account, or
- The post is community wiki (including tag wikis, not just Q&A) / documentation.
Who is responsible for filing the counterclaim in those three scenarios? The TOS does not seem to provide clear guidance for these situations.
Also, just in case this is a different question: Regardless of the validity of the claim itself, who can (and can't) file a counterclaim in those scenarios (for example, if a community expresses a strong desire to defend content that does not have clear authorship, who is and is not allowed to counter)?
This question was prompted by this recent event.