An e-commerce site I've been working on has received a DMCA notice in webmaster tools and the index page of the site has been removed from the SERPS.
The homepage did in fact use 2x images to which it had no right (99% of all the images on the site are professionally produced original content ...)
Webmaster tools allows you to file a counter notice but it says "If the content on the page was infringing at the time the original removal request arrived, your counter notice is not legally valid. Do not submit a counter notice if there was illegal content, even if it's now been removed." - does this mean I shouldn't even bother?
It's also possible to claim you were using the material under "fair use" - if the images weren't used to promote the products directly but rather as "decoration" on the homepage would fair use be a valid claim?