YouTube take downs are usually done without DMCA, right?
Are you saying that the DMCA is explicitly being invoked by Nintendo and others, or are you talking more generally and including, for example, YouTube's Content ID system?
Are you saying that the DMCA is explicitly being invoked by Nintendo and others, or are you talking more generally and including, for example, YouTube's Content ID system?
Whichever variation that is used is up to the copyright holder (legitimate or otherwise), and both are definitely used by legitimate actors for sometimes the most ridiculous of copyright claims (someone humming a song for instance).
These things are all very much extralegal, and used instead of the DMCA in many situations.