That looks like Korean, to me (Unicorn Media).
DMCA seems to have been one of those things that we say "It seemed like such a good idea, at the time" after the fact. I'm certainly waiting to hear positive stories about it.
The problem is no effective oversight. Laws without oversight are going to be obviously abused. The DMCA is like if police were responsible to ensure their own warrents are valid.
Lots of laws are privately enforced. DMCA doesn't have to be different.
If you file a false DMCA claim, even if unknowingly, you should be liable for damages. To the platform, for their cost in dealing with your B.S. An to the content owner, for their costs (including time and attorneys fees) and any lost or interrupted revenue.
I'd also make such judgements eligible for summary judgment, provided the damages are less than e.g. $25,000.
There are some logistical issues with enforcing that. I admit that upfront as I don't think those are a fruitful topic if you wish to discuss my initial "belief."
They do. They're the penalties for copyright infringement. DMCA provides a quick takedown mechanism; other copyright law lifts the rest.
You can submit a counter-notice, and if for some reason they didn't give you the required information I'd expect you could contact support and ask for it.
You'll note how in that example, they provide lots of information on the party that filed the DMCA claim. That info is only provided to you if the DMCA notice actually included the info - Google will for some reason process malformed notices that don't contain the required information, which leaves you with no options.
In this case the person filing the claim provided no information except their name (4 japanese kanji) with no further contact information or other details. I was unable to find them on Google, if that was even their name.
It shouldn't prevent you from filing a counternotice with whatever information was provided - did it?
I'm actually waiting to hear more stories about abuse. When I look around, I see plenty of pirate sites and I'm all but certain they're not paying royalties to the artists. These sites aren't escaping because they're obeying the law, they're escaping because prosecution is so difficult. It's hard to file the right DMCA notices because the sites are such fly-by-night operations.
My guess is that the DMCA doesn't go far enough. I'm all for giving people more rights to fight back against phony DMCA notices. If Torrent Freak wants some treble damages for filing a fake one, I'm all for it. But in return I would like the ability to file quick and deadly DMCA notices on the real pirates.