Lack of punishment for bad requests make me wonder if a valid business strategy is DMCAing competition at every turn.
Also makes me wonder if people could DDOS an entire company with DMCA takedown requests.
Also makes me wonder if people could DDOS an entire company with DMCA takedown requests.
Someone should DDOS the web pages of all the American congresscritters and their campaigns and campaign contractors with DMCA notices. That's probably the only way this will get fixed.
However, there is a pending test case attempting to give it some teeth. I expect it will be entertaining, no matter how it substantively turns out:
https://www.popehat.com/2019/12/13/randazza-confederates-dou...
This was the first successful 512(f) verdict back in 2004, though it may still stand nearly alone, and did not yield enough in damages to affect megacorp behavior in the absence of a huge flurry of such lawsuits: https://en.m.wikipedia.org/wiki/Online_Policy_Group_v._Diebo....
While it’s not an easy case to win, it has teeth - unfortunately they are limited to ACTUAL damages, which does give companies incentive to file misrepresented claims as one cannot easily hire a contingent attorney without the possibility of a statutory windfall.
There's a significant power imbalance here.
Fastest way to make change will probably be using their own game against them and have them lobby on your behalf