[Mindwipe]

Content ID is not a DMCA system. The DMCA system is manual.

Content ID is a private system, operated by YouTube, to improve Google's liability risks and relationships with major rights holders. It is not regulated by the DMCA. It is not supposed to be regulated by the DMCA. Google decided to give some companies the right to do the things Content ID does. And Google does that because it saves them money on running a free hosting service and people get what they pay for in that regard.

There is no logic that a judge would touch this scenario. The only argument is that YouTube has near monopoly status, but that isn't an argument for regulating content ID, it's an argument for breaking up YouTube.