[AnthonyMouse]

> There have been civil lawsuits, for example Lenz v. Universal Music is famous for establishing that failure to consider fair use when filing a DMCA complaint constitutes misrepresentation under the DMCA.

That's misrepresentation rather than perjury. It's a different section. That changes it from criminal penalties to actual damages, but then what are the actual damages to Joe's Blog from having a link delisted from Google for a few days? A hundred bucks to make a federal case out of it? That'll be more trouble than it's worth to most everyone and then nobody does it and there are still no consequences. Meanwhile if you did have major actual damages, then what? You have a valid claim against a judgment-proof DMCA spammer who just files for bankruptcy?

Whereas perjury charges that had the spammer spending a few nights in jail and were regularly enforced by well-resourced government prosecutors might actually make a dent in the prevalence of this sort of thing. But that hasn't been the case in practice, one way or another.