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by midjji 1901 days ago
They would crush any small company in the prelude, even if they didn't intend to. I dont really think that copyright can be fixed, but at the very least we would need new laws to the effect of if you get sued for wrongful dmca, you pay the oppositions legal fees in addition to lost income and you risk losing the ability to make takedowns if the claim was in bad faith or negligent.
1 comments

Small claims court is also an option. This is a hobby site, after all. It’s also a clear cut case. How many takedown notices have they sent? What percentage got kicked back historically? Non-zero? Then they knew they were sending fraudulant claims. If not, they still knew this claim was fraudulent after the site responded and they kept filing takedowns anyway.

Did they address these issues by carefully vetting things they signed under penalty of purgery? Clearly not. The facts speak for themselves. Case closed, I think. I’m not sure you really even need a lawyer (though one would help).

If it were as easy and clear-cut as you make it out to be, we wouldn't be seeing these cases pop up all the time, I don't think.

There is obviously additional factors at play. Money, for one, but plenty of others as well.