[friendzis]

The DMCA takedown process is broken as it misaligns incentives. It should be a challenge-response based, with statistics counted:

Rights holder claims IP violation -> content uploader challenges the claim -> IP owner challenges the counter-challenge -> governmental agency steps in -> elevated number of unfavorable judgements result in legal action.

The current process places very little disincentive to place bogus claims, because very few content uploaders gain enough from content distribution to challenge the claim in a court of law and put possible perjury to the test, especially in non-obvious situations.

The modified process still places incentives to file claims out of judicial system, however it places disincentive on submitting bogus claims. Claims can still be submitted by automated systems, but presence of counter-claim incentivizes detection quality as drop in automated detection quality is automatically balanced by increased manual review cost, which is in turn balanced by risk of losing access to the quick process itself. Such system still incentivizes finding mutual agreement out of judicial system while protecting those willing to challenge on both ends.