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by inopinatus 689 days ago
In this case Cloudflare, in a spasm of comprehension failure, soiled themselves further by proving unable to distinguish between a trademark complaint and a copyright complaint, and erroneously labelled the former as the latter. Irrespective of the fair use merits on display, the DMCA simply does not apply to trademark disputes.
2 comments

Since this is "their core business" it's hard to believe that this material misrepresentation wasn't knowing or willful. I believe they've partially opened themselves to a counter suit on this point.
Except... in the 26 years the DMCA has been around and all the millions (billions?) of claims that have been made via it, want to guess how many people or organizations have been faced perjury repercussions?

Starts with "Z". Ends in "ero".

Yeah, my guess is that CloudFlare uses CrowdStrike as their EDR and thus have a cozy business relationship with them...
From my experience receiving a few of these I came to the conclusion that Cloudflare only forwards these DMCA requests, they don't review them at all.