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by jasonlingx 5078 days ago
Aren't DMCA takedowns notices made under penalty of perjury? Why are they being sent out in what seems to be an automated fashion without any proper review?
2 comments

Because only the actual copyright holder of the content can counter-sue and most either don't have the resources to counter-sue or also work in the entertainment industry and are ultimately beholden to the same people sending the takedowns in the first place.

I can't wait for someone to finally start taking fraudulent DMCA takedowns to court.

Also, (please correct me if I'm wrong), another hurdle is that you must prove the notice was sent in bad faith - not an easy task.
Only the part where you claim to represent some copyright holder is made under that penalty. So you can't claim to represent Sony when taking something down without getting into trouble. There is a "good faith" clause in the DMCA, but it just doesn't get litigated very often.