[account42]

I think the point is that you can't count on that and need to assume that you are going to attract actual lawsuits. DMCA provides easier take down options for copyright owners but AFAIK does not compel them to make use of those options before going to court.

[GTP]

I think companies will try with a strongly worded letter first, as this would save them money over straight going to court. But I get that the risk may not be worth it for many people, I myself would be very scared if I received a letter threatening a lawsuit for a ridiculous amount of money, even knowing that they are exaggerating the scale of damages just to scare me.