[zapdrive]

An example needs to be set. They should be sued for issuing a DMCA notice in bad faith.

[rdl]

I'm curious who has standing. One of the people who posted/commented in the original thread? A user who wanted to learn about CipherCloud? StackExchange itself?

[zapdrive]

I think it should be StackExchange. I wouldn't mind pooling in for legal fees, if they start a fund or something.

[shardling]

Actually, is a DMCA notice against something that's fair use technically bad faith? You are still violating their copyright, you just have a defense against it in court.

Ultimately, whether something is fair use or not is the purview of the courts. Does the DMCA require you to make that judgement before submitting a notice? I would guess not.

And unfortunately, you can't sue people just for being jerks.

[joeframbach]

You can sue anybody for anything. The outcome of such action is not guaranteed either way, however.

[analog]

The damage to their reputation should be quite a good example. Nowhere near so many would have heard of this if they hadn't issued the takedown.