[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.