> Not perfect, but it does make a pretty big disincentive to being caught issuing fraudulent takedown notices.
In theory, perhaps, but in practice I can find many false notices. The EFF even keeps a "Wall of Shame" with the worst notices: https://www.eff.org/takedowns
A tiny number have gone to court, but even then, damages are rare. Diebold is the only company I can find that has paid significant damages for false claims. While several courts have made rulings of bad faith, I was unable to find even one perjury conviction over a false DMCA notice.
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> Not perfect, but it does make a pretty big disincentive to being caught issuing fraudulent takedown notices.
In theory, perhaps, but in practice I can find many false notices. The EFF even keeps a "Wall of Shame" with the worst notices: https://www.eff.org/takedowns
A tiny number have gone to court, but even then, damages are rare. Diebold is the only company I can find that has paid significant damages for false claims. While several courts have made rulings of bad faith, I was unable to find even one perjury conviction over a false DMCA notice.