DMCA requests are made under penalty of perjury. “The penalty for a federal perjury crime includes fines and imprisonment for up to five years. Judges have the discretion to use leniency (including probation instead of prison) when proper.” (https://www.findlaw.com/criminal/criminal-charges/perjury.html) So if a false request is made of you make sure you press charges.
Of course this doesn’t matter in the real world. All the large players (youtube) have processes that look like DMCA, but are in fact their own creation and so a takedown isn’t actually a DMCA takedown. A good lawyer could probably convince the courts that the process is close enough and should have the same perjury penalty, but this will cost a lot of your money and bounce around in appeals court for years.
DMCA requests are made under penalty of perjury. “The penalty for a federal perjury crime includes fines and imprisonment for up to five years. Judges have the discretion to use leniency (including probation instead of prison) when proper.” (https://www.findlaw.com/criminal/criminal-charges/perjury.html) So if a false request is made of you make sure you press charges.
Of course this doesn’t matter in the real world. All the large players (youtube) have processes that look like DMCA, but are in fact their own creation and so a takedown isn’t actually a DMCA takedown. A good lawyer could probably convince the courts that the process is close enough and should have the same perjury penalty, but this will cost a lot of your money and bounce around in appeals court for years.
You’re right. The bigger problem is giving private entities so much power to rule in copyright disputes and inflict punishment with no real oversight.