After watching Leonard French go over the Sargon suit, I think there's a counter-claim to be filed that is supposed to provide some temporary relief to push back some draconian measures Youtube imposes that are required under the DMCA.
15 USC 512 (f) Misrepresentations.—Any person who knowingly materially misrepresents under this section—
(1) that material or activity is infringing, or
(2) that material or activity was removed or disabled by mistake or misidentification
shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.
Fraudulent DMCA takedowns needs some severe punishment cases with treble costs, damages and fees or better to send a message that this type of criminal-like behavior won't be tolerated.
Fraudulent DMCA takedowns needs some severe punishment cases with treble costs, damages and fees or better to send a message that this type of criminal-like behavior won't be tolerated.