Given the number of fraudulent DMCA takedowns that are created by bots and malicious actors, they absolutely have to be individually examined by competent legal counsel.
At one point Microsoft was issuing DMCA takedowns against (then) openOffice.org mirrors, allegedly on the grounds that any large file with a name that contained the word 'office' must be a 'pirated' version of MS Office. Taking these takedowns at face value would have ended the openOffice.org project and absolutely could not have been respected in good faith.
These kind of abuses are ongoing from multiple parties, including bots, copyright trolls, and crazed ideologues who file completely fraudulent DMCA takedowns to force anonymous personalities to disclose their identities. There is no alternative but to consider DMCA takedowns on legal merits because so many of them have no merits whatsoever.
Having the funding to do this 'at scale' is just as much a cost of doing business as paying for power and connectivity. If hosting platforms don't want to do this, then they should purchase an amendment to the DMCA to impose criminal sanctions on entities that serve fraudulent DMCA takedowns.
At one point Microsoft was issuing DMCA takedowns against (then) openOffice.org mirrors, allegedly on the grounds that any large file with a name that contained the word 'office' must be a 'pirated' version of MS Office. Taking these takedowns at face value would have ended the openOffice.org project and absolutely could not have been respected in good faith.
These kind of abuses are ongoing from multiple parties, including bots, copyright trolls, and crazed ideologues who file completely fraudulent DMCA takedowns to force anonymous personalities to disclose their identities. There is no alternative but to consider DMCA takedowns on legal merits because so many of them have no merits whatsoever.
Having the funding to do this 'at scale' is just as much a cost of doing business as paying for power and connectivity. If hosting platforms don't want to do this, then they should purchase an amendment to the DMCA to impose criminal sanctions on entities that serve fraudulent DMCA takedowns.