Abuse of DMCA has been common since inception but people rarely successfully retaliate because it could trivially run into 10s of thousands of dollars to do so with dubious chances of recovery. Furthermore if they have obfuscated their identity or are overseas you are unlikely to receive any satisfaction.
Take downs ought to required to be attached to a substantial bond per creator not per work that can be recovered in country without substantial litigation. Legit creators could act through an intermediary while paying only a small fraction of the bond under the premise that they would rarely lose the bond and could recover from someone who has a legal identity attached.
Trolls would virtually cease to exist as it would be expensive and futile. Post one fake notice lose your money exit.
Legit companies that presently haphazardly take down programmatically would adjust their strategy after they lost the nth bond.
Take downs ought to required to be attached to a substantial bond per creator not per work that can be recovered in country without substantial litigation. Legit creators could act through an intermediary while paying only a small fraction of the bond under the premise that they would rarely lose the bond and could recover from someone who has a legal identity attached.
Trolls would virtually cease to exist as it would be expensive and futile. Post one fake notice lose your money exit.
Legit companies that presently haphazardly take down programmatically would adjust their strategy after they lost the nth bond.