While a false DMCA takedown request can be fined and ultimately punished with jail time, most of the casework on this has clear malicious intent. These are part

While a false DMCA takedown request can be fined and ultimately punished with jail time, most of the casework on this has clear malicious intent. These are parties that send out a notice just for articles or posts that are critical of said party. In these cases, you had a human on one side knowingly filing a single false DMCA takedown. http://www.aaronkellylaw.com/consequences-of-filing-a-false-dmca-takedown-request/ http://www.aaronkellylaw.com/consequences-of-filing-a-false-... These are cases of programmers creating takedown bots with false positives. Do the programmers know that there will be false positives? Yes. Do they not make a good faith effort to prevent those false positives? Probably. Good luck proving this in court though.