> Why hasn't torrentfreak sued? Presumably because it's not an easy win and doesn't produce real benefits for them. I'm struggling to see how any of that would

> Why hasn't torrentfreak sued? Presumably because it's not an easy win and doesn't produce real benefits for them. I'm struggling to see how any of that would change under your proposal. a) I’m not sure they can even sue currently, isn’t the only thing illegal misrepresenting that you have the right you claim? b) Even if they could, as you say, no real benefit c) The change would mean that just the threat of getting sued for malicious DMCA notices would make the companies sending them better at actually having a case. Currently, there is no risk at all shooting with cluster bombs when sending notices. Barely any risk using DMCA to prevent speech. That is what my proposal would take away.