People are suggesting sending a DMCA takedown notice, but is download.cnet.com hosting OP's software because a user has uploaded it? If they have chosen to host

People are suggesting sending a DMCA takedown notice, but is download.cnet.com hosting OP's software because a user has uploaded it? If they have chosen to host it themselves, why isn't this ordinary copyright infringement for which the operators of the site would be liable without any safe harbor under the DMCA to protect them in the first place? The US legal system provides for considerable damages in cases of copyright infringement, so if there is reasonable evidence for a claim and OP believes they have lost money as a result of the infringing hosting, an initial discussion with a real IP lawyer might be a more useful starting point for OP here.