This would be an issue if the 3rd takedown immediately triggered an un-copyrighting event, but it could be done in other ways. E.g.: "It shall be a defense to

This would be an issue if the 3rd takedown immediately triggered an un-copyrighting event, but it could be done in other ways. E.g.: "It shall be a defense to a claim of copyright infringement that an author of the claimed work has sent 3 or more invalid DMCA notices in the past"