Assuming we're using "DMCA" here as a shorthand for the DMCA safe harbor, what do you mean it still applies? The way I understand it, abiding by the takedown pr

Assuming we're using "DMCA" here as a shorthand for the DMCA safe harbor, what do you mean it still applies? The way I understand it, abiding by the takedown process is only relevant for a party that would otherwise would be liable for copyright infringement. The court states this in a bit of a roundabout way (compared to my blunt summary): > The DMCA safe harbors provide potential defenses against copyright infringement claims where, but for the safe harbors, the plaintiff has a meritorious cause of action against the defendant for copyright infringement. But alleged failures to satisfy the conditions of a DMCA safe harbor provision cannot constitute a cause of action without a viable underlying claim for copyright infringement.