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That's just how the DMCA has worked for the past 26 years. You can make whatever claims you want and the only case it can have any legal consequences for the se
by poizan42 3y ago
That's just how the DMCA has worked for the past 26 years. You can make whatever claims you want and the only case it can have any legal consequences for the sender is if they straight out lie about owning copyright they don't. Ignoring fair use, precedence, copyrightability or inventing your own crazy legal theories is all fair game.
The platform can choose to ignore the DMCA takedown notice if they are sure it won't hold up in court. But they will lose their safe harbour protection, so most platforms won't risk it if there's even the slightest chance that the claims might have merit.