No no, you're missing the point. Making a mistake here is not actionable -- it's totally legal to make a mistake and file for the wrong things or thinking that

No no, you're missing the point. Making a mistake here is not actionable -- it's totally legal to make a mistake and file for the wrong things or thinking that you have the right to the material when you actually don't. Only if you knowingly file a false claim is it an issue. That's the fundamental flaw in the DMCA's takedown construct, IMO. Edit: To make an analogy, it's like me firing a gun in no particular direction. If I hit someone, it's at least manslaughter. But if it were like the DMCA takedown system, there would be two options: I didn't knowingly shoot at anyone in particular, so I get off with nothing, or I knowingly shot at them and was in the wrong, making it murder.