(after the complete lack of penalties for that kind of misuse). Yes, that's one of the biggest problems with the DMCA. It could be solved by only having certai

(after the complete lack of penalties for that kind of misuse). Yes, that's one of the biggest problems with the DMCA. It could be solved by only having certain licenced people be allowed send DMCA take-downs (i.e. you need a DMCA licence to send it). All take downs would have to be filed with some central authority. You'd then have X% (e.g. 1%) of all DMCA take downs randomly examined to find misuse. If someone does ridiculusly stupid things, their DMCA licence is revoked. If someone recieves a DMCA take down notice, and they follow the law, they should also be allowed to have it examined to see if it's insane like this. Again, DMCA licences can be revoked. Someone with a DMCA licence will not send stupid take downs since it would affect them. Initially it shouldn't take much time to examine these cases, since initially you're just looking for stupid cases like this.