If the DMCA doesn't apply, then the MPAA could immediately sue whoever is hosting these files for contributory copyright infringement. The DMCA is a shield, no

If the DMCA doesn't apply, then the MPAA could immediately sue whoever is hosting these files for contributory copyright infringement. The DMCA is a shield, not a weapon. Essentially, you are shielded until you get a notice of the infringing content. But there is no legal force behind a DMCA. If you get one you can tell the company to fuck off. But you are now liable for any infringement, if proven in court.