The DMCA states it is criminal to send false takedown requests, excusing from mistakes. However "Whoops, I sent a takedown for nothing but open source software!

The DMCA states it is criminal to send false takedown requests, excusing from mistakes. However "Whoops, I sent a takedown for nothing but open source software!" is not a mistake. It is negligence in writing scripts or a human review process that avoids false takedown requests. If the city "mistakenly forgets" to repair the brakes on its busses, injuring dozens of people, they would of course be liable for the damages.