DMCA does have legitimate uses, though. If someone was stealing my IP, I'd certainly consider invoking it. It just becomes a problem when big companies with lawyers™ use it to stop someone from doing something legal that they don't like.
Maybe. Some will argue for software parents too. Copyright infringement was illegal before the DMCA and I'm not convinced it improves things. In fact, I'm pretty sure we'd be better off if it was repealed.
Isn't one of the largest benefits of DMCA the safe harbor protections? Like you said, copyright law exists without DMCA, in which case the Githubs and Youtubes of the world could be sued.
But I don't think safe harbour was entirely new with DMCA - it's a formalisation of what was there? Wasn't there some cases in the 90s where free web hosts and isps were found to not be responsible for users hosting copyright material? Maybe I misremeber.
You have the option to pursue legal action without the DMCA. The problem with the DMCA is that it lets would-be rights holders take down content without any due process - without any other party even reviewing their claim.
