They already exist, problem is the penalties don't kick in unless you counterfile to restore your content, and then take the original requestor to court for filing notices in bad faith, something that requires one hell of a case to prove.
I'd be perfectly fine with lobbying for penalties for accidental takedowns, though. You have the power to take down anything anywhere in the USA, fine. You should be forced to take responsibility for that. As it stands, they can shrug and say "oops" and leave a trail of damage in their wake.
>They already exist, problem is the penalties don't kick in unless you counterfile to restore your content, and then take the original requestor to court for filing notices in bad faith, something that requires one hell of a case to prove.
I have long wondered... if I remember correctly, when you file a DMCA counter notice, you have to say under penalty of perjury that you believe that the original notice was filed "in error". Would that potentially interfere with a later claim that the notice was filed in bad faith?
I'd be perfectly fine with lobbying for penalties for accidental takedowns, though. You have the power to take down anything anywhere in the USA, fine. You should be forced to take responsibility for that. As it stands, they can shrug and say "oops" and leave a trail of damage in their wake.