Is it illegal to serve an inappropriate DCMA takedown order?
We're seeing these DCMA orders being sent out right left and centre these days. I appreciate there's a lot of piracy going on, and guys like Bono and Metallica etc are probably on the breadline. But we're also seeing a lot of them for frivolous reasons, where any lawyer aware of fair use would know it'd be frivolous or wrong, and even where there's clearly no infringement at all, companies use them as a Shut Up command that implies guilt without proof. ISPs and content hosts do not as a rule protest these orders, they simply comply.
I'd like to see a couple of things, first of all people having a go at the content providers for being pussies - but there's fat chance of that. For example, no matter how much people get angry at phorm it'll have almost zero effect on companies. The vast majority of the public don't give a crap beyond what's the cheapest.
But I'd like to see cases where it was certain the DMCA was wrongly used for a judge to rule against them with punitive measures. Has that happened yet?