The issue is that (supposedly, we can't know because the repo has been taken down) the code was pre-configured to host copyrighted material. From the complaint:

> The identified files and code are preconfigured to find and provide infringing copies of our Members’ film and tv content to Nyaa.si users in violation of copyright law.

I don't know if they mean that the code is preconfigured to connect to a torrent network which is known to host copyrighted material, or if there was a host_copyrighted_contet.cfg file, etc. Its hard to know how much they are stretching the truth because the code is gone.

Agreed, that's what I just commented before reading this reply. They are very loose with their words in takedowns. I bet it's probably not as bad as they say, though. Maybe it has a movie/TV API that it uses, thus is "preconfigured to find and provide infringing copies of our Members’ film and tv content".

In which case it should be easy to show the non-infringing uses. Many linux distributions have torrent downloads just as one example.

Agree. Whether or not the boomers in congress and lobbyists in the MPAA/RIAA care, though, is another question

The courts have a different standard though, and so it is much easier to get them to see. DMCA also is submitted under penalty of perjury, so if there is no infringement, then the courts can take criminal action against the accuser.

I'm not clear on exactly what is being claimed so I don't know how real it is in this case.

> DMCA also is submitted under penalty of perjury

No, it's not, except for the claim to copyright ownership of the allegedly infringed work. Particularly, the claim of infringement is not made under penalty of perjury (which makes some sense, as it is a legal and not a factual claim, but you don't have to allege the factual basis for the claim of infringement under penalty of perjury, either.)