Re:The cesspool of the internet is to be found in a village ...
by mindslight on Saturday April 03, 2021 @05:04PM
(#26684725)
Yes the DMCA is a terrible law that isn't based on justice, but rather was one of the first laws bought by copyright holders so they could attack the nascent Internet. This was apparent at the time, and the community tried to fight it. But as with most ratcheting authoritarianism, we lost and it's just how things are now. I feel like this has been forgotten, based on how people talk about the claim-counterclaim process expecting it to be equitable.
If the falsity is only in regard to the not-under-perjury parts of a takedown notice (like, say, that there is infringing content!), then you maybe, in some circumstances, have a tortious interference claim, but, generally, you are screwed. If you are lucky, your host has and follows a counternotice process and you can get the material back up, but recovering any damages is unlikely.