This may sound extreme (and it kind of is), but companies send bogus legal threats under penalty of perjury and it's time to put the "magic of incentives" at work here. IP protection is not a constitutional right. You abuse it you lose it.
If not implemented carefully, this could incentivize shell games.
I don't think that it does.
If you submit one with authorization, then the authorizing party should put their IP as collateral.
> “To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.”
https://constitution.congress.gov/browse/article-1/section-8...
That is, the constitution grants Congress the authority to create a legislative IP right. It does not create a constitutional IP right.
You can tell, because Congress could say: “stuff it, no IP rights for anyone. Copyright no longer exists for new works”, and that would be constitutional.
Thus congress could specify that copyright only lasts for 1 month, but they can’t just ignore it or set it to 1 second without the courts getting involved.
For instance, if they think the value of IP to promoting the arts and sciences is reduced significantly by IP claimants committing perjury and abusing other people's freedom of expression, and that the situation needs a remedy.
There's nothing saying it has to be this way, merely that granting rights is a thing that can be done. Y'all can find this section of the constitution I'm sure, and it's dull but short! This is super up to the legislature, otherwise how would they have passed the DMCA in the first place? Of course they could make a law to revoke IP for any kind of thing they decide they need to -- like for national security:
"The Congress shall have Power To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries."
I’m not saying this is right, just that this is the reason.
Just like if a law requires business to enforce mask-wearing, and then I get kicked out for not wearing a mask, that was not a legal proceeding. They just kicked me out.
Copyright holders are organized, e.g. MPAA/RIAA, and motivated (money moves ya). Content consumers are disorganized and little motivated.
If the purpose of filing the notice was griefing I can create [email protected] email accounts by the dozen and start sending.
Your proposal only helps with lazy automated notices / ones that are sent by companies aggressive and/or incompetent beyond reason.
I'd rather have statutory damages somewhere in 5 digits range for filing obviously ridiculous notice, just like there is one for copyright violations.
The problem with this idea is that there is no "system" you literally just send an email/letter/whatever claiming that you're the rightsholder.
There should also be consequences for copyright owners choosing to be represented by a large number of such abusers, but that's a lot more complicated and would require more due process.