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There are many possible solutions, e.g.

- A company that files a fraudulent request loses DMCA rights (that way, it doesn't have to be proven repeatedly, just once)

- Liability for false takedowns w/ punitive damages, criminal liability with actual enforcement for malicious attempts or even negligence. Potentially a deposit requirement once a false claim has been made.




Those are good ideas, but the first one should have been:

- Nothing at all happens until a unbiased court issues an injunction.

In other words, the process that was in place before the DMCA was passed.




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