> If you file a proper DMCA request than the provider must, ASAP, take the content down
You are very confused about the nature of DMCA. The provider that receives a DMCA copyright infringement notification is not mandated to do anything at all by the DMCA. Having complied with the notice however gives the provider immunity from a potential copyright infringement lawsuit from the copyright holder - that is the purpose of DMCA.
About 30% of DMCA notices are defective, and Google for example complies with less than 70% of the notices it receives.
> The provider that receives a DMCA copyright infringement notification is not mandated to do anything at all by the DMCA.
Ok sure they don't HAVE to do anything. But if they wish to maintain their safe harbor status [1] they must remove it when requested. Otherwise the copyright holder can, and probably will, go after them. Google et al can safely ignore some number of the notices because they are Google and can send a swarm of lawyers to defend themselves if they are taken to court. Many smaller companies don't have that luxury.
> 3) upon receiving notice from copyright owners or their agents, act expeditiously to remove the purported infringing material.
I don't know if you have noticed but Youtube and github employ a "take down now - ask questions later" policy for this very reason. You can file a counter-notice to get the content reinstated - but you better be sure you are in the right.
Oh and Google actually complied with 97% of requests between July and December 2011 [2].
You are very confused about the nature of DMCA. The provider that receives a DMCA copyright infringement notification is not mandated to do anything at all by the DMCA. Having complied with the notice however gives the provider immunity from a potential copyright infringement lawsuit from the copyright holder - that is the purpose of DMCA.
About 30% of DMCA notices are defective, and Google for example complies with less than 70% of the notices it receives.