The DMCA is easy to abuse without any consequences. There's no known case of anyone ever being legally sanctioned for filing a DMCA takedown, even when it involved lies such as assertions of copyright ownership that were clearly untrue.
Depends on what your criteria is. Google settled for 25k with someone who submitted fake notices to YouTube. Given that most litigation ends before a decision, it's likely there's been other private settlements.
More broadly than just DMCA, but here's a partial list of successful cases:
https://www.courtlistener.com/docket/4226764/dynamic-designs... awarded declaratory judgement and 37k in attorney fees for a false claim made to eBay (see docket 38)
>On November 11, 2011, Mr. Nalin filed a “VeRO complaint with
eBay asserting that the Dynamic Designs speaker adapter
infringed Nalin’s trademark rights.”
Given the large number of attempts at legal sanctions which have all failed, I'm not so sure that an out-of-court settlement is that interesting. So yes, that's what I think is important.
Edit: I'm having a hard time keeping up with your edits, can you stop editing at some point?
You've added 3 links about counterfitting. The DMCA only applies to copyrights, not trademarks or patents.
I think I only did one edit to add the cases, won't edit that comment any more.
I did disclaim that those are broader than DMCA. I'm well aware of the distinctions.
You're looking only for final judgements? I have a handful where a judge ordered the DMCA notice to be retracted and ordered them not to refile it, and then the case settled, presumably on favorable terms.
I agree DMCA cases seem to be harder to win than trademark/patent abuse.
>A required retraction is not much of a legal sanction.
It gives somewhat of a hint about the nature of the settlement, which in most cases is private. There do seem to be a decent number of settlements; my guess is the most egregious cases all settle, and the ones that move forward are harder to win.
>Since Curtis repeatedly alleged that Defendants knew that the takedown notices contained false infringement allegations, she adequately pleaded all of § 512(f)’s elements.
