Here’s a link to a great discussion of the situation which has occurred recently when YouTube received 100,000 DMCA Takedown Notices from Viacom, claiming that all 100,000 videos infringed upon Viacom’s copyrights.
The problem? A good number of the videos were legitimate. These users now face the burden of serving YouTube with written counter-notices asserting that Viacom misidentified the content.
Cyberlaw Central Commentary
Some YouTube users are grumbling about bringing suit against Viacom for this false identification, but I believe this is an example of how the system is supposed to work. It’s the statutory scheme set forth in the DMCA, but I doubt anyone expected the scale of this notice. Admittedly Viacom did overreach, but I believe it acted in good faith by notifying YouTube that these 100,000 videos had keywords associated with them related to its intellectual property. Under the DMCA, the burden then shifts back to the content producer to assert its non-infringement or misidentification.
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[...] Google/YouTube’s business strategy has been to comply with takedown notices given under the provisions granted under the DMCA, see my discussion of the 100,000 notices that Viacom issued in February here. While the Defendants can prevail on Counts I, II and III under the Section 230 immunity granted to publishers under theories of direct liability, they could lose on Counts IV through VI, the indirect liability theories. [...]