I wonder why the claim of a Person who files a DMCA notice claiming their copyrighted work is infringed is not held under penalty of perjury. Rather it is the one filing a counter claim that is placed in a stricter standard. It seems there is little recourse for the alleged infringer to rebut claims of infringement if the copyright holder makes claims in bad faith. This is especially prevalent here in youtube when many a story of people having their entire videos taken down for 1 second of "infringing work" being displayed or heard in the background or even if it is subject to fair use.
I wonder why the claim of a Person who files a DMCA notice claiming their copyrighted work is infringed is not held under penalty of perjury. Rather it is the one filing a counter claim that is placed in a stricter standard. It seems there is little recourse for the alleged infringer to rebut claims of infringement if the copyright holder makes claims in bad faith. This is especially prevalent here in youtube when many a story of people having their entire videos taken down for 1 second of "infringing work" being displayed or heard in the background or even if it is subject to fair use.