Are you honestly surprised? There's been one or two minor examples of it happening, but what I personally think needs to happen is someone needs to get slapped HARD with a countersuit from a sketchy or illegal DMCA takedown notice. Of course IANAL, but it would seem to me that if a strong legal precedent is set for fighting draconian or ill-conceived DMCA application attempts, then perhaps people might think twice before doing so, realizing they may get sued (successfully) in a civil situation.
Just my thoughts. /shrug
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