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Indeed but if a company says to YouTube "this is our IP" and it's not and they don't have proof that it is then they have likely knowingly committed a fraud. The fact that the fraud is in a private arena is neither here-nor-there - it's still fraud and still impacts the public and/or actual IP rights holders.

If YouTube send you a DMCA takedown notification and those calling for the takedown can be easily confirmed to have acted falsely - eg you created the IP then the law _should_ enable you to successfully get punitive damages awarded. That would balance the current law and go someway to ensuring companies/people would only claim ownership of IPR they were sure they owned.

At the moment a company can just take a splatter-gun approach, claim everything is theirs, get paid. When you prove they made false claim all they get is less money paid to them - without punitive damages [and criminal proceedings] there is nothing to stop this sort of abuse.



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