The problem with the DMCA is that the platform has to immediately take down the content or they lose the protective aspect of the DMCA- I think (though not a lawyer) that more or less any analysis immediately strips protection.
Essentially the belief is that DMCA would never be abused for any reason so you need to penalize the platform but not the submitter.
Essentially the belief is that DMCA would never be abused for any reason so you need to penalize the platform but not the submitter.