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I seems that some copyright claimants spam website operators with bogus takedown notices. What the DMCA takedown procedure lacks is a provision allowing website operators to just ignore takedown notices from claimants with a spotty track record of bogus claims. The standard for 'bogus' could be something as simple as a hit-rate threshold (fraction of claims in past x days that are not shown to be bogus).

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A reputation system would be trivial to circumvent, though, through a shell entity. an easy way I'd imagine to limit bogus claims would be to make it so that a bogus claim has a negative effect, in the small. Normal law has this pretty well figured out: you win, you get reimbursed, you lose, pay up.

The problem with this is that when EMI or some other record giant is the one being abusive and submitting bogus claims, Youtube/SC/et all will not start ignoring notices because they will be afraid that the label will pull their catalog.

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