IMO DMCA complaints should require a revenue loss figure (not potential loss) attributed to every report. and if its found that the company filed a false complaint, they are forced to pay 10x the amount to the victim(s).
want to claim a small free software platform cost you 11 billion in lost revenue? hope you can prove it, otherwise you just handed Nintendo over to “Joey from Nebraska”.
I think the key here is intent. kill switch or not, proving you had the intent to harm is what you’re found guilty of.
can’t prove intent on code that’s had all history wiped from it and sat in prod for several years.
“why does this code exist?” – “IDK” “in your expert opinion why does this exist?” – “I cannot express my expert opinion because of a lack of evidence”