Actually, is a DMCA notice against something that's fair use technically bad faith? You are still violating their copyright, you just have a defense against it in court.
Ultimately, whether something is fair use or not is the purview of the courts. Does the DMCA require you to make that judgement before submitting a notice? I would guess not.
And unfortunately, you can't sue people just for being jerks.
Ultimately, whether something is fair use or not is the purview of the courts. Does the DMCA require you to make that judgement before submitting a notice? I would guess not.
And unfortunately, you can't sue people just for being jerks.