As others have pointed out, the invalid DMCA notices via Content ID, etc, are the weak point. It robs the legitimate creator of their income (no refund of ad revenue), which encourages unethical behavior.
I was under the impression the DMCA had penalties for false takedown notices. The ad money should be held in the account and given to the proven owner. Companies should put up a bond for takedown notices, and should have to ascertain that a human reviewed it and is confident it is not fair use, etc.
At the very least, couldn't one press charges of theft (of income) if the notice was invalid?
