Msg#: 4627207 posted 4:45 pm on Dec 2, 2013 (gmt 0)
I am neither a lawyer or DMCA expert, but I don't see how filing a false DMCA claim with a US hosting company has a direct penalty associated with it, regardless of the country of origin. There may be something in the DMCA fine print, but it's unlikely there's a battalion of government lawyers eager to take action against claim-filers.
Most copyright issues aren't all that clear-cut, so defining "false" vs. "inaccurate" or "not provable by the facts" could be tricky. And hosting companies are businesses, not government agencies with enforcement powers.
Most of the legal issues, it seems, would be battled out in civil courts. A company whose site was removed based on a false claim might have legal recourse against both the company that initiated the claim and the hosting company that acted on it in a negligent manner. Realistically, pursuing that kind of action probably wouldn't make financial sense in most cases.
Perhaps another WebmasterWorld member has a more informed legal insight based on their own experience.