What's news is that this isn't how the DMCA is supposed to work. It's supposed to apply to copyrighted material. Not material which when downloaded and run will connect to a P2P network and attempt to download material, which has some probability of being infringing.
This case actually seems relatively flimsy; and as the DMCA notice admits, it hinges on a previous ruling that
“the distribution of a product can itself give rise to liability where evidence shows that the distributor intended and encouraged the product to be used to infringe”
Unfortunately there's no way this notice will be challenged in court, so we probably won't find out if it was legally valid or not.
This case actually seems relatively flimsy; and as the DMCA notice admits, it hinges on a previous ruling that
Unfortunately there's no way this notice will be challenged in court, so we probably won't find out if it was legally valid or not.