> If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated within the Work constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for that Work shall terminate as of the date such litigation is filed.
I'm not sure if it could work with, or be a good idea for, the DMCA. But I'd guess one would say something along the lines of "any invocation of provisions in the DMCA revoke any license grants herein".
The patent clause in Apache is rather common in various FRAND and open standard agreements to prevent the project from being taken hostage in disputes between corporations.
If you apply something similar to a wide spread license like GPL for example it means that if I’m hosting a website running on FOSS with this license software that hosts say copies of Netflix shows Netflix can’t use DMCA against me because they also use FOSS software under the same license.
Again, I'm not saying this is a good idea - but it's an idea.
Individual music companies might be hit a lot harder.
