Yes, I know, but there's a difference between "can get sued" and "will be." What if Zazzle didn't take the art down and said "This is obviously defensibly NOT Twilight fan art and we will prove it in court if necessary." ? Some actual human lawyer at Summit would have to look at the art before they could file suit, and they would likely conclude they were setting themselves up for not only a PR nightmare but a lost case if they pursued it. That kind of lost case could set a case law precedent that could very well overturn the automated mechanism of the DMCA, which is why Summit would never ever actually take them to court. But it takes a company willing to fight the abuse and take the risk of having to go to court on behalf of not only their users but their business model which is damaged by these spurious notices.