"Despite the "penalties" for an inappropriate use of takedown notice, I don't think there has been a single case ever where this has been applied."

See the public YouTube case of VenomFangX vs. Thunderf00t.

That's just how one false DMCA claim was handled (oddly enough, very similar situation - creationist wanted to stifle free thinker's free speech). There are many more where the DMCA's misuse has seen consequences, and some big names have had to say they were wrong. The EFF would probably be a good place to look, since they're usually involved wherever the DMCA is being invoked, and often, they help with legal expenses of those falsely accused of DMCA infraction (although both Thunderf00t and DonExodus2 both found pro bono help - it seems when it comes to the DMCA and getting a sure-fire case win, you can expect lawyers to come out of the woodwork to your aid).

If you file a DMCA notice on youtube, you are expected to sue the uploaders. If you don't, that's pretty much a given that you're not using the DMCA the way you're supposed to. By law, youtube has to share the takedown letter to the uploader (and they do), so that they can prepare for a lawsuit or counter-suit as the case may be.

Don't get me wrong. The DMCA was a horrible piece of legislation that proves that lawmakers are lazy, incompetent, and just plain out of touch with how the majority of this country thinks. But there's some teeth built into the bill to keep it from being used as a way to stifle free speech. If you're caught misusing the DMCA, you expose yourself to both legal and civil damage. If you cannot pay for your false claims, you can have an injunction placed against you from filing any further DMCA claims.

donexodus2 needs to check his messages/mails. 1579?

This is more or less the point I was trying to get to in another thread. I'm an atheist myself but that's irrelevant to most of the young earth type of debates. At least I always thought it was. Theism/atheism is a matter of belief, either you do believe or you don't. Science isn't about belief, it's about evidence and acceptance of that evidence. Separate issues and we don't help ourselves by confusing them with the very people who need the education the most.

Two individuals who I've run across and found to be interesting are YouTube Christians with a small difference from the ones we normally think of. One of them has a degree in Evolutionary Biology and produces his own videos on the subject, and both are active on the side of science in the debate. Not on the side of us atheists, but of science. It's a distinction worth remembering if we want to see more like them.

The home page for the author of this vid first, then the other guy I found interesting. The second one has a great playlist collection.

http://www.youtube.com/user/DonExodus2
http://www.youtube.com/user/djarm67