Note that the EFF is trying to prosecute a case over this clause [1]. IANAL, but it seems to be hard to hold someone responsible for a bad DMCA notice unless they specifically knew that it was bad (rather than merely being sloppy and sending notices without adequately considering fair use). Whether that is the case for this notice could theoretically be found out through discovery.

[1] https://www.eff.org/cases/lenz-v-universal