If we can look past the politics (and I'll be the first to admit that they are worth *not* looking past), there is another problem:

DMCA enforcement mechanisms are all-too abusable.
Big company gets complaint. Big company acts on complaint, failing to look at details.

It's great that Automattic rectified the problem eventually, but only after it was brought to their attention dramatically. Most self-publishing people don't have the resources to defend themselves from a takedown.