Think again.
Even if a search engine does not meet the requirements of the "Safe Harbor" provisions of the DMCA, that search engine is under no obligation to even acknowledge the existence of a DMCA notice.
Doubt me?
Go here and learn:
http://chillingeffects.org/dmca512/faq.cgi#QID564
"Question: What are the criteria a service provider must satisfy in order to qualify for safe harbor protection under Subsection 512(a) of the Digital Millennium Copyright Act?
Answer: Subsection 512(a) provides a safe harbor for service providers in regard to communications that do not reside on the service provider."
"Question: What does a service provider have to do in order to qualify for safe harbor protection?
Answer: In addition to informing its customers of its policies (discussed above), a service provider must follow the proper notice and takedown procedures (discussed above) and also meet several other requirements in order to qualify for exemption under the safe harbor provisions.
In order to facilitate the notification process in cases of infringement, ISPs which allow users to store information on their networks, such as a web hosting service, must designate an agent that will receive the notices from copyright owners that its network contains material which infringes their intellectual property rights. The service provider must then notify the Copyright Office of the agent's name and address and make that information publicly available on its web site. [512(c)(2)]
Finally, the service provider must not have knowledge that the material or activity is infringing or of the fact that the infringing material exists on its network. [512(c)(1)(A)], [512(d)(1)(A)]. If it does discover such material before being contacted by the copyright owners, it is instructed to remove, or disable access to, the material itself. [512(c)(1)(A)(iii)], [512(d)(1)(C)]. The service provider must not gain any financial benefit that is attributable to the infringing material. [512(c)(1)(B)], [512(d)(2)]."
And now here are the kickers:
"Question: What is the significance of Section 512(a) of the DMCA to service providers?
Answer: If a service provider falls within the requirements of subsection 512(a), then it will not be liable for monetary, injunctive, or other equitable relief. Specifically, a service provider will not be liable for copyright infringement by reason of (1) the service provider."
"Question: Does a service provider have to follow the safe harbor procedures?
Answer: No. An ISP may choose not to follow the DMCA takedown process, and do without the safe harbor. If it would not be liable under pre-DMCA copyright law (for example, because it is not contributorily or vicariously liable, or because there is no underlying copyright infringement), it can still raise those same defenses if it is sued."
"Question: What is section 512 of the DMCA, and what are its various provisions?
Answer: The On-Line Copyright Infringement Liability Limitation Act (OCILLA), included as section 512 of the Digital Millennium Copyright Act (DMCA), was passed in 1998. It provides Internet Service Providers (ISPs), such as providers of DSL and dial-up Internet access, as well as other Online Service Providers (OSPs), such as search engines, with a safe harbor and protection from liability under the Act."
In other words, you can send all the DMCA notices you want and the search engine can choose to ignore them completely. Essentially, if the search engine itself is not hosting the material, he search engine is exempt from the provisions of the DMCA.
Could it be time for much more aggressive action to be taken against those sites using stolen, pirated or otherwise infringing material?
