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by dragonwriter 1904 days ago
> Shouldn't Cloudflare have some form where SteamDB could state "we don't infringe on your copyright" and then it's up to SEGA to take this to court?

Not really.

I mean, yes, the DMCA provides an additional safe harbor for putting stuff back up in response to a counternotice, but most providers have structured their relationship with users such that they are certain to have no liability for a takedown-and-keepdown in the first place, so they have very little incentive to have a counternotice process.

The difference between safe harbor requirements and real legal requirements is that whether there is any force behind the former depends entirely on whether you have any preexisting liability for the safe harbor to protect you from.