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by Symmetry 5271 days ago
But the problem with SOPA is that the determination of whether a site is "primarily designed" for copyright infringement is subjective, and a determination made entirely by the party alleging copyright infringement. In theory people using DMCA takedown notices now are only supposed to use them for cases that are really copyright infringement, aka aren't subject to Fair Use or such - or has a legal right to use that song. In practice, copyright holders use automated systems that make no attempt to gauge whether or not some YouTube video or whathaveyou is actually infringing, but just issue a take down request for anything their automated systems find matches a pattern in their database closely enough, with sometimes hilarious results.

I expect that at least one major copyright holder will use a similar system with SOPA, since there seems to be even less theoretical penalty for doing so than with the DMCA. So yes, I expect that the BBC might very well be blacklisted just because one used posts a link to infringing material. And then it will stay blacklisted until maybe the slow wheels of human review come to the consensus that it was indeed an error, and fix it.