| > Cloudflare's lawyers should have told Crowd strike to kick rocks. Not all ISPs use provisions in the DMCA that let them put the burden back on the claimant. A few do. In general, if ISPs or CDNs have a free plan, they can't, as bad actors leverage these free plans in bulk. But ISPs or CDNs that charge actual money to known customers will generally not take down until all legal avenues to keep their client online are exhausted or someone upstream from them blinks which threatens the rest of their customers. It's not a question of getting what you pay for so much as being sure that everyone using the same provider is paying, and having a discussion with the provider before it happens instead of during. You also need all links to play it this way, or you have to host in a different jurisdiction, which may not be possible for some data/content. There are ISPs, CDNs, DNS registrars, data center facilities, backbone providers, who don't take down before asking questions, so if you need to be in the USA, find those. // I have been both a provider refusing to take a client down for nonsense, and a client of those upstream who refused to take us down when our clients were under threat. And yes, when this would happen we spent money rather than cave if the mega corp insisted to go to court, yes the mega corps lost (typically instantly), and yes we donated to EFF. |
"It is true that there are a relatively small number of companies that have outsized influence over what is available online," McSherry said. "And that can be really difficult or create a real problem because sometimes they don't have any choice but to sort of overcensor."
"In this case, "there was just big companies using big processes and not being careful," McSherry said. "And that is not acceptable."
https://arstechnica.com/tech-policy/2024/08/parody-site-clow...