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So damned if you do and damned if you don’t? How does this right here not destroy the prospect of any small company trying to scale operations in this space?

From the company’s perspective, it’s like a DDoS attack that is illegal to defend yourself against.




Small companies have lower requirements for what they need to do under the directive.

About the measures taken, for example:

> The measures should be proportionate in order to avoid imposing disproportionately complicated or costly obligations on certain online content sharing service providers, taking into account notably their small size.

For small/micro enterprises this then means that for the DDoS attack you'd need the rightsholders to invalidly notify of large amounts of content that needs removing (each one specifically) which must be done with the intent of killing off the platform. Would that be legal? To submit false claims deliberately to hurt the company?


You are aware this is exactly what happens under DMCA?


Yes, and that is ok in the US. We're talking about Europe, where the legislators at least pretend to care about the people they're making laws for.




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