> It is unfair to legitimate companies who do their best to make sure their content really is original or properly licensed.
On the other hand, it could be said that it is unfair to new companies and rewards those who _already_ broke the rules. They already broke the rules, so it would be unfair to stop them from continuing to be broken is a bad argument, but it has to be a consideration when entrenching existing companies (as they can absorb the compliance costs).
I'm not really sure what the correct answer is, as allowing an ongoing harm to continue is clearly untenable[1], but you have to ask if this is really accomplishing the ends we want to achieve, and is it the right way to do it.
[1] assuming no large-scale copyright reform, but that doesn't appear to be on the cards
On the other hand, it could be said that it is unfair to new companies and rewards those who _already_ broke the rules. They already broke the rules, so it would be unfair to stop them from continuing to be broken is a bad argument, but it has to be a consideration when entrenching existing companies (as they can absorb the compliance costs).
I'm not really sure what the correct answer is, as allowing an ongoing harm to continue is clearly untenable[1], but you have to ask if this is really accomplishing the ends we want to achieve, and is it the right way to do it.
[1] assuming no large-scale copyright reform, but that doesn't appear to be on the cards