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I'm not upset. Sorry if I'm coming off that way.

It's just that there's a big disconnect between what people have read out of the article regarding it's applicability and what remedies actually flow out of it.

Hence the ...so what?

Large sites will have a tool like photoDNA or ContentID to be able to flag works so you can't do something like repeatedly upload something like Aquaman an hour after release. That's reasonable. With respect to a site like HN, it's highly probable the entire article literally has zero impact, unless people take to posting book chapters in comments constantly (and if that happened, you'd expect they should take action in some way).

The proportionality requirement alone alleviates almost EVERY concern people are bringing up. I don't think the legislation is perfect, but it's pretty good, fairly clear, and very easily suited to judicial interpretation to create fair results in unanticipated situations.






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