But surely that doesn't prevent liability? It just makes it even more systematic?
You'd sue in some creator-friendly jurisdiction and say something like that 'Youtube's effectively co-operating with fraudsters who use false copyright strikes in this or that way, possibly to save money, possibly to avoid liability in other jurisdiction, but they do it'.
If the friendly jurisdiction was the Swedish one you'd say that this avoidance of liability in other jurisdictions etc. was Youtube's gain and the economic harm or loss was your actual loss of revenue, and then the judges, even though it's not law would start thinking about all the problems and social harm from this, and then judge in your favour. Apparently in Swedish law negligence is enough for fraud, and given all these complaints and videos etc. it would be easy to prove negligence.
This kind of thing also falls within allmänt åtal, so in theory a private lawsuit shouldn't actually be required, so in principle it shouldn't matter that you might have an agreement to settle disputes through some special procedure. This kind of negligence is simply crime, crime that you can go to prison for.
You'd sue in some creator-friendly jurisdiction and say something like that 'Youtube's effectively co-operating with fraudsters who use false copyright strikes in this or that way, possibly to save money, possibly to avoid liability in other jurisdiction, but they do it'.
If the friendly jurisdiction was the Swedish one you'd say that this avoidance of liability in other jurisdictions etc. was Youtube's gain and the economic harm or loss was your actual loss of revenue, and then the judges, even though it's not law would start thinking about all the problems and social harm from this, and then judge in your favour. Apparently in Swedish law negligence is enough for fraud, and given all these complaints and videos etc. it would be easy to prove negligence.
This kind of thing also falls within allmänt åtal, so in theory a private lawsuit shouldn't actually be required, so in principle it shouldn't matter that you might have an agreement to settle disputes through some special procedure. This kind of negligence is simply crime, crime that you can go to prison for.