You are playing devil's advocate against the current legal situation. I don't agree, but fine. But you're responding to the suggestion to make a legal change, t

You are playing devil's advocate against the current legal situation. I don't agree, but fine. But you're responding to the suggestion to make a legal change, this legal change presumably would put a liability on these kinds of false positives too. One of the two could still have stiffer sanctions, and cause Google to prefer the other, but the idea is at least that this choice wouldn't be that obvious anymore.