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Unstated. I imagine a range of approaches would probably be upheld by the courts. In practice, there isn’t much incentive for the big providers to doubt the ta
by jkaplowitz 3y ago
Unstated. I imagine a range of approaches would probably be upheld by the courts.
In practice, there isn’t much incentive for the big providers to doubt the takedown notices as applied to most customers. After all, the pushback against them for being too quick to terminate will generally be comparable or milder than that for them being too slow to terminate, given who has the money and influence, plus it takes more work from the provider to be protective of legal reuse than to assume all notices are legitimate.
Some cases of reuse-protective approaches by service providers do exist, of course. I suspect this happens when the provider is small enough to either have a reuse-protective ideology or simply to take a personalized rather than automated approach, and also when a big provider views a customer as lucrative or influential enough that they don’t want to punish them incorrectly.