> The requirements aren't set out in detail, and will largely be fleshed out by the courts. This is where the reality of Art. 13 will be set - in the rulings which follow.
But that's part of the problem. It means a service you operate today is subject to a law that will be decided on tomorrow. So you either make the conservative choice, which is onerously expensive and may put you out of business immediately, or you risk being the case of first impression where the more cost effective choice you made is decided to be insufficient, and that too puts you out of business -- but only after you've dedicated years of your life to it.
> Also, elements in a test don't react linearly in court judgements. Scaling from 100 users to 200 isn't going to suddenly mean that it's proportional for you to implement Content ID from scratch or that an applicable fine doubles.
Users don't scale linearly either. Things have network effects. Side projects get posted to HN or similar and go from hundreds of users to hundreds of thousands in the course of an afternoon.
And again, just because you have a lot of users doesn't mean you make a lot of money. Your project may have had a million users for a decade, but if the revenue from those users is only just covering your hosting costs as it is, now you're out of business.
> I think most people can agree that the cut and dry abuse of copyright and copyright-adjacent systems should be penalized. But it is. Just not at the scale of individual content producers. If someone tried to extort you by placing false copystrikes on your work and you had proof, you would have a few torts or more general omnibus civil code provisions to use in most jurisdictions. But the cost and hassle of doing so might be higher than your expected return.
Which means that it isn't, because then nobody does that and there is no penalty for continuing to do it in practice. And the solution to that is quite straight forward -- make the penalty for a false claim sufficiently large, and the process for having it enforced sufficiently simple, that it justifies the victim in spending that amount of time to enforce the penalty.
Moreover, even the existing penalties are quite useless because the biggest problem isn't overtly fraudulent claims, it's the extremely high volume of false positives the claimants have no real incentive to reduce.