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At least the DMCA in the U.S. has guardrails: not just anyone can send a takedown demand for everything. The requester has identify the works and declare under penalty of perjury that they are operating on the behalf of the owner. I imagine the equivalent EU law has similar requirements.

CloudFlare uses legal chicanery to try to subvert the DMCA by claiming that because they’re not the origin server, they’re not subject to takedown demands. So far no court has told them to knock it off. I expect that day will eventually come. Every lawsuit against them to date has ended in a settlement because CloudFlare would rather pay up than get an unfavorable ruling on the books.

CloudFlare has consistently treated loss of DMCA safe harbor protection as a material business risk; it’s been cited in every SEC filing from the 2019 IPO S-1 through the FY2025 10-K.

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