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DMCA notices (and whatever the EU equivalents are) are designed to avoid the need for court orders. Every service provider that sends content is obligated by law to cease sending the content upon receipt of that notification. CF ignores them because they believe (mistakenly in my view) that the law doesn’t apply to them.

And every time they are sued for facilitating piracy, instead of letting the case to proceed to trial, they settle out of court.

by iamzenitraM3 hours ago|

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Cloudflare famously ignores DMCA themselves for content they don't host, with their point of view that since they're a proxy and not a host they are not forced to comply, only pass the DMCA claim to the upstream.

https://www.cloudflare.com/trust-hub/abuse-approach/

Other than that, the legal situation on Spain is pretty dire for LaLiga. The Supreme Court already ruled in Spain that, as per the current writing of the law, football transmissions are _not_ works subject to copyright as they're not works of "art, literature and science": https://www.poderjudicial.es/cgpj/ca/Poder-Judicial/Tribunal...

So it's likely that, if LaLiga sued Cloudflare or they made them party on any actual litigation, Cloudflare would defend themselves and possibly win. Therefore... they just don't sue them, only sue ISPs that have an incentive to just comply to any LaLiga request (as.. legal compliance and collaboration is one of the requirements for being able to buy rights to LaLiga matches in Spain. Yeah, no kidding, you can look it up in their public documentation).

Well, I lie. In a legal twist, they ended up suing Cloudflare for "participation in criminal activities", but not through the same avenue they sued the ISPs on (penal vs commerce court), with some interesting twists as accusations of "facilitating services to avoid the execution of a court order" - which doesn't make a lot of sense, as they're not even direct parties to that court order and they were denied taking part on it. https://okdiario.com/economia/empresas/justicia-imputa-ceo-c...

by otterley3 hours ago|

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I’m aware of how they rationalize it, and it’s bullshit. They compare themselves to a router that passes through packets unmolested. But that argument is trivially refuted by the fact that their IPs are what their customers' DNS queries resolve to, and the fact that without being explicitly configured to do so, their proxies will not serve content on behalf of an origin. L3 routers simply copy packets between interfaces. A CDN is significantly more complicated than that.