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Amazon got away with it and they have an editorial process for the Kindle store. Youtube takes down offensive videos and has a human appeals process.


The human appeals process wouldn't really factor into it. It's more about the distinction between "auto-posting anything submitted" and "high-touch pre-posting decision making process prior to posting" that distinguishes "safe harbours" from sites that bear responsibility for what they host.

I'd need to read the Amazon decision for more insight into how that played out. Seems like a somewhat unsettled area of DMCA caselaw.




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