Comment by otterley
17 hours ago
I know this is an unpopular opinion among freedom maximalists, but:
It’s precisely because CloudFlare isn’t responding like other CDNs to reasonable demands to cut off pirate origin sites that this mess exists. If they reacted quickly to remove configurations that are obviously facilitating copyright infringement, Spain wouldn’t resort to full scale ASN blocking.
How do we know it’s CloudFlare? Because other CDNs like CloudFront, Akamai, Fastly, etc. respond to takedown demands and aren’t being blocked. (Those also cost money and require customer identification.)
In an escalating war between the state and a corporation, the state will always prevail if they have the public’s backing. In Spain it’s clear that most people are happy to watch the match through legitimate channels even at the cost of blocking CloudFlare.
> It’s precisely because CloudFlare isn’t responding like other CDNs to reasonable demands to cut off pirate origin sites that this mess exists. If they reacted quickly to remove configurations that are obviously facilitating copyright infringement, Spain wouldn’t resort to full scale ASN blocking.
Apropos of anything else, CF is (reasonably) requiring a court order to remove offending material rather than just "well, company said so, so eh, just do as they say". La Liga complains that "oh, that's too slow for what we want" and just got a blanket ruling.
I am not a fan of CF but your argument seems to be "CF should just roll over any time someone says "hey, delete this", because, obviously, everyone knows it's problematic, right? Right?".
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.
Nobody cares about the DMCA guardrails and they are never meaningfully enforced. Case in point, Anthropic DMCAing thousands of repositories that simply mentioned the word "claude".
> 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.
You'd think so, but no.
DMCA came into effect 28 years ago. All those decades, all those billions of takedowns, and you don't even need the fingers of one hand to count those who've been hit with perjury for a false takedown request, because the number is ... zero.
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