Comment by pxc
9 hours ago
Cloudflare has not in fact refused to comply with any court orders! The very thing at issue is that LaLiga wants Cloudflare to do censorship on their behalf that Cloudflare, who has no contractual relationship with LaLiga, is not required to do by any legal framework in Spain or the US.
Cloudflare literally wasn't even a party to the ruling by which LaLiga has been compelling Spanish ISPs to do the IP-level blocking. They're just an affected third-party because the blocking scheme the courts have allowed LaLiga to impose on ISPs is on a per-IP basis.
Spain hasn't asked Cloudflare to do anything. Only LaLiga has acted like Cloudflare owes them a huge, expensive rework of their CDN's architecture for the purpose of censoring things for LaLiga purely as a favor to LaLiga. What LaLiga has over Cloudflare isn't a court order. It's a protection racket, or maybe a hostage situation, where court orders involving other parties are the gun held to the hostage's head.
> Cloudflare has not in fact refused to comply with any court orders!
Nor did I say they did.
The question was asked, "why would they [without an explicit order]" The answer is they probably shouldn't, but there's still an obvious incentive here.
I'm not sure why it shouldn't be cloudflare job to make sure they don't host illegal content. If my super market keeps distributing illegal goods, even if they remove it after a court order, they will end up having to close the whole market.
Either they should police the content they serve themselves or they accept the right holders to do it (which sucks for everyone).
Also they certainly willing take all their customers as hostage, as they could certainly split their network into legitimate customers and shaddy ones so the blocking is not so impactful, but I guess they prefer to make it as impactful as possible to be able to complain.