this post was submitted on 09 Oct 2024
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The likelihood of being sued is the issue. The DMCA has tons of case law behind it making it a powerful tool for the media companies. Not so much for NCII. Also, individuals usually don't have legal teams.
So as with much fuckery in the modern world, we can use the rules as well as they can. If someone's image is shared as NCII, they only need flag it as a DMCA violation. Problem being, who is going to know that trick?