This implies that you are going to have to go to court because you got an email at 1am and didn't reply right away...in order to fight off potentially serious fines. Whether it's accurate or not it's still very expensive to prove it's inaccuracy (in time alone, not including financially and stress).
This has very serious consequences for small and even medium businesses.
No it doesn't, it means that if you get dragged to court because you got the email at 1AM and you were asleep, then you're not guilty of anything.
No judge will put up a fine for that.
Getting dragged to court is disruptive, unsettling and expensive.
Most of EU has judges that are interested in a just resolution, not just being "an independent arbiter" of two researchers.
This all sounds quite lucrative for the lawyers and notaries. It remains disruptive, unsettling and expensive, not to mention unnecessary, for everyone else. Depending on which of the EU’s 28 member states’ courts one finds oneself dragged into, what you’re proposing could be years of distraction.
Dubious. The other lawyer will claim they believed you had read the complaint and therefore that they were acting in good faith, and will see no punishment at all.
> No judge will put up a fine for that.
You're contradicting yourself...you have to go to court to get charges dropped by a judge.
This could happen 100x (or even thousands) for any mid-sized content platform. Most of these things are automated these days.
Besides there's no guarantee the parties will automatically act rationally and drop the claims of infringement before threatening court, merely because you claim you were sleeping. And you specifically said a judge won't pursue it, but even that is a maybe.
