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If you read it more carefully, it says "designed to avoid catching" not "must not catch".



The conditions under-which something is fair-use are not features of the content. So there is nothing a system can do.


Because you need to catch infringing works, while only "avoiding" to catch non-infringing works, the result of that phrasing means those filters will have a high false-positive rate. Like content ID strikes on white noise...




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