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Something I would like to correct here, there is no loophole in the DMCA.
The DMCA itself is a loophole.
Of course the alternative is probably worse. That would be that you could sue someone for damages if they violated your copyrights, and there would be no safe harbor to hide behind.
BUT, your stuff wouldn't be taken down until a judge ordered it, and that would take at least 6 months, and if the pirate had half competent counsel, more like 18 months....at which point you'd be suing out of principle because your "new release" is now in the bargain bin.....also if it was found that the defendant had a fair use right, you'd have to remunerate them for attorney fees and costs etc.
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