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It's interesting how the eCommerce Directive expects different degrees of engagement with potentially unlawful user-generated content from entities at different layers of the Internet's technical stack. (Art 12, 13, or 14)
As I read Art 12, access providers only have to "terminate or prevent an infringement" if *the provider itself* is ordered to do so by a court or administrative authority.
Art 13 caching providers can also be ordered to take action themselves. In addition, they must remove if they know *the initial source* of the info removed it, or was ordered to do so.
So effectively, they should respect court orders issued to third parties.
Art 14 hosts can't sit around waiting for courts or the initial source to decide if something's illegal. They must take action based on their own actual or constructive knowledge. (And, like Art 12 and 13 providers, can also be ordered to take action.)
It's a generally sensible gradation, with obligations to engage with content increasing as you get closer to the edge of the network. But the rise of infrastructural hosting providers like AWS make the specific access/caching/hosting distinction feel a little dated.
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