The argument that you’re making is extremely flawed.

It is similar to: car manufactures can’t guarantee that their cars won’t kill people therefore their products are flawed and shouldn’t be sold. In this case, the user is held liable for ensuring that it is safely operated.

By your logic, we would stop building roads or ask car manufactures to stop selling cars because people cause accidents that kill other people.

The condition “service providers must moderate content and adjudicate disputes” is what’s flawed.