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Why should even one false positive be tolerated?

Because companies are largely still operated by humans, who make mistakes. There's a difference between "oops" and "let's systematically abuse this system for our benefit". Granted, I think there should still be a penalty for "oops" moments, just not as bad. The penalty should exponentially increase with the frequency of false positives.

In other words, it comes down to intent (i.e. the difference between manslaughter and murder).

As digital "piracy" does not, in fact, kill music executives, I think we should stay with analogies a little closer to civil law. There's honest mistakes, then there's neglect, and then there is fraud.

Then there's conspiracy to commit fraud (I guess that is what happens when your lobbyists can't get your scam passed as law, but you try to get your way anyway? ;-)

Exactly this. The first draft of that sentence included something about big fines on the very first offense. Then I realized it would be rather impractical and unfair. Sometimes you screw up.

This is about "screwing up" alot, to the point that it becomes malicious.

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