My understanding is that the filtering policy isn’t supposed to make storage node operators not liable, it’s supposed to make boundary node operators autonomous in their response to DMCAs, that is they can decide to comply or to ignore and that’s their own choice. Note that the Nintendo takedown notice was sent to a boundary node operator (here), not to a storage node.
The idea is to then use to be discussed technical solutions (node shuffling, secure enclaves, etc…) to make other types of nodes not liable.
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