> No judge will put up a fine for that.
You're contradicting yourself...you have to go to court to get charges dropped by a judge.
This could happen 100x (or even thousands) for any mid-sized content platform. Most of these things are automated these days.
Besides there's no guarantee the parties will automatically act rationally and drop the claims of infringement before threatening court, merely because you claim you were sleeping. And you specifically said a judge won't pursue it, but even that is a maybe.
As mentioned multiple times, if they did this the judge would simply deny the entire fine and suit and they'd have to pay you damages and they'd likely receive a cease&desist order from the court.
You must inform parties of violations and allow for adequate time to react to them. Sending an email is already a nono for legal notices as there is no guarantee that the other party even received the mail properly.
The only way to properly and legally verifiably send them is to have a write-in mail which the receiver must sign with their signature before receiving. For everything else you might as well send money in an envelope ahead of time.
This is not a mere fact this is established procedure.
>Besides there's no guarantee the parties will automatically act rationally and drop the claims of infringement before threatening court, merely because you claim you were sleeping.
That's not what I've been saying, I've been saying that the infringement still needs to be dealt with but you can obviously not react when you are asleep.
If you take it to court and the court finds the complaint invalid then they can (and usually do) force the party that sent the C&D to pay your expenses and damages (ie, lost business due to you having to turn up to court) and usually a restraining order with hefty fines on it.
Atleast in germany it is expected that disputes are resolved via C&D and letter correspondence, court is a last resort.
To my knowledge, the court system in other countries varies but is not that different...
