After almost two decades of litigation, you’d think the contours of the Digital Millennium Copyright Act (DMCA) safe harbors would be settled. But the cases just keep coming, and while the overall trend is pretty favorable, the latest ruling takes an unfortunate turn (PDF).

The case involves LiveJournal, a social media platform that allows users to create “communities” based on a common theme or subject. The communities are partly managed by moderators, who review posts (including photos) that users submit to make sure they follow the rules for posting and commenting created by the community. A community focused on celebrity news, called “Oh No They Didn’t” (ONTD), became particularly popular, garnering millions of views every month.

The “notice-and-takedown” process for addressing online copyright infringement isn’t perfect: it’s often abused to remove lawful speech from the Internet. But it many cases this process, described in Section 512 of the Digital Millennium Copyright Act (DMCA), works pretty well—particularly because of the safe harbors that protect Internet services that comply with the law. That’s why it’s so frustrating that major media and entertainment companies are still pushing the Copyright Office to recommend throwing away the safe harbors and instead order Internet platforms to filter users’ communications.