“The German implementation includes a number of provisions that are specifically designed to reduce the risk of so-called overblocking: The unjustified blocking or removal of uploads subsequent to rightholder requests to prevent the availability of their works in accordance with Article 17(4) of the directive. These provisions include the requirement not to block “presumably legitimate” uploads and the requirement to keep disputed uploads available until the dispute is resolved.
In addition the German implementation law contains a specific provision aimed at preventing the unjustified blocking of works that are in the Public Domain or that have been licensed under open licenses….
To comply with this provision, OCSSPs operating in Germany will need to maintain an internal repository of works for which they have (1) received a blocking request and where (2) such blocking request has turned out to be abusive because the works are either in the Public Domain or where the use of the work is authorised under the terms of an open license….
Over time such repositories can be expected to grow and will likely start to contain a substantial number of entries relating to a wide variety of openly licensed and public domain works. This will result in the repositories obtaining value beyond the relatively narrow use case of preventing overblocking of openly licensed and PD works by OCSSPs: They will become repositories of freely reusable works that can help to unlock the societal value of these works…”