I believe we are reffering to two different, but related things.

As i understand your comment, you are reffering to "the platform is responsible for what the users upload to it", or rather whether they are responsible and i am reffering to "(eg.) Torrent sites don't host copyrighted content, they only link to it".

My knowledge about the latter is from many years ago, so i might be wholly or partly wrong.

The former i think is a really interesting balancing act, since i believe that huge platforms that earns billions on hosting user content should be forced to use some of that profit to remove dangerous content, but if that obligation was put on small platforms like Lemmy instances or even the initial Twitter or Facebook, right when they lanched, they would be never be able to get up and running, which would cement the current Big Tech monopolies.

I am not very knowledgable about this specific topic, but i believe the European Unions attempts at solving this is distinguishing between the giants and everybody else, which again, is a great balancing act.

Base64 encoding is not a legal loophole, it's a method to avoid automated content filters on platforms like Reddit and Discord. Encoding a link in base64 offers no legal protections.

Thank you for correcting me. It makes a lot more sense that you can't just encode something to make it legal.