I am witnessing a large number of users continuing to use avatars that have been processed under the DMCA on a daily basis.
It is not a problem if, after a public avatar is processed due to a DMCA takedown, the user can temporarily continue using it. In such cases, the avatar typically becomes unusable when the user switches to another avatar or joins a different instance.
However, the bug in question allows users to continue using an avatar that has been archived—even after switching instances or re-logging into the platform. It seems that as long as the user does not switch to another avatar, the archived avatar remains fully usable indefinitely.
There is also a similar bug where users can continue using a public avatar even after it has been made private. This appears to be the exact same underlying issue. Despite being a long-standing bug, it has yet to be addressed.
This suggests that when content is archived due to a DMCA takedown, the system may be handling it in a manner similar to when an avatar is set to private. I believe this processing behavior needs to be fundamentally changed.
Risk of violating 17 U.S.C. § 512(c)(1)(C):
This is a technical bug, so normally no legal liability will arise.
If measures are not taken intentionally, legal action may be taken.