Explicit consent is an absolute must. The "machine readable opt-out" in EU law was placed there by the Pirate Party knowing full well that the vast majority of rightsholders would never be able to exercise that right as they do not control the platform the works get hosted on.
Comments
https://www.youtube.com/watch?v=FniuCg3NvHg
Catch up on our thread: https://bsky.app/profile/wearethemu.bsky.social/post/3lcuv6yjt4k25