small, medium, large, whatever, size won't matter if a legal snow ball occurs
if google and facebook get hit, you've got even less safety then them.
-scenario A
this passes, someone sues google, they win big, it's giant tech news. then, the crosshairs drift a level to the medium level, because if google is valid, then so is everyone else...
-scenario B
"itch.io is a small/medium platform" well even if thats true now, it wont be with growth. also, being a little guy doesn't give you license to be a piece of shit, it just means your a low ranking piece of shit
speaking of company size, an open point is that some shady companies may use financial fraud to hide their real size, to skirt under certain rules. for a small/medium company, you guys sure seem to stomp around like you're a big one
what you're doing is the content management equivalent, of saying you don't need to pay XYZ taxes, because you're only in a certain tax bracket, when you actually might not be