and that's what should require a strong burden of proof on the part of the copyright holder.
Not any more! That's kind of the point of these pushes to alter the way copyrights are enforced online: They want to shift the burden of proof from the copyright holder to the alleged infringer.
A machine that has actually failed in some way has proven that it is not "100x more reliable" than anything. It is broken. It is no longer a matter of probabilities.
No it hasn't. A machine that will perform a given task correctly 9999/10000 times is 100x more reliable than a human that will only perform that same task correctly 9900/10000 times. A rare combination of factors that make the machine fail don't make it absolutely broken, any more than the human is "broken and no longer a matter of probabilities" if they make a mistake sometimes.
Believing that machines can be "aware" is the failure here.
I'm not sure what metaphysical definition you're using for 'aware'. When a control system (biological or not) gathers information via a sensor and processes that information in a way that can affect the system's behaviour, then it's 'aware' of the thing that sensor measures.
As for the straw-man argument about the stroke victim, consider this alternate scenario: You've got a passenger in the back seat of your conventional, manual-controlled car and you're heading to the hospital. You have a seizure and lose vision in both eyes. You're "aware" that your video sensors have failed, and refuse to drive further. Would I, the passenger in the back seat, prefer to be perfectly safe with the car pulled over, or would I prefer that you kept going despite failed sensors (maybe with me shouting out "left a bit!" "right a bit!" to try and guide you)?
I wonder if population studies have been done, how does the ecosystem recover after the algae bloom?
I haven't checked either, but I'd guess that the water will gradually absorb oxygen from the air until it reaches a livable level, at which point the surrounding ocean ecosystem will recolonize it.
New York... when civilization falls apart, remember, we were way ahead of you. - David Letterman