If you are a landlord and the person renting your house turns it into an illegal grow op, are you held responsible? Shit on the internet is 100x more difficult to monitor.

If a host is found to be hoarding or favoring illegal sites then that's something that should be judge in court. I don't believe there is a fine line anywhere.

Well sir...
In those situations that is exactly what happens.

You ever heard of the search and seizure laws? Its not uncommon for a home to be taken from a home owner when tenants have a grow operation or what not in a home. If the homeowners are aware of it they are accomplices.

So in this sitation a hosts choice to ignore C&D's makes it pretty clear they are aware and thus accomplices.

From a theoretical situation it should be a easy jump. However, ISPs have lots of money, lots of lawyers and clout. Any judge is going to be cautious in regards to allowing a major US corporation be joined to this type of lawsuit. We have some judges in the bit torrent cases that are not even allowing certain attorneys the ability to seek the identities of the downloaders. They are throwing out the cases even before they start by blocking discovery. Which, in my opinion, is a ridiculous decision.

We have a great judge in our case. He immediately granted our motion for expedited discovery and even granted a 90 day extension to join parties to the lawsuit.

There is no real case law being developed in these matters and it will take a client and a lawyer willing to do so to get to that point. And its going to take the right judge. And moreso, it will require the right legal argument with the right set of facts.

As a lawyer and/or a client you never want to make bad case law. For some of us involved this isnt a money issue, for some of us this is the future of the industry and how the public uses the internet to download and access free content - even in regards to tube sites.

The problem is too many people that never spent a dollar for production fall under the adult label. Then you have the desperate that actually believe the guy on the p2p could become a customer and you dont want to upset him. its all too sad and funny at the same time.

the split is simple. people who make money off the piracy support the pirates. those who actually produce content dont. you may as well ask a tube site owner what the perfect length of a free video is. that would be funny.