"Not hosted here", "remote", "not our uploads", "not direct link" etc, is not an excuse according to a dutch court decision. If the index is organized, like categories, submissions and with instructions where and how to find files, the operators must also ensure it's not unauthorized before it's published. Otherwise they commit the copyright infringement too.
The decision was made in a case between BREIN and newsgroup indexer FTD, a community with half a million users.
http://www.anti-piracy.nl/nieuws/ber...sberichtid=214 (dutch)
Earlier, a related english court decision also ruled the hoster Newzbin is responsible when "making it available". If those two decisions combined will spread to other jurisdictions (most likely), other operators of organized index methods like torrents, tubes, forums, will face heavy administration to ensure the files are not unauthorized.