dgraves

That's the part that gets me. they have to claim no knowledge to be protected under Safe Harbor.

Safe Harbor Requirements
The DMCA, however, does not grant blanket protection from copyright infringement liability. The service provider may not take advantage of the DMCA's safe harbor provision if:

1) The service provider has actual knowledge that the material or an activity using the material on the system or network is infringing;

2) The service provider is aware of facts or circumstances from which infringing activity is apparent; or

3) The service provider does not expeditiously remove or disable access to the material upon obtaining such knowledge or awareness of the infringing material.

In addition, if the service provider has the right and ability to control the infringing activity and if the service provider receives a financial benefit directly attributable to the infringing activity, the service provider will not be protected by Section 512 of the Digital Millennium Copyright Act. If the service provider satisfies the above requirements of the DMCA and receives a proper notice of infringing material, the service provider must expeditiously remove or disable access to the material that is claimed to be infringing or to be the subject of infringing activity.

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