The DMCA provisions formalize a host or ISPs status similar a holder in due course's liability limitation.

However, if that host can be shown to be a knowing financial beneficiary of his client's criminal acts, a tough row to hoe as it would require a conspiracy be proven by the Prosecution, that host becomes a accessory to his client's criminal act if proven. Normally, this would be a real longshot to prove in court but as the indictment is under the RICO statute, and specific wording is toward conspirators;

Quote:

18 USC § 1962 (d) It shall be unlawful for any person to conspire to violate any of the provisions of subsection (a), (b), or (c) of this section.

I would think the Prosecutor would try to drag every potentially liable party into the case possible.

The servers were sized with a warrant as evidence in a criminal offense they are not forfeit at this point.

The loss of the servers are the least of the problems here -- we are talking conspiracy to a RICO action ...