In a previous Liberty / CF case, versus Hotfile, it eventually came out that Hotfile had direct communications with posters - giving them advice on boards to post to, popular files, and things along those lines. That would take away any DMCA protections because the host / site is no longer just a host.
These guys are running Forumophielia, RedBitch, PornBB and others. I think that might play into the case when the time comes.
Its up to the lawyers now.
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