Sorry my friend, but there is no anti-porn global conspiracy, with key players, being controlled at the highest levels of the government, or the banking industry working toward the total destruction of the porn business.
While it sounds like a plot straight out of the X-Files, it's just about as insane as FEMA being the "secret government". Which New Orleans showed was no where close to being accurate. For those who believes such fodder in the first place that is.
What you have going on here is the same as a hosting company, url shortener, registrar, 10 minute email, or alike. They are providing a service. That service is being abused.
I am not saying that these File Lockers repeatedly being discussed are not set up for the sole purpose to do whatever one is claiming in regards to piracy, content theft, copyright, and so forth. But from the outside looking in, they provide a sort of cloud hosting solution for people wanting to host their files.
That being said, I believe that you need to have a checks and balances in this equation. Which is probably the stance of the processor. They get complaints, approach the merchant who claims Sgt Schultz and will deal with abusers as they come up, but claim 90% of not that sort of abuse, etc.. Or they give them a three strikes out before closing their account, whatever the case is.
In short, unless you can prove active knowledge, such as affiliate programs or alike where people are paid to steal shit and upload it, you basically would have some degree of safe harbor if you can prove you are Sgt Schultz in regards to what is going on. However, in the case of ORON or some of these others, they have had active affiliate programs rewarding people for this behavior.
Sadly, the laws as they stand is a slippery slope. You have to prove knowledge of the infringement. You have to prove their whole business model is made up on this premise. You have to prove they are ignoring DMCA complaints, and not removing shit or telling you to fuck yourself.
There are many different issues involved here from just a legal stand point. Which does not even get into all of the Paypal complexities in regards to digital goods, and porn.
In the DWB example.... you setting up a porn website is a digital product specifically set up for the peddling of porn. A file locker (in theory) is not set up for the hosting, and distribution of porn. It is a sort of cloud hosting product, and that is it's supposed intent. Which, I am sure, is the position they are taking legally.
Your only defense here is to have the RYC's or alike start a DB collecting all of the DMCA and other complaints stemming from the theft, how quickly they respond to DMCA if at all, and then you can go to the processor with a mountain of evidence and show that they are not following U.S. copyright laws.
As most, not all, processing, Paypal, registrars, and alike are here in the states. You can hit them that way when the mountain of evidence shows that they are all about theft, versus providing a legitimate service. In summary, it's going to take a whole lot more legally that a few pornographers crying fowl.
