That's the only thing for me.. the charge itself is dodgy. I really don't feel sorry for the guy at all.
People saying that gun makers should be charged with conspiracy to murder are missing the point... murder charges come with much higher legal 'tests' attached to them, and with good reason! Those saying map makers should be charged with conspiracy to rob are also missing the point... maps are overwhelmingly used for law-abiding purposes, and the same cannot have been said for STC (quite apart from the fact that nearly all burglaries are opportunistic, amd not pre-planned).
This is a weird one, because he wasn't actually hosting illegal content (charges were dropped), so wasn't technically infringing copyright... but it's unarguable fact that his site was being used by hundreds of thousands of people to access illegal material, and he knew it. Not only that but he made a lot of cash for himself on the side (hence the "fraud" part of the charge). I studied law at university and annoyingly never came across anything about Conspiracy to Defraud, but it seems as flimsy as the Scottish "Breach of the Peace" charge, which kind of covers "doing something indeterminate, but bad, in a public setting".
I feel sorry for him in a legal sense, but not really in a moral sense because he must have known what he was getting himself into. Anybody claiming that innovation will be stifled by this ruling is, frankly, desperate for arguments against the conviction & sentence (the simple legal technicality side of things should suffice IMO). If nothing else innovation will just accelerate to the point where it's beyond the reach of the authorites, as it always does, before they actually twig what's going on.
Fair point, there's no explicit allegation in the complaint. However I'd say it's not completely unreasonable to suppose that this artist's label owns the legal risk relating to his material... unless this video was done outwith his contract with said label. If that's the case then I'd imagine that he'll be in hot water with his employers as well as the French porn industry.