To make an omelette you need to break a few eggs. The Pirate Bay and PiratbyŚn (Pro piracy thinktank) has redefined the whole worlds view on piracy, sharing etc. I don't think anyone missed the fact that TPB promoted piracy just as much as RIAA is still claiming that home taping killed the record industry. You could always go for the lame argument that they were wrong based on the legislation but the same can be said about book printing, the weaving machine and many other technology disruptors through history.
As for DMCA; the last time I checked TPB is claimed to have been run by Swedes in Sweden, the court(s) that convicted them were Swedish. That pretty much clarifies the lack of need to care about DMCA.
Furthermore a number of Swedish law professors argue that as a middle man you can not be convicted for accessory to copyright infringement, especially since noone in Sweden has been convicted for copyright infringement through TPB to begin with. But Oh, I forgot, since when did MPAA & RIAA care about legislation
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