The post office also has a large division devoted entirely to investigating crimes that take place within the mail.LateWhiteRabbit wrote: The Post Office is the best analogy I can think of. Letters and packages can be sent by anyone without proof of their identity. While the Post Office has legitimate uses, it is also used by criminals to transport and move illegal contraband across state lines. Unless something is overtly suspicious about the package or letter, however, it is impossible to distinguish between mail that is illegal and mail that is legal. Indeed, illegal pornography used to be distributed this way, and drugs still are. The Post Office cannot open and screen every letter and package, but their business enables criminals to conduct theirs. Does that make the Post Office "criminal operators" with the "malicious intent" to distribute illegal items (to use the RIAA's words for Megaupload)?
I don't know much about how their job works, mind you. But they do employ a lot of people who are trying to deal with criminal use of the mail. They don't just sit back and shrug.
Again - I don't expect any site provider to shut down all piracy, that's impossible, and requiring it would be both insane and evil. But if one actively desires to be less helpful to pirates, it's not that difficult to be more proactive. Have someone whose job it is to look for these things spend the thirty seconds necessary to turn up thousands of inappropriate links and kill them.
I'm not sure that should make a legal difference in this case because I don't think they were legally required to BE proactive.