Nautilus, I don't think anyone can claim "safe harbor protection" (which is a U.S. thingy btw), if it is quite obvious that assistance, or even conspiracy, is taking place. The piratebay case has already proven that, and when that case is finally closed, I think there will pop up tons of other cases. No matter how much legal mumbo jumbo is written and arguments are made, you can't satisfy both pirates vs. copyright holders, and at the same time have own commercial interest from it vs. protection against spammers, because the bigger it gets, the more conflicts arise. For instance, if they eventually "thought" it was commercial upload, why not remove it when the term of use is "
solely for personal, noncommercial purposes"
