Safe harbor is only granted conditionally, contingent on, among other things, the organization having "an effective policy" [1] and that they "act expeditiously

Safe harbor is only granted conditionally, contingent on, among other things, the organization having "an effective policy" [1] and that they "act expeditiously to remove the purported infringing material" [2]. Liability also requires "actual and constructive knowledge of specific and identifiable infringements of individual items" [3] which a proper DMCA notice provides. So in this case, where they are said to have been properly informed, and either lacked an effective policy and/or failed to respond expeditiously they wouldn't be protected by safe harbor. Organizations need to be liable at some point or else you could just register a DMCA agent, and run a pirate site with impunity while failing to act on notices. [1] http://www.pillsburylaw.com/index.cfm?pageid=34&itemid=39708 http://www.pillsburylaw.com/index.cfm?pageid=34&itemid=3... [2] http://en.wikipedia.org/wiki/Online_Copyright_Infringement_Liability_Limitation_Act#Safe_Harbor_Provision_for_Online_Storage_-_.C2.A7_512.28c.29 http://en.wikipedia.org/wiki/Online_Copyright_Infringement_L... [3] http://msl1.mit.edu/furdlog/?p=8165 http://msl1.mit.edu/furdlog/?p=8165