First encouraging the copyright infringement, then profiting from it, does not speak in Gawker's favour. In my (European) country a kid was convicted and fined

First encouraging the copyright infringement, then profiting from it, does not speak in Gawker's favour. In my (European) country a kid was convicted and fined for copyright infringement for maintaining a list of links to pirated movies. It all depends on details and interpretations, and the analogy and logic you provide may not apply in a court of law.