Haha, well damn, isn't this just the problem with law. You try to speak figuratively to communicate the gist of an idea abstractly (given the forum), and then

Haha, well damn, isn't this just the problem with law. You try to speak figuratively to communicate the gist of an idea abstractly (given the forum), and then someone comes along to explain how your figurative speech isn't literally correct. Ah well, like I said we disagree on the risk. In which I mean the cost of doing business, not the danger of losing a lawsuit. I think you've missed my point, and are conflating 'legal certainty' and 'winning argument'. Also you avoided addressed why a service would act against their own users in such a way, even if the perceived risk is small. (By the way I would argue many if not most, DMCA related litigation in which ISPs have lost shows that failure to comply strictly with all aspects of the DMCA was the ISPs downfall, please forgive me for not including citations ;) Nevertheless, you have excellent points as to why we need to replace the DMCA, and why there may be a perception that there is less risk in ignoring a restoration demand then complying with it.