Amazon stole No Starch Press' books, wholesale. They printed fraudulent copies for profit and shipped them from their production facility to unwitting customers. But Amazon likely will face no punishment for this, nor will they have to give up their profits in literally producing and distributing counterfeit goods, because they didn't upload the PDF file, and can blame someone else on the Internet.
Safe harbor protects way more than "intermediaries". It protects businesses which are built around criminal activity. A better example than a "phone company", would be a company which produces encrypted communications hardware specifically geared for and marketed to drug dealers.
Amazon stole No Starch Press' books, wholesale. They printed fraudulent copies for profit and shipped them from their production facility to unwitting customers. But Amazon likely will face no punishment for this, nor will they have to give up their profits in literally producing and distributing counterfeit goods, because they didn't upload the PDF file, and can blame someone else on the Internet.
Safe harbor protects way more than "intermediaries". It protects businesses which are built around criminal activity. A better example than a "phone company", would be a company which produces encrypted communications hardware specifically geared for and marketed to drug dealers.