[germanier]

And this case is exactly to provide a framework for lower courts to decide intent. In fact, it was a court that asked this question to the CJEU to be able to judge a specific case. It's much better to have clear rules what is allowed and what isn't than operating in a grey area and being dependent on courts deciding in your favor without being able to asses the risk beforehand.

> Profiting off illegal content is already illegal by itself

That is not so easy and depends on your definition of "profiting".