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by aperture 5221 days ago
Respectfully, I believe you are wrong that the "golly gee shucks, I just didn't know" defense will be applied here. Under that statute, you see subsection a (parts i, ii, and iii). However, it goes on to explain in subsection b:

  (B) does not receive a financial benefit directly attributable to the infringing activity, in a case in which the service provider has the right and ability to control such activity; and 
  (C) upon notification of claimed infringement as described in paragraph (3), responds expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity. 
Under this, the only debate is section B, which is that this individual profited explicitly off of copyright material. He can argue he profited off of the service, and it was not being serviced for the use of explicitly copyrighting material.

As for section C, obviously in the article he not only took measures himself to try to stop copyright material once reported, but he even ALLOWED companys to do it themselves.

The jury can find this more than reasonable. And it can be argued from a legal point of view, moral or immoral. The defense is based on the statues protection, not the kindness of the courts.