On Thu, 3 May 2007, Gregory Maxwell wrote:
It sound like you're saying the foundation should always "wait for the takedown" even if it knows for sure that material is illegal. Bad advice. Actual knowledge of infringement removes the safe harbor for copyright infringement under OCILLA. What actually constitutes actual knowledge may be debatable... but that doesn't appear to be accounted for in your suggestion.
This isn't a normal DMCA takedown situation. A DMCA takedown happens when the owner claims that the material is copyright. Removing it is subject to a safe harbor. The claim here is that the material here is illegal because of a different DMCA provision, not that it's copyrighted. I don't believe the safe harbor applies at all.