The DMCA absolutely applies. If you follow it, which includes no induction or willfull infrigment, you never rise out of civil liability to criminal. The FBI gets involved once you're past that.
>>naderm+(OP)
This is not true. The DMCA’s “safe harbor” provisions do not provide any sort of bulwark against criminal prosecution. Only against civil liability and injunctive relief.
>>otterl+Es
If you follow the DMCA (e.g., honor takedown notices, register an agent if you’re a platform, and act quickly when notified), your exposure to criminal liability is essentially zero.