zlacker

> But if you follow the DMCA and qualify for safe harbor

Yes, it is only possible to qualify for the safe harbor, if you haven’t committed criminal infringement.

But, as criminal infringement is not part of the DMCA, following the DMCA has no probative value against accusations of criminal infringement. Criminal infringement means you aren’t qualified for DMCA safe harbor regardless of whether you follow the DMCA, but following the DMCA doesn’t mean you aren’t guilty of criminal infringement.

> Or to give you another example in backpage the founders where aquitted since the judge could not trace that the money came from a "criminal source"

Backpage has no relevance to criminal copyright infringement. About the only connection between this case and that is that Backpage was also a nexus for a lot of misinformation about a (completely different, Section 230 rather than DMCA) safe harbor provision.

>>dragon+(OP)
Backpage is on point as well as the overall point is the same, you cant be liable for crimes related to the inital crime if its not actually a crime. Ie if the gains are not ilgotten, you can't be tried for laundering them.

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.