I love it when the comments are at loggerheads with the sensationalist title
Hyperlinking is not infringement, full stop.
Whomever hosts content is responsible for any legal entanglements that might arise, and if it's hard to prosecute then too bad, so sad.
BTW there is gold in Fort Knox and money in banks. OMG infringement!
This secondary infringement concept is also pure fiction, you either host content or you don't. If you want to construct this silly argument where hyperlinking is infringement then I'll point out that the ISP is storing those illegal bits in its buffers and switches and thus they have possession of an illegal copy.
Biting the hand that feeds IT
