You're twisting words El Reg...
From this article: "Referring to the "safe harbor" provision of the Digital Millennium Copyright Act (DMCA) – which means internet companies are liable for what their users post online using their services so long as they respond to takedown requests from copyright holders".
That looked really out of place to me. So if you check the referred article you read something different (as I suspected): "In the first – Mavrix Photographs v LiveJournal – a fundamental piece of online liability is at stake, namely: should online publishers be held liable for copyrighted material on a moderated site?".
If you want a solid argument then at least present the correct facts to us.