The problem is that they have a legitimate case. The sites in question are porn sites. Their business is showing porn to visitors (and making money from it the same way almost everyone else does). They have extensive collections of material, not just a random pile of stuff, but catalogued, curated, searchable content often with extended metadata. And it's all pirated. They've made a business from "broadcasting" (Streaming) pirated content. And their defence is essentially that they outsourced the procurement of the material to people whom they aren't paying. If it falls under safe heaven, then it's an obvious legal loophole that the rights holders will demand to be closed.