Can. Worms. Open.
with Cartier's barrister, Adrian Speck QC, claiming that ISPs were "profiting" from rights-infringing content and therefore ought to divert those "profits" into the costs of court order compliance.
That's quite a leap in law. By the way it's not massively differentiated from how you end up with the EU taxing links. Problem is it opens up a can of worms.
By this legal logic carriers profit from DDoS attacks and should be liable for damages incurred. By this logic funeral services providers profit from car accidents and should pay costs for them. Just because somebody profits from an event, legal or otherwise, doesn't make them liable. Then again I've always said that carriers should be forced to require all their customers to deploy something that produces the same effect as BCP-38. Oh hey, there's an ambulance for you to chase lawyers of this world.
Like I said it's a leap, a deeply illogical one.