>The Pirate Bay doesn't infringe per the letter of the law
This is your opinion. So far I haven't seen any US precedent for this, and it's by no means obvious that it's not infringing.
This is your opinion. So far I haven't seen any US precedent for this, and it's by no means obvious that it's not infringing.
^ Am I obviously infringing as well?
Your comment I would classify as obviously non infringing. Two obvious differences (not the only two): you haven't linked to anything, and you aren't being paid any money for your comment.
Did you know TPB founders have gone to prison for copyright infringement? I think the judge did not feel their actions were "obviously not infringing".
If that's not linking, then the pirate bay doesn't link either. They supply a description and a SHA1. You have to locate the content yourself. You have to locate the people that have the content yourself.
What if TPB didn't have ads?
Then it's more complicated, and depends on other distinctions I alluded to above.