I don't think we're talking about the same thing. My question was whether or not, just as linking to a libelous post is not itself libel, linking to an infringing download would be similarly considered to not be infringement.

If the courts were consistent on this matter, then providing a magnet link to a torernt could arguably be seen as no different than providing a hyperlink to a libelous post. It is the poster/hoster, not the linker, who would be liable.