outland88 - 5:03 pm on Jun 19, 2012 (gmt 0)
Probably their is a pattern that MS has observed or type of site engaged in these activities. The offenders probably don't appeal because they know what they're doing. With the amount of data being collected by all and especially Google DMCA's it's probably obvious. From a legal standpoint I would bar prior to entry based upon submission is no guarantee of acceptance. This sends a message don't waste your time stealing and trying to gain entry with possibly hundreds of pages. Google could argue 1st amendment freedoms but most judges would view that rather dimly if Google was profiting in some manner with the stolen content as they do until banishment.
To clarify though I wouldn't look at this as a specific way to get out of a Penguin penalty with the vast majority.