outland88 - 7:09 am on May 18, 2011 (gmt 0)
and if the other site owner does nothing, the host IS obligated to take it down themselves
Incorrect. The host is not required to take down anything and many don’t unless they are seeking “safe harbor”. Safe harbor allows the host to escape legal damages for collusion in the matter. It is wise to seek “safe harbor” because it’s not rational to risk a lawsuit for the small sum normally involved with hosting.
If you take a look at the Who-Is of who you’re talking about the mentioned server network is ultra-antsy about having hard copy for evidence. They do this to reduce their culpability in the matter in case you wrongfully accuse somebody or the offenders vanish. Host Gator appears to be using one of their old forms. Bottom line Host Gator is in full compliance with the law and you have no lawsuit against them. You have established nothing they are in violation of. If you listen carefully to yourself it sounds like you want to point the finger at somebody but want to camouflage or substantially reduce the risks in doing so. Basically you can’t really have one without the other in a legal process.