Yes, but you're not answering my Qns in that post directly, how do we know it'll stand up in a court, it's not like it could be easily proven that HiFo's the one doing the illegal hosting.
And even if it could (I'd like to hear exactly how), what's the likely outcome of bringing HiFo members to justice given that many (all?) don't live in the US, sure the registered entity could be shutdown -maybe.
Once we know that it def. will stand up, & that the registered entity could be easily shutdown as-a-result, then perhaps we can start looking at getting the whole thing set-up outside the US?

And then there's the massive likelihood that no one will really give a flap that we're hosting that stuff illegally, so long as HiFo/Council isn't commercially gaining from that (3rd-party) hosting?
Perhaps the host could even add an extra layer to the site, where-by downloaders agree to not use any of the proprietary bits for commercial gain, not that anyone is going to in reality!