Let's try again with slightly different emphasis: The DMCA requires service providers with actual knowledge of their hosting of infringing material to act "expedititously" to remove or disable /access/ to the material.
The link to it constitutes access. Moreover, it's the link and not the data that determines infringement. The artist can upload the same data as an infringer, and the two pieces of data will be deduplicated to the same file. The difference between infringing and not is the link used to get to the blocks on disk.
Hm. Interesting. How about when MegaUpload employees themselves upload DVD rips of major motion pictures? Maybe they're friends of Luc Besson, who wanted _Taken_ on MegaUpload! I'm sure they'll manage to straighten all of this out in court.
I'm not how that is relevant to the discussion we were having. To remind you, we were discussing whether removing links is sufficient for DMCA compliance.
"Actual knowledge". The DMCA does not say that it's fine to have copyright-infringing material on your site as long as you take it down when notified by rightsholders.
The link to it constitutes access. Moreover, it's the link and not the data that determines infringement. The artist can upload the same data as an infringer, and the two pieces of data will be deduplicated to the same file. The difference between infringing and not is the link used to get to the blocks on disk.