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Neither requires proof--just evidence. Penalties are levied based on accusations, and the accused has to pay to prove themselves innocent. The fewer resources the accused has, the more likely they are to have to just take the penalties. Inability to file the appropriate papers on time and pay to challenge an accusation is not the same as admission of built.
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Er, that's how the law works. Someone files a claim or makes a charge, and the defendant gets a chance to oppose it. The defendant gets a right to due process,not freedom from having to defend themselves. TPB COULD have defended themselves: but they don't because they have NO DEFENSE.(iIt's not because they don't have money either; they get big income from ads).
Harry T dealt with one of the suggested defenses: the others are equally weak.
In effect, TPB and other sites flourish because they are beyond the reach of courts and LE agencies. Once the law changes so as to bring them under the rule of law, they will inevitably fail because they engage in activity that's clearly illegal.