Google was a cheap shot, but to be honest, fair use is always debatable. I was more interested in the concept of secondary/proxy linking. What if the accused had linked via a bit.ly proxy for example? What if a search engine links to a bittorrent site, that then in turn linked to copyrighted content? E.g.
https://www.google.com/#hl=en&q=http%3A%2F%2Fthepirateba...
Just to play devil's advocate here (and out of general interest), but why should he follow DMCA? Isn't that a United States copyright law? Where's the jurisdiction here?