Again, I don't know to what you are referring, so I can't comment, but what I can tell you is that notice and takedown or a standard that prevents you from having a safe harbour if you have actual constructive knowledge is used to deal with hosted content. A graduated response and a notice program is to deal with getting people to change their behaviour who are operating in a BitTorrent--
On February 17th, 2011. See this statement in context.