I would say no. The site makes three arguements, one that they do not host any material. I'm not sure what the laws are in France (where the site is hosted), but France is going so far as making agreements with ISPs to block service from people that download infringing material. The US has pretty much decided that whether the material is hosted or just linked to is irrelevant. The UK is trying to do the same thing. Heck, even Sweden is trying to get on that band wagon (and that is where the people that run thepiratebay are). It's not much of a stretch to see France calling linking to infringing material as contributory infringement. Two, they claim that they are like a search engine. Well, they're not. They target specific file types (images and music - most of which is infringing). A search engine is much broader in scope (this is why Google gets sued much more often for Google news and image search than they do for the normal search). Three, they claim that they cannot be held responsible for how users choose to use the system or what material they choose to use. Unfortunately for them, they make some of these themselved (or at least say the do). By creating infringing image/song combos themselves they probably could not make that argument in court.