I don't think we're talking about the same thing. My question was whether or not, just as linking to a libelous post is not itself libel, linking to an infringing download would be similarly considered to not be infringement.
If the courts were consistent on this matter, then providing a magnet link to a torernt could arguably be seen as no different than providing a hyperlink to a libelous post. It is the poster/hoster, not the linker, who would be liable.
I think (IANAL) is that in libel publishing is the offence - so if you publish a copy of the libel you have committed the same offence - so "is a hyperlink publishing a copy?" is the question.
In a torrent the offence is something like "making available a copyright file for download" so the argument is that a torrent (which doesn't itself contain any of the copyright file) and a link to the torrent are equally "making available".
If the courts were consistent on this matter, then providing a magnet link to a torernt could arguably be seen as no different than providing a hyperlink to a libelous post. It is the poster/hoster, not the linker, who would be liable.