for legal certainty: "personal conduct that encourages or assists the infringement". However there is no evidence that conduct by myVidster increases the amount of infringement (for example by myVidster users further copying those videos they view by means of myVidster). Alleged financial loss of Flava (if proven) is not evidence of contributory infringement by myVidster. Similarly, non-compliance with Digital Millennium Copyright Act (DMCA) safe harbor and takedown processes is not evidence of wrongdoing: - "a noninfringer doesn't need safe harbor". There are practical and social objections to "stretching the concept of contributory infringement far enough to make a social bookmarking service a policeman of copyright law". Legislative mention of "referring or linking users to an online location containing infringing material" (DMCA) is not by itself evidence of infringement; overwhelmingly the vast majority of hyperlinks on the internet will by design navigate to (and if followed by a user will display) content which is copyright and therefore capable of being infringed by a user (and constitutes infringement or infringing material if inappropriately accessed), including web page background images, background images or sounds, or other third party creations. The more plausible interpretation of the clause is a desire to make safe harbor as wide as possible, and not to make the scope of infringement as wide as possible. Knowing that some of the many links on its site are infringing, does not cause myVidster to be a contributory infringer; any infringement is unencouraged and the link, or any social benefit as a theory of liability is very tenuous. Flava was only able to locate 300 bookmarks (of 1.2 million on the site) which it claimed linked to its material. Of these it is unknown what viewing took place, and myVidster was certainly not the sole route of awareness of the links. Flava claimed a large amount of lost revenue but there is no evidence of the time this took place, or its cause (including means of "lost sales"), and there is no clear evidence of myVidster having been responsible for any specific amount of this, short of complete speculation: - "myVidster may have very little - even nothing - to do with Flavas financial troubles". Further, Flava "[had not shown] that myVidster's service really does contribute significantly to infringement of Flava's copyright". A joint brief by Google and Facebook analyzed myVidster as being at best a tertiary infringer, if even that, a