If this is true, shouldn't TPB take down all items on their website which is already available digitally? Everything available currently on Amazon, iTunes, Hulu, Spotify, Rhapsody, Netflix, et al should be removed then correct? It is availably digitally. I think your statement of 'how and when they want it' actually means they want it immediately and want it for $0 or as close to $0 as possible.
A lot of that isn't available internationally, due to market segmentation by the movie/music cartels. I have no idea how much of the world TPB serves as compared to US only markets, but I suspect it's pretty ubiquitous anywhere there's broadband - whereas legit access to that media is not.
The sad thing is "already available digitally" is a thing that comes and go. Take e.g the iTunes Store or Zune, which I use routinely, have items disappear and then reappear a week, or a month later, or never. It's absolutely ridiculous.
(I notice it because I add things to my wishlist and they sit there, and when I want to rent or buy it it's not there anymore, and then, a month down, maybe it's back, maybe not).
If he ran it, maybe he would do that. TPB might have a different take on the issue.
As for pragmatic concerns, maybe they're considered less liable for the content they host, since they don't monitor the content to remove "accessible" content?
Also - something might be digitally available in the US, but not in other countries.
