@Chip Bennett - Have you ever tried to get a malicious site taken down? Even for Global National Bank, whom I work for, we had someone make a site with a name similar to ours (gnb-online.com for example) that phished our partners' passwords AND ACCOUNT NUMBERS.

It took us months to get that sorted out, even though they were using images etc all cleverly scoped from our site, and clearly malicious. And we have a team of lawyers. I was a young pimply faced youth and not the BOFH I am today when this happened, but I remember clearly sitting in on meetings and being astounded at the level of 'proof' some webhosts demand.

This is one of those things that really should be easier, but for reasons I can understand, is a mother fu**ing pain in the a**

I'm not defending this. Matt (and the WordPress Foundation more specifically) dropped the ball on this one. They made a mistake and forgot about this, in the business of everything else. That happens, and Matt admitted it. I am pointing out that most of the time, this sort of defense is as simple as 'Yo, stop infringing!' but when it's not, you want to shoot yourself.