Just to make things clear, nothing is decided yet. What is debated in this thread is the very same question the court will answer. For example, they are being asked to asses:
> is it important whether the ‘hyperlinker’ is or ought to be aware of the fact that the website to which the hyperlink refers is not easily findable by the general internet public?
Which in fact does included the finer details of changing content after the link was published. But that isn't really important to this specific case: The link pointed to the very same content all the time and was labelled with the content on the linking website. Even if they decide that this link was illegal that does not necessarily imply that any link going to infringing websites is a law violation (for example, if the content changed later on or different content is served to different users).
That's what courts are there for: They are asked question of legality and answer them. We don't know yet how they will decide this time and it's wasted time to mock judges for not knowing anything about technology before actually seeing the ruling they make. The CJEU has a pretty good track-record so far.
> is it important whether the ‘hyperlinker’ is or ought to be aware of the fact that the website to which the hyperlink refers is not easily findable by the general internet public?
Which in fact does included the finer details of changing content after the link was published. But that isn't really important to this specific case: The link pointed to the very same content all the time and was labelled with the content on the linking website. Even if they decide that this link was illegal that does not necessarily imply that any link going to infringing websites is a law violation (for example, if the content changed later on or different content is served to different users).
That's what courts are there for: They are asked question of legality and answer them. We don't know yet how they will decide this time and it's wasted time to mock judges for not knowing anything about technology before actually seeing the ruling they make. The CJEU has a pretty good track-record so far.