This is something that’s waiting to happen to a ton of other ISPs. In this case a large, well known fashion company went to court because a couple of ISPs were hosting sites selling fake products branded with their logo and name.
I am pretty sure that the day is not far off when ISPs will get heat from individuals and organizations for doing nothing when websites they host get compromised, and in turn infect innocent visitors. Already one can hear the rumblings of disgruntled customers on various security groups and help forums wherein ISPs provide a canned “its your problem” response to infected website owners.
Once the visitors who get compromised take up the “legal-cudgels” to bash the big boys on the head, things will change, for the good, pretty fast.