I gave you the real example of torrent trackers and you just choose to ignore it. There are no passive intermediaries in this business.
I ignored it because it's, both technically and legally speaking, a none sense.
There's a lot of fully passive intermediaries on internet. ISP, emails providers, files hosting services, payment providers, and NNTP providers are some of them. A lot of them are implied in "this business" ; in my list, only NNTP providers aren't, but they are a good example of the said "none sense".
NNTP providers won a lot of cases in the past, and still would do if Usenet were still a thing. The content is hosted on their platform, it's their platform which give you access to it, and still they aren't legally responsible because what they do is just unfiltered replication of raw content. It's both the notion of "raw content" and the absence of filtering which legally discharge them of any responsibility and let them won in justice. They stopped to win the day they started to filter the content to remove spams. It wasn't anymore raw content, they weren't anymore passive because filtering is an active thing.
I talk about them because Torrent trackers do the exact opposite. They host nothing, but they give you filtered access to the content. Not only they know exactly what the content is, but they also provide you an easy way to access it. And that's why they can be targeted and are hit. If they were just providers of a raw list of trackers, without any filtering capabilities, except name searching, in their interface, they would own no responsibility since they would just offer a replication of the "network index". But well, in this case they also would be completely useless.
Files hosting services are implied in "this business". Whatever you create, as long as it's numerical, you need a file hosting service. It can be one like youtube, which present directly usable content, or one like mega, which present indirectly usable content. In both case, the only responsibility they own is the obligation to respond to legal notifications.
Mega can legally offer access to incest games, youtube can legally host incest videos, as long as it's an unfiltered access and they remove the content when notified of it's illegality. That's why megaupload failed. They offered the same kind of services, but some paying customers had access to a filtering feature ; they stopped to be passive because of this sole thing. Oh, by the way, they also failed to remove the illegal content and still offered access to it for their staff members and part of they paying customers, it wasn't a good idea either.
And the same exact thing apply to Patreon. They are (well in fact they were) a passive intermediary, as well as the payment providers. This even with their ToS stating that you can't use their services for this or that. Why do you think that banks don't care what you do with your money, except when the Law state that they must ? It's because it discharge them to all responsibility.
When opening your account, you agreed to their ToS, so you agreed to not use their services to do illegal things. As long as they don't care what you do, you are just a liar and you abused them ; it's your responsibility, not their. The instant they start looking what you do, it become their responsibility because they now are aware that you lied. You don't abuse them anymore, they are silent accomplices.
That's where Patreon stopped to be a passive intermediary. As long as their ToS were something like, "if you create adult content, you must flag it", and, "you must follow the law of your country", they owned no responsibility. Even with them actively enforcing the "adult content" flag, their responsibility weren't implied. But the instant they started to ban content and track it, they became active, and so now own responsibility over the content. Now, if there's an incest game available from a country where it's illegal, they failed in their filtering activity and are responsible of this failure. Still they aren't responsible of the fact that the game depict incest.
You are responsible for what is being sold on your platform.
Of what
you sell, yes. But Patreon sell nothing. Amazon isn't sentenced when illegal content is sold using their services, they are sentenced when they know that it's sold and do nothing against it.
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