You claim that, but I highly doubt it's the truth. Lots of people end up with lots of digital currency that is relatively meaningless to them. Lots of other people end up with lots of extra "stuff" that they'd rather not have, and see opportunity in trading it for random digital currencies. Look at the RLT forum in donor forum, which pre-existed Silk Road by what, half a decade?
Further, not all nations have laws against drug purchase, sale, or use. And again, it's not the responsibility of a mall owner to enforce the law on the businesses and customers conducting business in their mall. That's the responsibility of law enforcement. This appears no different to me.
Also, I would consider the antics of crypto-holders who mass bought out video cards and other tech with bitcoin only to relist them at 3-5x the price on Amazon, ebay, etc. from 2015-2017 to be far, far worse than some ecurrency marketplace not targeting drug sales. Entire industries were massively negatively impacted, and in many cases US businesses were prevented from upgrading their tech to remain modern, current, and competitive. Not just with each other, but with those industries in foreign nations.
The charges in their entirety seem like bullshit to me. NGL.
all any prosecutor would need to do is present a list of all of the transactions on silk road. that's a list the owner has and as owner of the business would review. when it shows that something like 95% of all transactions were drug purchases, boom case closed.
you may be able to claim in court you created the site with no intent to act as a drug market. that wipes out most of the worst charges given they'd require premediated intent as well as some sort of advertisement informing users that's what the site is for. but once you have a ledger? well, hard to deny any amount of responsibility at that point even acting as a peer to peer marketplace.
using the d2jsp forum as an example if someone offered to sell 10 tabs of acid in the RLT forum you can bet it would be taken down.
for the record if i could use zero legal codes and just lob in a punishment i'd say fines not jailtime would be the correct call. recoup some of the BTC and sell it off or have them sell it to pay the fine. 40 years and all of the BTC seized was just a cash grab by the govt.
on the tangent i also hate retail arbitrage, and think those people are scum, whether its video game systems, concert tickets, or video cards. just shitty people.