Why should he be held responsible? The XSS is just plaintext code. It has no meaning unless someone executes it.
Could the same not be argued about malicious/annoying scripting language code, or any interpreted code for that matter?
If TPB can't be held responsible for simply providing links to illegal downloads, surely this kid shouldn't be held responsible for writing up some XML style sheets.
Maybe its just me, but I think that depending on what country you are in the laws for what you are responsible for change quite a bit.
I dont see anything wrong with their choice. This is what the content providers want and Hulu really needs to play by their rules if they want to stay legit.
They are in a good position right now. They give people what they are wanting (people that would probably be downloading a torrent otherwise) and seem to have made the content providers happy so far, allowing them a broader array of media than they would have without. (well if they didnt want to deal with messy legal matters at some point).
I dont see why everyone is complaining, its their choice and Hulu chose, its the same choice I would make in their position...
Happiness is twin floppies.