And what good is a warning page when a surfer can really enter your site from any page that Google (or another search engine) has indexed? Search engines send the traffic to the page that got the results, not the site's entry or warning page.

I think to use the "we had a warning page" defense, you would probably have to set up an "no index, no follow" meta tag on all of your pages to make sure that the search engines only indexed your warning page. Then you might have a leg to stand on because you were truly trying to send all traffic through a warning page. But so what? Nothing compels people to be honest on a warning page.

Cheers
Dzinerbear