Is it possible to contract around the safe harbor provisions of the DMCA?

The RIAA is shifting its approach from prosecuting individual users who pirate copyrighted material, to working with internet service providers to disconnect "persistent pirates." Here is a link to the NY Times article: http://www.nytimes.com/2009/01/30/technology/30digital.html?_r=1&ref=technology. Apparently, the RIAA decided to cease its strategy of targeting individual users because it was bad for its image. However, the effectiveness of its new strategy may be worse. The ability of an OSP to disconnect its users is a powerful tool. Denial of internet access is a greater deterrent than the mere threat of RIAA prosecution. Not only that, but if the RIAA works with OSPs under contracts, it can get more monetary damages for breach of contract than it could get from individual users for infringement. Does the approach allow inroads on the OSP safe harbors of the DMCA by creating liability contractually? Does it indicate the beginning of the uniting of RIAA and OSP interests?