Originally Posted by gideongallery

can the video appear on the site if the user does not choose to accept the terms NO
the user is given two choices send it to everyone (claiming the right they are allowed to do so) or use someone elses services.

your arguement comes down to you are only allowed safe harbor provision you must provide absolute 1:1 distribution and that would make every host, every proxy liable ILLEGAL.

Tube sites increase the liablity for the uploader to decrease the liability for themselves.

However the users are not making any money off their uploads (so fair use CAN apply to there actions) .

all the financial benefits are indirect, which the courts have already ruled multiple times does not automatically make contributory infringement/ does not invalid the fair use of the customer.

you can make money by providing fair use services and devices (vcr, diamond rio, back up services , etc) and not be guilty of contributory copyright infringment, even if those devices could be use for copyright infringment.