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There are a few suits already pending.
Now a few reasons:
1. Many sites & providers never bother to register their works with the copyright office so collecting in real damages is void.
2. Tube sites are hiding behind a safe harbor provision of the DMCA laws that many people will argue gives them immunity and is also needed. This is also being tested in courts.
3. Copyright suits are very expensive to engage in and collecting any winnings could prove difficult at best.
4. Some tubes are hiding offshore using a very thin veil to attempt to protect themselves and assets. It makes it more expensive to sue them and again collect on damages in a copyright case. Particularly if they are hiding in a country that does not honor copyright laws.
Personally that is all fine and dandy. There are other legal weapons some residents can use against tube site owners that are extremely cheap to pursue legally and best yet are not protected against by any copyright safe harbor provisions. They also allow for damages even without a copyright being registered to boot.
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