Originally Posted by gideongallery

but that exactly the point

tell you what next time you plan to film a porno
turn off the camera
pay the girls to have sex with you
invite the cops over to act as a witness and see how quickly you get arrested.

Without the filming of the act, everything else becomes a criminal act.
That loophole turns a normally illegal activity into a perfectly legal business dispite how much the religious right wants it to be otherwise.

The exact same thing is happening here

if the tube sites owner took content they rented from a dvd store
ripped it
uploaded it themselves and invited the cops to witness that act they would also be arrested


but as long let users upload the content AND comply with any take down request
the safe harbor provision turns that into a 100% legal act dispite the fact you don't like it.