Originally Posted by wootpr0n

I think that Io vs Veoh Networks settled that matter for good.

DMCA says that the host is not liable for infringing content. It never said anything about checking.

The Court said that checking is not required. And checking once does not create an obligation to check again.

The Court also said that the host is not expected to be able to distinguish between infringing and non-infringing even if it were to check regularly. Actually, the court specifically said that even if (a) the host checked, and that (b) the video had been professionally produced, and that (c) it was watermarked with the logo of the producer, the host wasn't liable and wasn't expected to assume that it was infringing.