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The basic problem I see here is that people are categorizing tube sites as a host.
That is not accurate.
A tube site owner is a publisher. He has published a tube site for public view and has invited others to contribute to its content. People who contribute content are also publishers and are the partners of the tube site owner.
I believe that publishers are obligated to obey copyrite laws.
The website belongs to the tube site owner who is not a host.
The host is the actual webhost who owns the server and simply stores the content. The host does not determine that the content is shown to the public. They merely store the content for the use of the tube site owner who is the actual publisher.
Nobody wants to prosecute the host here.
The owner and publisher of the tube sites and their partners are the parties responsible for allowing this content to be shown to the public as they profit from it.
Now it is probably not possible to identify all of the people who have uploaded content to a tube site. However since they were invited by and act as partners of the tube site owner who profits from this, it seems to me that the tube site owner might logicaly be liable for their actions.
I don't know what the law will determine in these cases, but if I owned a tube site that featured copyrited content that I or my partners did not have a right to publish, I would be nervous.
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