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Originally Posted by wootpr0n
It is easy to know if a video is adult or not adult. Everybody knows what a nipple looks like.
It is not so easy to know if a video is copyrighted or not. And then it is even more difficult to know if a copyrighted video is authorized. And it is even more difficult with porn. Amateurs can shoot professional looking porn, and professionals can shoot amateur porn.
A tube site can't be expected to know if a video belongs to you or not. And even they could, they can't be expected to know if you object to them hosting your copyrighted video. You might have uploaded it yourself.
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beat me to it
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People insist that the DMCA provides safe-harbor immunity. That is bullshit. It created a liability that never before existed and then immunized it in specific situations. In Canada, there is no DMCA; webhosts are never held liable for infringing content hosted for their customers.
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the safe harbor provision was designed to balance the increase power of the takedown request to prevent those request from becoming a censorship tool. Canadian laws still follow the "get a court order" style take down notice unless the host chooses to accept DMCA take down as a condition of TOS (most do).