Originally Posted by Pleasurepays

RE 1: i think you guys are delusional about the DMCA Safe Harbor Provisions.

in a business that splatters the entire internet with "promo content" that's watermarked, that does nothing to protect their own rights (where its use could be argued is done with the tacit approval of the materials owner)... and with a business model where people ARE uploading long movie to promote themselves (youporn.com for example is full of them), you're never going to prove that someone had direct knowledge that there was copyright infringement. the only way that's going to happen is if you somehow magically catch them stealing and uploading movies themselves, against explicit warnings from the owner, which perfectly identify exact videos... and if anyone running a major tube site is that dumb, they shouldn't be sued.. they should be shot and removed from the gene pool.

just because a full length video exists on a tube site doesn't mean its "illegal" which seems to be the favorite assumption. and you can't automatically make the leap in logic (and satisfy the courts with solid, incontrovertible proof) that they knew it was there, they knew it was in violation of someones copyright and so on... no matter how bad you might want to.