Just a note, this is more for discussion than an actual plan.
The tube sites all use FFMPEG to convert videos to flash, correct?
What if you encoded your videos in a format that FFMPEG could not convert, problem solved.
But wait, you say they will just modify FFMPEG to handle your new copy protected videos.
Well, that's exactly what you want. Once tube sites create a program or modify FFMPEG to specifically circumvent a certain copy prevention they no longer have any DMCA legal protection.
Even if it still user uploaded content, the tube sites went out and specifically had a program created or are using a program to facilitate copyright infringement. DMCA won't even matter because it's a totally separate issue now and they are breaking a totally separate law that has nothing to do with DMCA.
So in this plan, you use copy protection which everyone here claims sucks because it gets cracked. But you actually want it to get cracked because then you have an actual legal foothold to get around DMCA protection.
So basically, you just need something that interferes with the conversion to flash but would otherwise allow end users to share the file as the normally would. The purpose of of it being so lax is you don't want the end user to have any incentive to try to break your code and then upload it to the tubes. So let the end user have full sharing rights so they won't even know or care it contains any form of copy protection that interferes with the flash conversion. Only tube sites care about conversion to flash, end users I doubt ever do that.
Anyway, just a late night brainstorm over some waffles and a glass of milk.
