Originally Posted by VGeorgie

DMCA includes a red flag test, in addition to takedown notices, where liability still applies if that host is assumed to be reasonably "aware of facts or circumstances from which infringing activity is apparent."

They can have a copyright agent, DMCA policy, and user upload links. They can still be liable if it's judged that the site operators are reasonably likely to know of the infringement. The sharing of full-length Hollywood movies on a Web site, where titles and even screen shots are made available, is a good argument that the site operators reasonably had knowledge that infringing activity was going on.

So far this has been a lesser known provision of the DMCA, but it'll be more heavily enforced as time goes on.