Unfortunately, it's not about the user having rights... The tubes you are most likely referring to can offer illegal content simply by allowing users to upload the content.
Should they? YES
Will they? NO
At this point in the game whomever loses that ability will be at a distinct disadvantage in the market...
I wouldn't be the least bit surprised to learn that major tubes pay people to upload illegal content (or at least incentivize them under the table in some way).
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