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If they are posting it to comment on it then it should fall under the safe harbor provisions of the dmca
point is they are just commenting on it, and don't mean any harm
but there are others out there that dont care and blatantly will do things like sell pictures that people took of celebrities without the photographers permission and stuff like that knowing fully well they shouldnt and that they are infringing on the photographers copyright but they just do it anyways because 'everyone does it'
pretty much every celebrity nudes/sexy pics site is run off that premises, i doubt there are any that hire their own photographers/buy pictures.
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