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The Online Copyright Infringement Liability Limitation Act, which goes in tandem with DMCA also includes a counternotification provision that offers OSPs and/or sites a safe harbor from liability to their users upon notice from such users claiming that the material in question is not, in fact, infringing.
Maybe have a post upload agreement from the surfers stating that they accept liability if the video is in fact infringing before going on your network. Imho, Robbie does have a good idea for separate affiliate and surfer upload pages. I think many independent producers, myself included would jump at this chance if given the opportunity.
I also agree with the upload my hand approach. I do the same thing Robbie does with tube-erotique, although my tube is much, much smaller.
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