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Old 05-28-2013, 11:58 AM  
signupdamnit
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Quote:
Originally Posted by SomeCreep View Post
DMCA clearly states it is legal for them to steal any and all of your videos and monetize them however they see fit, so long as they take the videos down once you request they do so. It's not pornhub that is the problem, it's the law.
This isn't technically true. IANAL but

1. The DMCA may not even apply to them if they are not in America. I'm uncertain of the specific ramifications of whether or not they have a U.S. presence or U.S. shell companies.

2. The DMCA does not give Pornhub or any other tube the right to steal your content. If they either upload the content themselves or purposely conspire to see the said content uploaded there is no DMCA protection.

3. Even if the content is uploaded by a legitimate user under the DMCA Pornhub and other tubes have certain duties as it relates to things like repeat infringer policies.

4. But yeah money talks. Even if you catch them with their pants down and you have a legal opening you need the money to take them to court and see the case through.

5. There might be other laws on the books in their own jurisdictions which are stricter than the DMCA. But see #4.
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