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The DMCA does not break down because you screen content for things that are illegal.
Google actively filter and screen out unlawful content and the DMCA still applies.
There is a difference between screening for unlawful content and screening for copyright infringing content.
If Mindgeek view every video on their array of tube sites to filter out illegal content that doesn't mean that they have to form a view as to whether the content breaches someone's copyright.
The way the DMCA works is that rights holders need to issue a takedown notice, the site has safe harbour if it follows the DMCA to the letter, which I believe Mindgeek does.
So nice try, but no cigar.
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