Illegal tube sites and safe harbor provision
 

To obtain the safe harbor the Online Service Provider must:

1. not have actual knowledge that the material or an activity using the material on the system or network is infringing

2. not receive a financial benefit directly attributable to the infringing activity, in a case in which the service provider has the right and ability to control such activity

3. have a Designated Agent registered with the US Copyright Office to receive notifications of claimed infringement

Three biggest tube sites - yuoporn.com, redtube.com and pornhub.com:

1. have actual knowledge that material is infringing - stolen videos are watermarked and uploaded probably by them not by users

2. they make money from ads on pages with stolen videos

3. they don`t have designated agent registered with Copyright Office

I think they don`t have any chance to obtain safe harbor in court.

its not an issue of safe harbour... the issue is that the legal costs to pursue infringement..

this is why people just DMCA and i believe that the tubes are removing content pretty quickly..

Regardless of how quickly they remove it, it's still a huge pain in the ass, I've wasted several hours looking through those sites for our content