the DMCA offers safe harbor for those that meet the definition - Pornhub and all tube sites in porn have no safe harbor because we as webmasters know that a majority of what's on pornhub and other tube sites is not uploaded by real surfers. That's all you have to prove to a judge or jury to knock them out of the box - but just going into a courtroom and saying 'it's common knowledge in the adult industry that these tube sites upload much of the infringing content themselves' isn't enough - you'll need to have some evidence or testimony from somebody the judge or jury will believe. that shouldn't be a huge stumbling block. hell, PornNewz dug up a gem in Google, one of the Brazzers clan posting to one of the Net's biggest movie pirates asking him to contact him suggesting to him that there's money to be made.
the reason they haven't been sued is that from big to small in this industry people are cheap - nobody wants to drop 100K to start a lawsuit when they can still spend 100K in this industry with a much quicker return than they'll get from a lawsuit. plus the aggravation that goes along with lawsuits.
what's TTBoy waiting for? xxxjay has already posted how much he thinks this shit has cost the program TTBoy is a partner in. they've already stole money from you TTBoy, get up to Montreal and break some faces.
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