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Originally Posted by Dirty Dane
There is no such thing as "I-have-no-responsibility-if-I-write-so-and-until-someone-tell-me"...
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Unfortunately for us, this is true for all other crimes except for copyright infringement - we'd all wish it wasn't true but it is, our damnation called DMCA.
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They tell surfers to upload and become "king of porn" and "btw, go ahead and upload, as long it's not on our list". How do you think that would be judged by a court?
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They can always tell they only encourage those surfers to upload who do own copyrights for the videos they upload, and show some page where a surfer needs to mark a check box where he "honorably" affirms he's indeed a copyright holder.
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The commercial interest too, does not favor the host...
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Yes, commercial interest is a strong arguement - but I don't know of any real court case so far where the ruling says showing ads invalidates the safe harbor protection. So whether it is enough of a "direct financial benefit" or not (DMCA wise), only the future will tell and new lawsuits.
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As I posted above, on their FAQ they claim they check *every* upload before published:
http://www.tnaflix.com/faq.php
...which is the opposite of what they claim on their dmca page: http://www.tnaflix.com/dmca.php
So, if they check before published, then there are no way they can deny knowledge of a watermarked movie published on their website, and thereby they can't use the dmca loophole 
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Yet again, they can always tell they thought it was a copyright holder who uploaded the vid to promote his site through the watermark, and show many instances of such things taking place in real life situations (and they do indeed take place, some people upload their own videos to tubes to promote something with the watermark on them).
And our videos didn't even had watermarks on them - that was the mistake we made years ago that still haunts us (lots of our unwatermarked videos flying around).