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Old 08-15-2017, 11:14 PM  
wankawonk
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Join Date: Aug 2015
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It's complicated but, normally how a tube site works is, some anonymous rando (whose info you don't have) uploads a vid to your site. If it's a copyright violation and it gets reported, as long as you remove the video, you get DMCA safe harbor.

the problem happens if you *incentivized* the anonymous rando to upload the video (ie by offering them ad space or money). Your DMCA safe harbor could break down because you're offering the person an economic incentive to break the law, and then not doing your due diligence to make sure that everyone you're offering this incentive to is on the up-and-up.

In the end it's all about "good faith due diligence"; if you ever end up in a court, you need to be able to convince a judge that you payed attention to DMCA and tried to follow the law. If they found out you payed anonymous people (or gave 'em ad space) without checking what they uploaded, and then they uploaded copyright-protected stuff, the judge would be likely to think you didn't do your due diligence.
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