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Thanks for posting, that was an interesting read. Based on what that lawyer said, it sounds like it's not really clear either way. It doesn't sound like xtube keeps documentation and says it's the submitters responsibility, but if law enforcement went after them, would they be in the clear or would they be busted? That part still seems unclear to me.
Have you decided yet if you are going to offer amateur uploads on your site? I am still kind of undecided. Basically I just don't want to invest a whole bunch of time and money into something that the law isn't really clear on if it means I could be in trouble somehow. If I decide to do it I think I am going to have to talk to a lawyer first to find out what I should do. Otherwise it seems like kind of a gamble if your site happens to be the one the FBI decides to audit....
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