Quote:
Originally Posted by Nathan
XTube is a service provider, they do not actively select the content, its just put up and they just remove content that they feel is illegal. This way there is no need for them to keep 2257 info, even under US law.
That is why they do not actively pick each set of content... if they did, they would have to keep 2257 info... for the US laws at least..
This just as a note regarding 2257...
Now go on with the thread ;)
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Sorry, but I have to disagree. If we were talking about 2257 circa 1995 or so, you might have something. Even then, it is questionable.
xtube changes the format of the videos. The add their trailer / logo onto the videos. They sort them by type, content, name, etc. They publish them on webpages that they alone control (the submitters do not control the pages that their content appears on).
From where I sit, Xtube received, encodes, repackages and redistributes the videos on their website. Sourcing the videos from a content supplier or from the general public to build a website doesn't change the nature of the game. "hosting" and hosting alone wouldn't involve things like re-encoding, managing, listing, indexing, insertion on page, etc.
At minimum, they are a secondary producer, and with absense of contact information for the individual posters, they could be the defacto primary producer (because no other information is provided).
It is a very, very long stretch to say that xtube is nothing more than a filehost, doubly so because the line between the "content for sale" and the "user submitted content" is blurred by the format of the site.