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Most law is based on intent - do the tube sites intent to get stolen content, do they intent not to police their own site, do they intent to make money indirectly/directly by the distributing copies of the content to othes etc. all which will speak against the tube sites, once they are put before a judge.
And remember politicians NEED to see that the existing law does not do what was intented in court, before they will make any new laws. Tubesites are like spamming operations 2003 (can-spam) - trying to go below the radar, getting hordes of surfer eyeballs to see their ads, however unlike the spammers I suspect tube sites make 1/100 of what they did, which should make anyone doing tube sites ask themself - does the profit reward the risks?
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