Originally Posted by kamasutrababe

YouTube is not "actively" removing content; they do not have someone on staff who monitors uploads and removes content they find pirated. They "passively" remove content, after someone else finds the pirated material and sends YouTube a takedown request. That "active" vs "passive" procedure is the big difference whether the site is protected under DMCA. If the tube sites "actively" monitor uploads and removes copyrighted material (e.g. for a sponsor they have a deal with) they find on their own before receiving a complaint from someone else, then they are no longer protected as an ISP under DMCA. I am not a lawyer, but the language in DMCA is pretty clear about this.