To obtain the safe harbor the Online Service Provider must:
1. not have actual knowledge that the material or an activity using the material on the system or network is infringing
2. not receive a financial benefit directly attributable to the infringing activity, in a case in which the service provider has the right and ability to control such activity
3. have a Designated Agent registered with the US Copyright Office to receive notifications of claimed infringement
Three biggest tube sites - yuoporn.com, redtube.com and pornhub.com:
1. have actual knowledge that material is infringing - stolen videos are watermarked and uploaded probably by them not by users
2. they make money from ads on pages with stolen videos
3. they don`t have designated agent registered with
Copyright Office
I think they don`t have any chance to obtain safe harbor in court.