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They also need to be registered as an ISP with the US copyright office to be exempt from liability, which I doubt many of them did. They also need to show the lack of "direct financial benefit" from infingement, which is also doubtful when they're selling advertisement by clicks and damn sure they're directly interested in every click the infringing video can bring them.
Pink Visual vs Brazzers lawsuit will clarify alot of these points.
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