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The tube sites have actually co-opted the safe harbor for "hosts" provision that was made available for hosting companies. They are not an actual host, but only a website that hosts user content.
Maybe everybody should just file a 2257 complaint with the FBI everytime they send out a DMCA takedown. If they start getting 10,000s of legal complaints, sooner or later they will have to act, or else force the government to change the laws.
The same thing with using DMCA-512(H), maybe flooding courts with 10,000s of them would probably get some attention to the problem.
And as far as non-USA based tubes, a lot of them are based in countries where porn is illegal. One wonders if the mass copyright filings(30,000???) against heavy uploaders in Korea last year, had more to do with outing people to the cops in a country where porn is illegal vs. actual copyright enforcement.
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