Originally Posted by TheDoc

From what I understand... this is why Google doesn't get into trouble, they aren't uploading it.

This is from the wiki, end of it is the important part

"It also criminalizes the act of circumventing an access control, whether or not there is actual infringement of copyright itself. In addition, the DMCA heightens the penalties for copyright infringement on the Internet. Passed on October 12, 1998 by a unanimous vote in the United States Senate and signed into law by President Bill Clinton on October 28, 1998, the DMCA amended Title 17 of the United States Code to extend the reach of copyright, while limiting the liability of the providers of on-line services for copyright infringement by their users."

Basically the tube is the provider, if users are uploading it the tube has a limited liability. Then based off what's going on with Google, they do major filtering, finger print filtering, and human monitoring as well as they comply with notices. So the liability is.... .. extended I guess is the word.

Anyway, if the provider is the infringer, and not users then they are aware of the infringements, thus it's not protected under DMCA and it falls under Copyright Infringement.

So to answer the question... I would guess so, just make sure you get an damn good IP lawyer to help and it should go smoothly.