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Originally Posted by Dirty Dane
Repeated infringer is good reason to believe and even better reason when they state it themselves (like "I have 100 more videos", "I will reupload", "I will continue"...). These issues about awareness are pointed out in 512(c)(1)(A)(iii) + 512(d)(1)(C) and you can remove such content without being noticed by copyright holders.
Anyway, you do not have to worry about these details because you have already said/estimated 20% is infringing and it's 5% of income. That is in breach with the basic requirements for safe harbor. Awareness and financial benefit.
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I think the crux is this- they could do, they just won't. There are measures a company with 300 employees (give or take) could easily implement to proactively police the content hosted on their sites using the same staff I would assume they currently allocate to insure they don't host any videos showcasing illicit sex acts (cp, bestiality, etc)- the key is they have to
want to, and frankly that is not in their best interest.
The bottom line: until the law is changed manwin will continue to do the bare minimum required and claim they are making their "best efforts". For them to pretend they give a shit or for us to pretend they care is just silliness.
