Quote:
Originally Posted by blackmonsters
His argument fails in plain truth.
1. Youtube has content matching software and removes copyrighted material without
the need to send DMCA.
2. Youtube acts on DMCA (to the point that it may be unfair to uploaders)
3. Youtube doesn't delete videos that have low download numbers. 
4. Youtube deletes accounts of repeat offenders.
5. Most important of all......Youtube has no porn. 
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1. they did NOT for the period of time they were sued for
2. so does youtube, in fact in the same way (the file doesn't disappear just the url pointer too it). You can dispute a takedown 6 years (after a court case validated a fair use right you really had) after it happened and get your video restored, you could do that if they deleted the original file.
3. neither does megaupload, you need to download your file once every 30-90 days to keep it alive
4. So it not an explicit requirement of the safe harbor
5. Are you trying to argue that the normal protections don't apply if your distributing porn. Where would this entire industry be if it was not an absolutely protected fact that it is entitled to the same protection as the non porn mainstream sites.