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QUESTION: By the mere act of removing watermarks, in and of itself, do tube site owners, in your opinion, forfeit their "user uploaded" status and thereby their exemption from 2257 regulations?
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Of course.
But they can be counted on to deny that they do that, asserting that it was uploaded in that condition.
Just by selecting what uploads see the light of day is enough to "otherwise manage the sexually explicit content" and any kind of selection process at all that delays the appearance of uploads for review is enough to call what they do insertion on a web page. There are arguments they can make about CDA and copyright, but I think that, given what the selection process actually appears to be, in breaking the hearts of all those male masturbators whose submissions are routinely deleted, the tubemasters lose and face prison time if 2257 survives.
And BTW it's not some magical "user uploaded status"; they lose their argument that they are a _mere host_. They do that, too, in many other ways by their promotional activity, especially in using videocaps from the submissions.
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Extremism in the defense of Liberty is no vice. . . Restraint in the pursuit of Justice is no virtue.
Senator Barry Goldwater, 1964