Originally Posted by AdultKing

Then it's likely they never had safe harbour in the first place.

Think about this, a file locker paying uploaders doesn't have safe harbour because it's paying for the acts of infringement to take place directly.

On the other hand tube site with no DMCA agent in the US may have safe harbour if it's located outside of the US because it actually has not been tested in court that an offshore entity must register a DMCA agent within the US if it's domicile is outside of the US.

This is all complex stuff. The first question that should be asked is if the site currently has safe harbour.

Also it's all very well knowing one way or the other, but then what is going to be done about it? I can cite several examples of aggravated infringement where rights holders just won't sue because they don't know if there is a pile of cash on the other side of a lawsuit - in other words if there's nothing to be gained from a judgement then why spend the money ?