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I'll carry your motion Elvis.
oscer -- they did not take it upon themselves to police anything by starting a freehost and if you'll have a close look at DMCA you'll see that hosts can create liability for themselves very easily by attempting to police their clients.
The copyright holder bears the burden of notification -- an affadavit that's acceptable under DMCA is presented to the host, the host notifies the offender and if the offender doesn't take down the stolen material or produce a license to use it in a timely manner, then and only then, can they be safely terminated from the host.
I don't hold with stolen content, but I'm also hard pressed to find too many people in this industry that haven't violated licenses from time to time, even if it's just a paysite owner pushing feeds from a members area they license into another one of theirs or an associates that they don't license.
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