Despite people complaining about how draconian DMCA take down notices are, the DMCA safe harbor is incredibly generous. Service providers have no affirmative d

Despite people complaining about how draconian DMCA take down notices are, the DMCA safe harbor is incredibly generous. Service providers have no affirmative duty to police user uploaded content unless they have actual knowledge of infringing materials or "facts or circumstances from which infringing activity is apparent." It's basically a don't ask/don't tell system. Courts have been reluctant to require any active investigation even when faced with very large number of valid take-down requests. Youtube is more proactive than most (CotentID) due to settlements and agreements with its major partners.