Well at issue is why, hypothetically, YT or PH might find themselves before the bar. YouTube would be afraid of being sued for copyright infringement. PornHub

Well at issue is why, hypothetically, YT or PH might find themselves before the bar. YouTube would be afraid of being sued for copyright infringement. PornHub is legitimately afraid of being indicted in a criminal conspiracy to distribute child pornography. With respect to just the copyright claim, I don't think there would necessarily be any bias, as it would be pitting pornography producers vs. pornography distributers. Both pretty slimy if you feel that way.