They tried the safe harbour argument against Viacom. It didn't go that smoothly. https://en.wikipedia.org/wiki/Viacom_International_Inc._v._YouTube,_Inc https:

They tried the safe harbour argument against Viacom. It didn't go that smoothly. https://en.wikipedia.org/wiki/Viacom_International_Inc._v._YouTube,_Inc https://en.wikipedia.org/wiki/Viacom_International_Inc._v._Y.... That whole debacle spawned Content ID and yes, now they're happily in bed together. They probably prefer it like that, while we'd prefer safe harbour actually works as intended.