These are not only omens for Justin.tv but also for any new media intermediary, such as youtube or vimeo, where even if their ToS prohibits X, users continue to

These are not only omens for Justin.tv but also for any new media intermediary, such as youtube or vimeo, where even if their ToS prohibits X, users continue to violate X on a day-to-day basis. . .users of these sort of services are almost always ignorant (except the users who study or know copyright law) or simply don't care how or where they're republishing content of entertainment merit, and I don't think they should. DMCA is a pain in the ass, and unfortunately it results in a superfluous amount of content and user banishment. This omen reminds me a lot of what occurred in TPB trial.