They're both at fault, to varying degrees, explicitly or implicitly. Destin mentions in his "intro to freebooting" video his various attempts to contact Facebo

They're both at fault, to varying degrees, explicitly or implicitly. Destin mentions in his "intro to freebooting" video his various attempts to contact Facebook regarding the piracy, and that it was only removed after a Twitter campaign led by his viewers: https://youtu.be/L6A1Lt0kvMA?t=3m49s https://youtu.be/L6A1Lt0kvMA?t=3m49s I don't know much, or have any experience with DMCA, but it's my impression that if there's a copyright violation on Youtube, the video can be taken down very quickly, and the burden of proof is then placed on the uploader to get it back up.