Viacom Loses To YouTube In Landmark Copyright Case. Key point: YouTube isn't liable for copyright infringement so long as it pulls stuff promptly when owners complain properly.
In other words, YouTube doesn't have a duty to proactively police its users; that's the copyright owner's job.
Quick! everyone upload every Futurama episode they have all at once!!!!!
Its in line with the Tiffany v. Ebay case. It is the burden of the IP owner to protect its own rights. This burden should not be unreasonably shifted on to others. Once youtube (or ebay) are on notice of infringement, they have an obligation to act…until then, it is not their problem.