Youtube vs. Cuban

Is this stuff that Cuban is saying about YouTube true?

We know that Youtube makes a ton of money of the advertising around infringing content. We know how they use their adscripts with doubleclick to serve ads by category and track all ads served by who uploaded the content. We checked the scripts when UFC ads popped up around the WEC videos we found. (cagefights from HDNet.) UFC ads above WEC infringing videos seemed too much of a coincidence Its all right there with a viewsource of a youtube page

If so, then this company is going down the copyright tube, period. That's like the cigarette companies getting caught jacking up nicotine levels. You can't "not no" and simultaneously act in a way that's to your advantage based on the very information you claim not to know.

I know this other stuff that Cuban is saying is true:

If you are under the safe harbor rules, and merely a conduit to others hosting files, how in the world could you give yourself a license to those files ? In other words, Youtube owns what you just uploaded, and can do anything they want with it, without limitation, but at the same time under the DMCA they want to be considered only a conduit that falls under the safe harbors.

I never thought about it quite that way, but of course he's right. When you grant yourself a license to content, you are taking responsibility for that content. When I produce a documentary, I don't get my subjects to sign releases to protect me - I don't have enough money to make it worth their while to sue.

I get the released signed because no television channel (read - video platform) would license my content if I didn't. YouTube is all wet in this department. They say they can do whatever they want with your content, yet they're not responsible for what they're licensing?

That's harbor's not looking too safe to me.