zirik wrote on Jan 20, 2012, 18:55:

…they are willfully infringing copyrights themselves on these systems; have actual knowledge that the materials on their systems are infringing (or alternatively know facts or circumstances that would make infringing material apparent); receive a financial benefit directly attributable to copyright-infringing activity where the provider can control that activity; and have not removed, or disabled access to, known copyright infringing material from servers they control.

thats what took down megaupload. youtube has copyright infringing videos that teach consumers how to jailbreak iphones and consoles. complete with download links. and youtube serves ads that make them money. some videos have been around for at least a couple of years. yet youtube gets safe harbor status.