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Charging even a dollar could run them afoul of the Safe Harbor provisions of DMCA, if I remember correctly. I believe there's a part in there about being directly compensated for the content. Pre-paid ads ARE compensation but a smart attorney could distinguish them into being something at least within the spirit of the law. But charging a membership fee is a problem.
That said, there are those tubes out there that charge for a premium area where the quality is better and the files are downloadable. Unless everything in THAT area is legal and licensed, then that presents a decent angle for attack.
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Donovan Trent
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