The recently reported win for YouTube in the Commercial Court of Madrid, No.7 (echoes of the dated novel by Leon Uris maybe) stresses the importance of the takedown proceedure.
Essentially the court took the view that YouTube was not a content provider and that is did in fact qualify for safe harbour under the E-comm directive. However - much as in the Viacom case - this only worked due to the pretty efficient takedown proceedure offered by YouTube.
Many other sites which offer material which does not have the clearance of the copyright owner do not have such takedown tools in place. In a recent project live football matches took about 1 hour to be removed by some of the live streamers..............so the majority of the exclusivity is lost.
It will be very interesting to see whether ISP's will be required to put in place take down proceedures or face liability.