Youtube is operating as an OSP under the DMCA safe-habor laws, and this has been upheld in court. Youtbue must therefore act neutrally in each case -- that is, they have obligations both to the uploader and the alleged owner. If they don't fulfill these obligations, such as reinstating a video that doesn't actually violate copyright law (given the existent of fair use,) then they can lose their protection under the DMCA.
Granted, Youtube could opt to not seek protection under the DMCA, but it seems like this isn't their best strategy.
Youtube is operating as an OSP under the DMCA safe-habor laws, and this has been upheld in court. Youtbue must therefore act neutrally in each case -- that is, they have obligations both to the uploader and the alleged owner. If they don't fulfill these obligations, such as reinstating a video that doesn't actually violate copyright law (given the existent of fair use,) then they can lose their protection under the DMCA.
Granted, Youtube could opt to not seek protection under the DMCA, but it seems like this isn't their best strategy.