Neither, the way youtube works is that when someone uploads content owned by someone else the owner can either have them take it down. Or agree to leave it up but then they get all the ad revenue that video generates. (they can also do nothing, but that’s not really worth doing)
So…makes a lot of sense to just leave it up in a lot of cases unless the owner thinks they would make more money by taking it down.
The thing about copyright stuff is that it’s not an automatic issue where the government is going to try and punish you. It’s only an issue if the copyright owner decided to sue it, and in this case they aren’t going to do that.
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