Wrong. The O'bannon comparison doesnt work. In NCAA, EA was creating players with similar likenesses, numbers, height and weight to real people. EA was doing the creating. The issue with EA was never the fact that people could edit the players.....it was that EA was using likenesses even before people edited the game.
There are very few things I know about and this is one of them. I serve as litigation counsel for one of the biggest media companies in the world. We deal with both sides of this issue. People using our content and people posting other people's content on our sites.
You couldnt be more wrong about Youtube. They dont bend over backwards. I'll give you an example: Lets say you post one of my company's shows on Youtube. I see it and I send Youtube a takedown notice and they immediately take it down. That should be it right? Nope. Youtube will send you a takedown notification and all you have to do is say "That content is owned by me" without providing any evidence that it is....and Youtube will restore the video to your account.
The only option my company has is to file suit (which costs us money) and forward the complaint to Youtube. Youtube will then take down the video until the matter is resolved. We dont have an option to sue Youtube and if we did the case would be dismissed under the DMCA. Same goes for EA.
There are hundreds of file share sites that have used the "we only host" defense for years and have been very successful. The ones that fail are the ones like MegaUpload that refuse to respond to DMCA takedown notices or dont have a takedown policy.
EA is overreacting to Obannon when it has nothing to do with fighter share. They are two different things.