Creation and sharing is still a gray area at best. Technically you're making use of intellectual property that you have no rights to use. For most companies though it's either good advertisement or simply not worth the resources to hunt you down. But yes, we're again moving the responsibility and liability away from the people that create the content to the people that host it. A very questionable decision in my opinion, but of course the easier one if one only cares about pressing money out of somebody.