I believe that the statute does apply to youtube because as per 1 youtube transmits the copyrighted material as soon as it has been uploaded unto their servers. When you go to youtube it shows all the latest released clips and top clips which means that at some point it will be transmitting copyrighted content itself. As per 2, youtube decides not to air pornopgraphic videos or videos it deems to be unsavory therefore the process of posting videos may not be totally automatic. Under 3 Youtube does in a sense select recepients of material. If I search for Billy Idol it will pop up a display of other similar videos which are related to billy idol. So in a sense they are selecting the content other than what the users select for them to see. As to 4, all of the content is permanently stored on the youtube servers for users to access at their whim. Finally, as to 5, while the content may be uploaded to the system and not altered by youtube itself, many people then take the files and make parodies of them and repost them. So, again in a sense through the use of the youtube site the files are being modifed and transmitted through the system.
