Note: They currently remove specific content when requested and even automate the process. But, you can still find plenty of 'pirated' content where the owner has yet to complain.
http://www.youtube.com/watch?v=tNd1l7LsxvU
This person covered the entire youtube screen in popups to his other stuff: https://www.youtube.com/watch?v=DDcrGq_fyoE&src_vid=hhHPnT_h...
copyrighted means that the owner of the copyright is the only one with the right to decide when/where/how it gets shown. But if that owner is cool with it being on Youtube, there's no reason for it to be taken down.
When, like Dotcom, you instead actively solicit pirated material, optimize the pirated material on your site for quality, and pay users to put more pirated material on your site using a sliding scale based essentially on how pirated the material is, the DOJ reasonably concludes that you are not a public video site like Youtube, but rather a criminal conspiracy.
Dotcom appeared to have been operating under the misconception that a "notice and takedown" system insulated him from that charge. Dotcom didn't actually read the DMCA, because notice and takedown is only ~half of the responsibility of an online service. The other half, written right into the DMCA, is operating without red flag knowledge of pirated content.
Basically, unless you complain we are going to pirate the hell out of your content.