Require isn't exactly the right word. If they don't they lose the DMCA safe harbor. If it's really obviously not an infringement there isn't much harm in that.
This is the reason that you can't use weak (or even unambiguous!) copyright infringement to take down popular sites-- their hosts will just forego the safe harbor, perhaps in exchange for indemnification.
This is the reason that you can't use weak (or even unambiguous!) copyright infringement to take down popular sites-- their hosts will just forego the safe harbor, perhaps in exchange for indemnification.
Private parties? No such luck.