There's another independent criterion that will cause lots of trouble/legal uncertainty:
1b. Regardless of (1), can you prove you made "best efforts" to acquire licenses for the content that was later found on your platform.
It's not specified who you should be seeking deals with, how you're supposed to know ahead of time what a user will upload, how you're supposed to identify the true rightsholders of an uploaded work, etc.
That criterion must even be fulfilled when you're less than 3 years old, by the way!
1b. Regardless of (1), can you prove you made "best efforts" to acquire licenses for the content that was later found on your platform.
It's not specified who you should be seeking deals with, how you're supposed to know ahead of time what a user will upload, how you're supposed to identify the true rightsholders of an uploaded work, etc.
That criterion must even be fulfilled when you're less than 3 years old, by the way!