He went to prison because they found a way to put the scumbag out of business. Tubes sites don't produce the shit, like they don't produce teenage JAV stars getting vaginally dissected. Max made his bed. He skirted the limits and slipped. Tough shit.
You are right. Tube sites don't produce the content. All they do is steal it or allow it to be uploaded by "users." My point is that the government convicted Max under the ruse of distribution of obscenity when in reality it cared little about either. The content is still distributed....and nothing happens. If it was obscene when Max put it out, when did it become not obscene?