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May 27, 2008 12:00 AM

Google claims the Viacom YouTube lawsuit threatens DMCA


Posted by Joseph Devlin

I am not a lawyer, but I was not surprised when I heard that Google does not agree with Viacom’s assertion that it has been irreparably harmed by the existence of YouTube. Nor was I startled to hear that Google does not want to pay the $1 billion in damages that the home of  MTV, the Daily show, and SpongeBob is asking for.  On the other hand, Google’s assertion that finding in Viacom’s favor would seriously damage the Digital Millennium Copyright Act (DMCA) seems a bit of a stretch for me.

Seriously, how this lawsuit is settled is going to have serious repercussions about what material you and I can legally excerpt and use on the web.  In papers submitted to the court late Friday, Google formally responded to Viacom’s complaint that almost 160,000 unauthorized clips of Viacom’s programming have been placed on YouTube and that those clips had been viewed more than 1.5 billion times. Google’s lawyers asserted that YouTube "goes far beyond its legal obligations in assisting content owners to protect their works”. 

There is much more complete coverage of this case on Techmeme and Larry Dignan’s ZDNet blog (which includes a link to a PDF copy of Google’s full response).





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