Google Claims Viacom’s Lawsuit Threatens The Net
In a court filing on Friday, Google responded to Viacom’s claim that Google and YouTube are responsible for “massive copyright infringement of Viacom’s entertainment properties” by warning that Viacom threatens the lawful exchange of information online.
“By seeking to make carriers and hosting providers liable for internet communications, Viacom’s complaint threatens the way hundreds of millions of people legitimately exchange information, news, entertainment, and political and artistic expression,” Google’s filing says.
Viacom sued Google and YouTube in March 2007, claiming that about 160,000 unauthorized Viacom clips have been posted on YouTube and viewed more than 1.5 billion times. It is seeking $1 billion in damages.
Google has said that it complies with the Digital Millennium Copyright Act by responding to takedown notices from copyright holders. The DMCA immunizes online service providers from liability for copyright-infringing activities of their users so long as certain requirements are met.
Google argues that Congress’ decision to provide online service providers with statutory immunity from copyright claims if they meet certain obligations has proven to be the right one.
“Looking at the online world today, there is no question that Congress made the correct policy choice,” Google’s filing states. “Legitimate services like YouTube provide the world with free and authorized access to extraordinary libraries of information that would not be available without the DMCA — information created by users who have every right to share it. YouTube fulfills Congress’ vision for the DMCA. YouTube also fulfills its end of the DMCA bargain, and indeed goes far beyond its legal obligations in assisting content owners to protect their works.”
- From Information Week