Michael Fricklas, a general council of Viacom argued that Youtube is liable of the $1billion lawsuit they (Viacom) filed just recently. According to him, Youtube is not really protected by the so-called “Safe Harbor” of the US DMCA (Digital Milennium Copyright Act)  because Youtube is aware that infringing materials were uploaded into the site as he argued:

Does YouTube have “knowledge” of copyrighted material on its site? Does it have the “right and ability to control” the content? Yes and yes. If the public knows what’s there, then YouTube’s management surely does. YouTube’s own terms of use give it clear rights, notably the right to take anything down. YouTube actively monitors its content. For example, its managers remove pornography and hate content and, as was recently reported, claim they can detect and remove “spam.” Without knowledge and control, how could YouTube create “channels” and “featured videos” sections on its site? YouTube has even offered to find infringing content for copyright owners — but only if they do a licensing deal first.

Cynthia Brumfield summarized Fricklas argument:

1.  The DMCA Applies Only to “Passive” Internet Services
2. The DMCA Doesn’t Apply to Companies that Reap Financial Benefits from the Copyrighted Content
3. YouTube Must Be Aware of the Infringing Content Because Everybody Else Is
4. The Burden of Finding Infringing Content Shouldn’t Rest on Owners

So, what will be the reaction of Google to this?

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