Why Google Could Lose the YouTube/Viacom Lawsuit

Copyright infringement apologists believe that Google will be protected from Viacom’s $1 billion YouTube lawsuit because of the Safe Harbor provisions of the Digital Millennium Copyright Act.

Google argues that Viacom’s lawsuit “threatens the way hundreds of millions of people legitimately exchange information” over the Internet.

But what does the law say?

I haven’t found very many intelligent, informed discussions about the YouTube/Viacom lawsuit that address the actual allegations and defenses in much depth.

So today on E-consultancy.com, I posted Part I of a two-part series that looks closely at the real legal issues that are in play.

Today’s post evaluates whether or not Viacom’s allegations – that Google is liable for direct, contributory and vicarious copyright infringement – hold any water.

Tomorrow’s post will look at the linchpin of Google’s defense – the Safe Harbor provisions of the Digital Millennium Copyright Act.

Enjoy!