I case you had forgotten, Viacom is still suing YouTube. Opening statements were presented today and the arguments are shaping up much as we expected. Viacom says YouTube doesn’t do enough to keep copyrighted materials off YouTube, and YouTube says that the “safe harbors” provision of the DMCA protects them from the claims. However, some interesting bits of behind the scene dealings have also come out.
According to a blog post by YouTube Chief Counsel Zahavah Levine , for years Viacom hired people to upload their content, and even went so far as to “rough up” the video so it looked stolen. In an attempt to be stealthy they sent employees to the local Kinkos to upload some content so it wouldn’t be traced to Viacom. All this sneaking around worked super well, even on Vacom itself. YouTube points out that Viacom occasionally asked for a clip to be removed only to reverse themselves upon realizing they uploaded it. According to YouTube, several of the clips involved in the suit were uploaded by Viacom.
The post closes with assurances that YouTube would fight the charges and continue to be a “leader in providing media companies with 21st century tools to control, distribute, and make money from their content online”. Do you think YouTube is at fault, or is Viacom just spoiling for a fight?