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Google says its protected by the DMCA

Yesterday, Viacom dropped a $1 billion lawsuit bomb on Google, claiming that the search giant "intentionally" allows users to post copyrighted material on its YouTube website. Today, Google's lawyers indicated that Google has a very strong legal stance against Viacom's claims. Under current copyright laws, Google indicated that it was well protected.

According to Google's associate general counsel Alexander Macgillivray, his company's actions are within the protections of the Digital Millennium Copyright Act (DMCA). "Here there is a law which is specifically designed to give Web hosts such as us, or... bloggers or people that provide photo-album hosting online ... the 'safe harbor' we need in order to be able to do hosting online," Macgillivray said.

Just a few days ago, DailyTech reported on the new Freedom and Innovation Revitalizing U.S. Entrepreneurship (FAIR USE) Act, which lightens the restrictions imposed by the DMCA even more so. In fact, the FAIR USE act aims to protect companies that provide products and services to consumers, from being sued by the likes of such organizations as the RIAA.

"This is an area of law where there are a bunch of really clear precedents, so Amazon and eBay have both been found to qualify for the safe harbor and there are a whole bunch more," said Macgillivray. Google said in a statement that it plans to have YouTube continue its services.

"We will continue to innovate and continue to host material for people, without being distracted by this suit," continued Macgillivray. Google previously won in a case involving similar copyright issues where it won based on safe harbor protection and other grounds.

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Opening Comments.
By Mitch101 on 3/14/2007 12:08:13 PM , Rating: 2
My Opening Comments?

Well if this lawsuit isnt about money they why didnt you bother to file this suit prior to a major company aquisition with money if you were so offended by your content being on YouTube?

Did Viacom ever consider a cease and desist before the Google aquisition?

I think its obvious why Viacom is sueing. Google has money.

RE: Opening Comments.
By NaughtyGeek on 3/14/2007 12:15:33 PM , Rating: 2
Actually, I believe ViaCom attempted to negotiate with Google before filing the suit. They stated that a reasonable settlement could not be reached through negotiations as quoted in the article posted yesterday announcing the lawsuit.

RE: Opening Comments.
By Rage187 on 3/14/2007 12:20:52 PM , Rating: 2
and now they are going to get squat.

RE: Opening Comments.
By Mitch101 on 3/14/2007 12:26:33 PM , Rating: 2
"reasonable settlement" Im betting that was a deep pocket request.

Viacom probably believes they are the sole reason or major for YouTube success and therefore deserves a kickback now that a company with some money picked it up. But its shakey because they didnt really do squat until Google bought it.

Viacom didnt seem to have a problem before Google bought it.

RE: Opening Comments.
By dpope on 3/14/2007 12:52:17 PM , Rating: 3
Mark Cuban called this one.

RE: Opening Comments.
By TomZ on 3/14/2007 1:07:36 PM , Rating: 3
Well if this lawsuit isnt about money...

All lawsuits are about money.

"I want people to see my movies in the best formats possible. For [Paramount] to deny people who have Blu-ray sucks!" -- Movie Director Michael Bay
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