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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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By Master Kenobi on 3/14/2007 12:19:22 PM , Rating: 2
Well google did manage the proverbial slap in the face here....

I expect that Google's lawyers have been sitting on this for a while during the Viacom negotiations and have just waited until now to play the card.

RE: Ouch
By michal1980 on 3/14/07, Rating: -1
RE: Ouch
By themadmilkman on 3/14/2007 12:54:12 PM , Rating: 2
Actually, NONE of this matters until they appear in court and a judge makes a ruling. Until then everything is speculation.

RE: Ouch
By KernD on 3/14/2007 1:01:29 PM , Rating: 2
They do remove stuff that is copyrighted, I never got to see the WoW south park that was posted there, when I clicked the link it had already been removed...

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