Wednesday, May 2, 2007

Google responds to Viacom lawsuit

"Viacom's complaint in this action challenges the careful balance established by Congress when it enacted the Digital Millenium Copyright Act," Google's response begins. "The DMCA balances the rights of copyright holders and the need to protect the Internet as an important new form of communication. By seeking to make carriers and hosting providers liable for Internet communications, Viacom's complaint threatens the way hundreds of millions of people legitimately exchange information, news, entertainment and political and artistic expression. Google and YouTube respect the importance of intellectual property rights, and not only comply with their safe harbor obligations under the DMCA, but go well above and beyond what the law requires."

Google's response denies all allegations made by Viacom in the original complaint. Google requests a jury trial.

Specifically, in response to Viacom's allegation that Google and YouTube promote direct copyright infringement via public performance, Google cites the safe harbor provisions of the DMCA. In response to Viacom's allegation that Google is making unauthorized copies of protected works, Google cites fair use. Google also cites the substantial non-infringing uses of YouTube.

Google's response is available for download here.

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