In its response to the lawsuit, filed Monday in Federal District Court in Manhattan, Google said that Viacomâ€™s claims were unfounded and asked for a judgment dismissing the complaint.
[…] Googleâ€™s court filing gives few new details of its legal thinking, which relies heavily on the so-called â€œsafe harborâ€ provisions of the Digital Millennium Copyright Act, enacted in 1998. Those provisions generally hold that Web sitesâ€™ owners are not liable for copyright material uploaded by others to their site as long as they promptly remove the material when asked to do so by the copyright owner.
The 1998 law â€œbalances the rights of copyright holders and the need to protect the Internet as an important new form of communication,â€ Google said in its filing. â€œBy seeking to make carriers and hosting providers liable for Internet communications, Viacomâ€™s complaint threatens the way hundreds of millions of people legitimately exchange information, news, entertainment, and political and artistic expression.â€
Viacom said Googleâ€™s response misses the mark. â€œThis response ignores the most important fact of the suit, which is that YouTube does not qualify for safe harbor protection under the D.M.C.A.,â€ Viacom said. â€œIt is obvious that YouTube has knowledge of infringing material on their site, and they are profiting from it.â€