Sunday, December 07, 2008
By Erik Gruenwedel | Posted: 28 Oct 2008
Google is alleging media giant Viacom continued to upload content onto YouTube and then told a cyber copyright monitor to ignore the clips, despite previously filing a $1 billion copyright infringement lawsuit against the popular social video network site.
Palo Alto, Calif.-based Google, which owns YouTube, filed the motion Oct. 27 in U.S. Federal Court in San Jose.
In the motion, Google is seeking access to records from BayTSP Inc., a Los Gatos-based copyright policing company contracted by Viacom and whose data the media giant is reportedly basing much of its case on.
Google says Viacom, via BayTSP, has had the ability to police its content online and selectively chose not to for marketing reasons. The search behemoth, which contends it is not responsible for the use of pirated material by its users, claims it has always moved to remove infringement material when notified by copyright holders.
"BayTSP will possess a trove of documents reflecting this ‘viral’ or 'stealth' marketing of videos," Google said in the filing.
Viacom last March filed the copyright infringement suit contending more than 160,000 copyrighted clips from MTV, Comedy Central, Paramount Pictures and other programming appeared illegally on YouTube.
The contentious case has seen both sides ratchet up dramatic defense efforts, with Google claiming the case threatened the Internet, and Viacom demanding, then rescinding, efforts to obtain data on YouTube users.
Representatives from Google, Viacom and BayTSP were not immediately available for comment.