First up, Google contends Viacom’s suit goes against the principles of the Digital Millennium Copyright Act (DMCA).
“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.”
If that doesn’t work, Google’s next defense is the Safe Harbor provision…
“We actually got well above and beyond what the law tells us to do,” such as marking copyrighted files that have been taken down once, so they’re immediately taken down the next time they’re uploaded, and a 10-minute limit on uploaded videos, which prevents full TV episodes from even getting posted.
Add to that a demand for a jury trial and the hiring of a kick-ass legal team, and you can see that Google is not taking any chances with this case. The request for a jury trial is almost like Google’s safety net – after all, everyone loves Google, and few haven’t enjoyed watching a video on YouTube.