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Google says Viacom is abusing DMCA

31 March 2007 14:16 by James "Dela" Delahunty

Google says Viacom is abusing DMCA Google Inc. has fired back at Viacom in the ongoing war of words between both. Managing Counsel Michael Kwun has called Viacom's $1 billion lawsuit against YouTube, "an attack on the way people communicate on the Web and on the platforms that allow people to make the Internet their own," adding that Viacom is abusing the Digital Millennium Copyright Act (DMCA).

The DMCA provides a "safe harbor" for web hosts who comply with takedown notices and remove infringing content on request. Kwun said that if Viacom wins in court, it would "place the burden on hosting platforms" and "would turn the DMCA on its head." He also said that Viacom's lawsuit has no basis in law.

He pointed out that Google previously complied with requests made by Viacom to remove about 100,000 videos from YouTube. Later on however, YouTube rescinded some of those requests over confusion whether they actually infringed and Kwun has argued that Viacom was attempting to force YouTube to make such a decision.

"Fortunately, the law is clear, and on our side," he concluded.

Source:
Betanews

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