back to article Google asks court to dismiss Viacom suit

Google has said it will defend itself against a $1bn lawsuit filed by media conglomerate Viacom and has asked a judge to throw the case out without a full trial. Viacom is suing Google for copyright infringement over the posting of video clips on YouTube, which is owned by Google. Viacom owns television stations MTV, Comedy …

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Two different cases dealing with two different issues.

There are two different cases. One deals with Google itself taking and making available copyrighted material without its permission and selling its own ad space on those articles.

The second case deals with users of a service provided by Google that allows them to post copyrighted material, which Google when notified needs to have the material removed.

The first deals with the issue of Google knowingly posting copyrighted material. A simple test would be if the Belgian newspaper embeds a copyright tag. Then Google should have known that it was copyrighted as it scanded and cached the article.

The second deals with Google allowing the material to be posted, then only removing the material when faced with a complaint. The only problem is that as soon as one poster's upload is removed, another one is posted.

The simple fact that google could ban a user from posting if he/she posts copyrighted material (by user id, MAC address or IP address),it would reduce the number of posters who are putting up copyrighted material. There are also other things that Google could do as well.

If it were Microsoft doing this, I'm sure the public would be reacting differently.

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