Viacom’s Copyright Suit Against Google’s YouTube Reinstated

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4. Youtube should make a fair use defense on the behalf of their users

They are ignoring the fact that a short 2-4 minute segment of a 30-60 minute show would likely be considered fair use if reviewed by a judge. This should be one of the defenses that youtube uses.

We are a facilitator of the public right of Fair Use your honor. The individual uploaders videos clips are protected by the very copyright laws that the content industry is trying to turn against us. We take prompt action whenever we receive reports of copyright infringement, however we are not in a position to substitute the wishes of the copyright owners for total control, against the clear right of the Internet users under copyright law to make unauthorized use of their content. Here at Youtube we try to strike the same balance that your honor would face when presented with a case of copyright infringement.

Here is the system we have in place for dealing with reports of copyright abuse... Here are the laws that authorize us to use this system...

That would leave the judge with one choice when Youtube files for summary judgment, "Case dismissed"