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“Viacom v. Google Part 1: Google Says Viacom ‘Covertly’ Put Its Own Clips On YouTube

A trove of documents were unsealed in the long-running $1 billion copyright infringement suit Viacom (NYSE: VIA) filed against YouTube. We’re sorting through them now. In the meantime, here are some highlights:

—Google (NSDQ: GOOG) contends that Viacom in fact “overtly and covertly” uploaded to YouTube “thousands” of the company’s own clips in order to market them, using its own employees and as well as an “army of third-party marketing agents” to do so. In order not to be linked back to Viacom, the “agents” used names like ‘MysticalGirl8,’ ‘Demansr,’ ‘GossipGirl40’ and ‘Snackboard,’ while Viacom employees went to non-company locations—like Kinko’s—to upload the clips. Google says that “Viacom’s efforts to hide the source of the content it cause to be posted on YouTube were too good” and in fact some of the clips Viacom is suing YouTube for hosting were uploaded by the company.

—Viacom also decided not take down “thousands upon thousands” of clips from the site, Google says. For instance, when at one point Viacom found 316 clips from South Park on the site, it decided to take down only one and “pass” on the others.

—Google also says that while Viacom has described YouTube as a ‘pirate’ site, it in fact tried, unsuccessfully to buy it in July 2006 because the company’s “best minds” decided that it would be a “transformative acquisition. The company also tried to negotiate a content-partnership agreement with YouTube but was unable to do so.

YouTube Photo: Corbis

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Posted In: Legal, Companies, Google, YouTube, Viacom

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