Viacom v. YouTube

YouTube is a very convenient web tool for people to share the information and convey the message all over the world. It already becomes a popular database platform for nowadays human being. However, when Viacom brought an action against YouTube for copyright infringement, this makes people have to think more deeply. Constitution encourages authors to promote the progress of science and useful arts and confers exclusive rights to copyright owners to reap their benefit. However, the Court in Betamax case pointed out that legitimate rights of copyright owners cannot restrict the innovation of technology where the technology is substantial non-infringing use. According to the safe harbor clause in DMCA, YouTube can get statutory protection if it can promptly remove or disable access to infringing works soon after it is notified by the copyright owner. However, from the record provided by Viacom, if YouTube tries to remain the infringing work in order to make traffic, such intention of YouTube will be liable for inducing copyright infringement. From my point of view, if YouTube has known or has actual knowledge of the existing infringing work in its website and reluctant to remove them, YouTube should be liable for copyright infringement.