For the last three years, Viacom’s $1 billion copyright case against YouTube has been litigated in the dark. But the lights have now been turned on: In a stipulation Wednesday, both sides agreed to make public their summary judgment motions and certain related materials, which had been initially filed under seal.
Viacom, which is represented by Shearman & Sterling and Jenner & Block, alleges that YouTube’s business model fosters piracy, through which it built traffic and ultimately sold itself to Google for $1.8 billion. To support its theory, Viacom points to internal e-mails by YouTube’s founders that allegedly show YouTube’s disregard for copyright laws. When they were building their business, for instance, the founders talked of avoiding “the copyright bastards.” They also acknowledged having “truckloads” of copyrighted material on their site.
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