Viacom has a point, whether you like it or not
The predictable reaction to the Viacom/Google lawsuit among bloggers has been one of disdain.
My friend and erstwhile employer Om Malik says Viacom missed the boat, just look at the MTV traffic numbers compared to YouTube. I'm sorry Om, that's a specious comparison. Even despite the fact that MTV built a bloated site that doesn't take advantage of usability guidelines, the video-viewing populace doesn't go there because they can find MTV + everything else on YouTube. So arguing that MTV fails in comparison to YouTube is like saying a Ford dealership fails because they don't sell Honda, Toyota and Mitsubishi, too.
Cynthia Blumfield at IP Democracy has an interesting point: Viacom's lawsuit doesn't even mention the DMCA. I'm going to assume the elision was purposeful. The DMCA will inevitably be a part of the proceedings -- if we get to that point -- but the complaint's true power comes from Viacom's description of how YouTube purposefully interferes with a copyright holder's interests. (For an overview of the argument, see here.) DMCA or no DMCA, Google/YouTube obviously practice a double standard when it comes to policing copyrighted works.
Viacom's approach also takes advantage of the copyright infringement standards set forth in the MGM v. Grokster case. Viacom's saying that YouTube, through various obfuscatory methods (such as limiting a copyright owner's ability to find copyrighted works) is directly contributing to its users' infringement.
