Viacom has already failed in this lawsuit. If YouTube can prove conclusively that Viacom uploaded the videos then tried to sue YouTube then there is no way they can win.
Is that really a defense, outside the court of public opinion? Not every Daily Show clip was uploaded by Viacom, and it's not infringement when Viacom does it.
I think what this case highlights best is the power of a little bit for free. Viacom knew that user uploaded clips on YouTube was a valuable marketing strategy, despite being at odds with current copyright law and potentially hurting the strength of copyright in the long run.
I hope this lawsuit goes on because Hulu was obviously an created for the purposes of the lawsuit. I.e., it was created to destroy the argument that the content companies brought this on themselves because they are slow to innovate and to bring their content to the net where their clients want to see it.<p>When this lawsuit ends, Hulu will likely switch to a pay model for many shows.
link to the document released by TechCrunch pertaining to the case
<a href="http://techcrunch.com/2010/03/18/read-the-just-unsealed-documents-from-the-youtubeviacom-case-here/" rel="nofollow">http://techcrunch.com/2010/03/18/read-the-just-unsealed-docu...</a>