The Congress enacted DMCA with the correct policy that to immunize legitimate services like YouTube from copyright liability to respond with the digital world. Viacom threatens the way hundreds of millions of people legitimately exchange information, news, entertainment, and political and artistic expression.
The DMCA does not require that site owners actively monitor content for potential infringement. Under the DMCA’s Safe Harbors Google cannot be held liable for infringing material posted by its users if it takes down the material once it is notified by the rights-holder. YouTube is covered under the DMCA Safe Harbors because it immediately responds to takedown notices.
Conditions for safe harbors: Performs a qualified storage or search function for internet users; Lack actual or imputed knowledge of the infringing activity; Receives no financial benefit directly from such activity in a case where he has the right and ability to control it; Acts promptly to remove or disable access to the material when his designated agent is notified that it is infringing; Adopts, reasonably implements publicizes policy of terminating repeat infringers; Accommodates and does not interfere with standard technical measures used by copyrighted owners to identify or protect copyrighted works.
Google has satisfied all of these conditions.
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