Viacom's general counsel Michael Fricklas said "Does YouTube have "knowledge" of copyrighted material on its site? Does it have the "right and ability to control" the content? Yes and yes. If the public knows what's there, then YouTube's management surely does."
After reading this, I think a flip side of this argument is If the public knows what's there, then Viacom's management surely does. So, Viacom can easily notify Youtube the infringing videos, and Youtube can remove them without causing any damages to both Viacom and Youtube.
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