tombo

Google vs. Viacom: Google's Strategy

"The issue for the judge–assuming this ongoing spat gets before a jury–will be to decide who creates YouTube’s content"

I doubt that. I think that everyone knows who creates the content in question. It's Viacom.
The question is what are Google's obligations under DCMA as far as preventing the content from getting on Youtube in the first place. Per the DCMA, you don't need to do anything to prevent someone from posting copyrighted material. You just need to take it down once you get informed of the problem.
What Viacom will argue is that with so many different users uploading their shows, Google must do more than just take them down after they find them. Otherwise Google is effectively making money off Viacom's content.