A recently-released exchange of letters between the parties in the Viacom v. YouTube copyright suit has led to reports that "Both sides have asked a federal court for summary judgment." That's jumping the gun. Neither party has yet filed summary judgment motions. As the letters make clear, all that has happened is that the parties have informed Judge Stanton (as is required by the local rules) that they intend to move for summary judgment, and provided very brief summaries of the grounds on which they will move. Judge Stanton directed the parties to come up with a briefing schedule, subject to court approval. I suspect we will see the motions themselves sometime in the next few months.
Believe me, when the parties actually do move for summary judgment, we will know it; the filings will include hundreds, maybe thousands, of pages of evidence in support of their arguments about the applicability vel non of the DMCA's safe harbor for "infringement of copyright by reason of the storage at the direction of a user of material that resides on a system or network controlled or operated by or for the service provider." 17 U.S.C. § 512(c)(1). And we'll also get a look at evidence reportedly showing that YouTube employees themselves uploaded infringing videos to the site. Such activity would not be protected by the safe harbor, because it was done not "at the direction of a user" but by the operators of site itself.