As part of the discovery process in its $1 billion lawsuit against YouTube, Viacom asked for an astonishing array of information: the source code for the search functions that power Google and YouTube, the source code for YouTube's new "Video ID" program, a complete set of every video ever removed from the site, databases containing information on every video ever hosted at YouTube, and a copy of every private video. The judge has now ruled, saying no, no, yes, yes, and no. Even with the limited discovery, some poor drone at YouTube can now look forward to weeks of copying information onto Viacom-provided hard drives.

Search source code



Source code disclosure for search functionality was an easy call to make. Google insists that its algorithms are the product of more than "a thousand person-years of work" and remain a vital trade secret, and the judge agreed. Viacom is trolling for evidence that Google/YouTube purposefully modified their algorithms to give preference to infringing work on YouTube, work that would apparently be more attractive to site visitors than videos of a two-year old snorting peas up his nose.

The judge notes, though, that Viacom has no evidence for the belief and says that "YouTube and Google should not be made to place this vital asset in hazard merely to allay speculation." Google 1, Viacom 0.

Video ID source code

YouTube's recent Video ID system receives similar analysis. The code (the product of a mere 50,000 worker hours of engineering time) scans incoming videos against a database of video fingerprints; matches are flagged for human follow-up.

Viacom wants the code so that it can show YouTube what it "could be doing" to stop infringement; in other words, Viacom will offer engineering advice to YouTube on how to design its systems. Ruling? "The notion that examination of the source code might suggest how to make a better method of infringement is speculative." Google 2, Viacom 0.

Removed video clips

But Viacom did better when it came to accessing YouTube's massive databases. The first database requested contains all videos ever removed for any reason, which Viacom hopes will show just how many infringing videos YouTube has hosted over the years. The massive database will "require a total of about five person-weeks of labor without unexpected glitches, as well as the dedication of expensive computer equipment and network bandwidth." The total number of videos here is "intimidating," wrote the judge, but he granted Viacom's request anyway.

Logging database

Next up is a 12TB database containing logging information on every video ever watched at YouTube. Viacom wants to see just how often infringing clips were viewed, then compare this against noninfringing ones to prove its contention that YouTube, in the early days, was an engine powered mostly by the gasoline of illegal content. The database will also show which username and IP address watched every video, a move with potential privacy implications.

The data set is large, but the judge noted that it could be slapped on three "over-the-shelf" 4TB drives. Request granted, score tied at 2-2.

Private account videos



Finally, Viacom wanted a copy of every video ever put up in a private account, hoping to show that these were a hotbed of piratical activity. The judge said no, finding that disclosure of these non-public files would fall afoul of the Electronic Communications Privacy Act. Companies like YouTube cannot reveal such data stored on behalf of their users, even in a civil suit.

Viacom certainly swung for the fences with its discovery requests, but it appears to have hit a double off the back wall instead. The logging database and the complete set of removed videos should serve as a steroid injection that Viacom can use next time it steps up to the plate.

YouTube continues to insist that it is protected by the DMCA's "safe harbor" provisions. Judging by the rate of progress in the case so far, we may know whether that's accurate at some point in 2010.