Viacom's basic allegation and Google's defense remain in place, and as the judge ponders the court's next decision, the companies are trying to make each other look as bad as possible.

For example, Levine alleges that Viacom, prior to filing its lawsuit, engaged in dirty practices to bolster its case, such as secretly uploading Viacom content to YouTube and making it seem as if the actions were being undertaken by regular users.

"[Viacom] hired no fewer than 18 different marketing agencies to upload its content to the site. It deliberately 'roughed up' the videos to make them look stolen or leaked. It opened YouTube accounts using phony e-mail addresses. It even sent employees to Kinko's to upload clips from computers that couldn't be traced to Viacom," Levine wrote.

At the same time, Viacom also uploaded some content officially because it wanted to have it there for promotional purposes, thus making it impossible for YouTube to figure out which uploads were legitimate and which weren't, according to Levine.

"The legal rule that Viacom seeks would require YouTube -- and every Web platform -- to investigate and police all content [that] users upload, and would subject those web sites to crushing liability if they get it wrong," she added.