In its statement, Viacom downplayed Google's complaints. "The statements by Google regarding Viacom activities are merely red herrings and have no relevance on the legal facts of this case," the statement reads.

Viacom paints a picture in which YouTube built its popularity through the brazen use of illegally copied and uploaded videos, an approach that didn't change after it was acquired by Google.

"Google and YouTube had the technology to stop infringement at any time but deliberately chose not to use it. They would only offer to protect Viacom's content if Viacom agreed to license those works, effectively holding copyright protection as ransom for a license," Viacom said.

Google has no right to seek shelter for YouTube under the DMCA provisions, according to Viacom. "The Supreme Court unanimously in [MGM Studios versus Grokster] that a service that intends infringement is liable for that infringement. No case has ever suggested that the DMCA immunizes rampant intentional infringement of the sort Google and YouTube have engaged in," Viacom said.