Google, Viacom Reach Agreement That Protects Users' Privacy

NEW YORK — In a move that breaks a previous stalemate, Google will hand over extensive YouTube traffic information to Viacom while taking steps to keep user information and activity private.

The agreement between the two tech giants is the latest development in a $1 billion copyright infringement lawsuit that Viacom filed against Google. The suit contends that Google breached copyright laws because so many YouTube users have watched copyrighted content. Viacom owns Paramount and MTV.

A federal judge had originally ordered Google to turn over massive amounts of user information, including usernames and all activity. Google refused to turn over the information, arguing that doing so would compromise user privacy.

Viacom eventually bowed to an online outcry against its request and agreed to let Google replace sensitive information like usernames with anonymous, unique identifying codes.

The key language from the decision, available for download below, is as follows:

"When producing data from the Logging Database pursuant to the Order, Defendants shall substitute values while preserving uniqueness for entries in the following fields: User ID, IP Address and Visitor ID. The parties shall agree as promptly as feasible on a specific protocol to govern this substitution whereby each unique value contained in these fields shall be assigned a correlative unique substituted value, and preexisting interdependencies shall be retained in the version of the data produced. Defendants shall promptly (no later than seven business days after execution of this Stipulation) provide a proposed protocol for this substitution. Defendants agree to reasonably consult with Plaintiffs’ consultant if necessary to reach agreement on the protocol."

One important question in this case remains unanswered, though. Viacom had specifically requested information on the uploading activity of YouTube's employees, hoping to demonstrate that the company had knowingly sponsored copyright infringement. No word has emerged on whether this agreement will protect the uploading activity of YouTube's employees.

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