San Jose, Calif. - Google (NASD: GOOG) has demanded records from anti-piracy firm BayTSP as part of its defense against the $1 billion copyright infringement lawsuit filed by Viacom (NYSE: VIA) over its YouTube site, MarketWatch reported. Google believes the documents will refute Viacom's argument that it is unable to police its own content on YouTube.

The company says the records will in fact show that Viacom has asked BayTSP to ignore the legitimate content it posts to YouTube, while at the same time flagging infringing content for removal.

"BayTSP will possess a trove of documents reflecting this 'viral' or 'stealth' marketing of videos," Google says in the filing, according to MarketWatch.

Google has argued that YouTube is entitled to the safe harbor provision of the Digital Millennium Copyright Act, which says service providers are not liable for infringing materials posted by end users.

YouTube also provides copyright holders with tools to flag unauthorized videos posted by users for removal, as stipulated under the DMCA.

Viacom argues that Google does not do enough to prevent unauthorized copyrighted content from being posted to YouTube, and that it should not have to police the site to request removal of its copyrighted content.

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http://www.baytsp.com