YouTube has always made clear, in the terms and conditions (that people rarely read), that infringement of other peoples' copyright will result in their account being suspended, the content removed and the member being exposed to legal action.

The sole exception to this is 'fair use' which YouTube doesn't try to explain. It refers readers to third party sources.

It urges people to create completely original material to avoid any accusation of copyright infringement. Which is all very well but it fails to take into account the reality that many people with the urge to put something on line lack the talent to create original material.

Today, Viacom failed to reach an accommodation with YouTube and asked it to take down 100,000 videos containing copyright material.

The row has been rumbling on for months. Since before Google bought YouTube and well before YouTube announced that it planned to share advertising revenues with uploaders.

Viacom claims that its main concern is that it doesn't want inappropriate ads running against its content. Some kids' stuff really shouldn't be exposed to the risk of an adult advertisement appearing.

This strikes me as a worthy but somewhat dull explanation of its concerns. If I were a content company, I'd be more concerned about the damage to my properties caused by alteration of the content or its contextual setting. I would also be mad as hell that people could so freely steal my material and use it for their own financial gain.

However, let's hope that Viacom has taken into account the fact that a short YouTube movie might well drive viewers to authentic Viacom products for a taste of the real thing.