By Chad Bray
Of DOW JONES NEWSWIRES
NEW YORK -(Dow Jones)- A federal judge has denied a request to force Google Inc. (GOOG) and Google's YouTube unit to turn over the computer code at the heart of their search functions in a $1 billion copyright-infringement lawsuit by Viacom Inc. (VIA VIAB).
In an order Tuesday, U.S. District Judge Louis L. Stanton in Manhattan granted Google's request for a protective order barring the disclosure of the source code, which controls the YouTube.com search function and Google.com's Internet search tool.
Google has contended the source code is a trade secret and can't be disclosed without risking the loss of business.
"YouTube and Google should not be made to place this vital asset in hazard merely to allay speculation," the judge said. "A plausible showing that YouTube and Google's denials are false, and that the search function can and has been used to discriminate in favor of infringing content, should be required before disclosure of so valuable and vulnerable an asset is compelled."
The judge said no evidence had been offered that the search function "can discriminate between infringing and non-infringing video." There may be other ways to show that filtering technology is feasible and reasonably could have been put in place, the judge said.
The judge also denied a request to compel Google to produce electronic index data for its advertising and Google Video Content databases and to compel YouTube to produce source code for its "Video ID" program, which allows copyright owners to furnish YouTube with video reference samples to help track down infringing videos.
Viacom sued Google and its YouTube unit last year for copyright infringement after discussions failed on licensing Viacom content for use on YouTube.
The Football Association Premier League Ltd. and Bourne Co. have sued Google in a related copyright action, which is seeking class-action status.
The judge did grant a request to compel production ofvideos that had been removed from YouTube and data concerning each time a YouTube video is viewed.
- Chad Bray; Dow Jones Newswires; 212-227-2017; chad.bray@dowjones.com
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(END) Dow Jones Newswires
July 02, 2008 18:33 ET (22:33 GMT)