To promote the film Tropic Thunder, Viacom created a funny video with stars Ben Stiller, Jack Black, and Robert Downey Jr. for the obvious purpose of creating some viral buzz. Because the video was genuinely entertaining, it became popular on several video sites, including YouTube. But Viacom has a pesky $1 billion lawsuit against YouTube. So Viacom sent a DMCA takedown notice to YouTube, but left the video up on other sites, like FunnyorDie.com.

I’m no lawyer (but I play one on my blog), but Viacom may have to keep its videos off YouTube for the risk that they prove to be a good thing, not a liability like the company claims. That would explain why Viacom is letting other sites keep the video - YouTube, for the purposes of its lawsuit, is to blame for any falling revenue or profits because of its disrespect of copyrights. If it’s discovered that disrespect of copyrights helps promote other parts of Viacom’s business, Viacom’s case would be weakened.

Techdirt theorizes Viacom never wanted this lawsuit to happen - it just wanted leverage in business negotiations with Google. Unfortunately for Viacom, Google wants to fight this case to make sure precedent is set to protect itself and other websites from these silly lawsuits.

Video embedded after the jump.