> Viacom wants the data to prove that infringing material is more popular than user-created videos, which could be used to increase Google's liability if it is found guilty of contributory infringement.

Okay, what the fuck?? This is a complete non-sequitur. If the problem is that Youtube are hosting it, the relative popularity of said videos in comparison to others has absolutely fucking nothing to do with anything. They are liable only if they refuse to remove it upon request, it shouldn't matter how popular it an other types of videos on the site are.

Besides, this is Google we're talking about. Couldn't they just host Youtube in DMCA-free countries?

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Actually, in this case, Google WANTS the DMCA to hold.

The DMCA, despite the fact that it is a terrible act, includes compromises.
One of those compromises is the so-called "safe-harbour" provisions, which make a site-owner
not legally responsible for copyrighted content uploaded to their servers provided that it
isn't the sole purpose of the site's existence and the site owner immediately acts to remove offending content
if the owner of the content notifies them to.

Google/Youtube have been very diligent, or at least tried to be, at taking down content when requested.
Viacom's case probably depends upon proving that, if Youtube is mostly used for the distribution of copyrighted content, then they argue that the safe
harbor provisions don't apply, and then Google is liable. They are trying to find a way AROUND the DMCA protections to get at Google directly.
Without the DMCA, this case wouldn't have even gotten to court, because they could just say "Look, it's on your servers, the law says thats illegal. Settle or we will rape you"

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Talk about the ultimate irony…
Then again, if CP sites can find countries to operate from without facing problems, surely Google could find one where being sued for copyright infringement wouldn't be an issue? That's what the Pirate Bay are apparently planning to do.

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