A federal district court in New York has once again granted Google and its subsidiary YouTube summary judgment on Viacom’s claims of copyright infringement. On remand from the Second Circuit, the court again held that the “safe harbor” provision of the Digital Millennium Copyright Act (DMCA) protected the defendants from Viacom’s claims. Responding to specific questions from the Second Circuit, the district court concluded that YouTube was unaware of specific instances of copyright infringement, was not “willfully blind” to such activities, and did not have the right and ability to control infringing activity within the meaning of the DMCA. The case is likely to return to the Second Circuit for Round 4. The district court’s decision that YouTube did not have the right and ability to control infringements seems particularly vulnerable to reversal (again).