Viacom Replaces Celebrity Lawyer on Eve of YouTube Appeal

Getty ImagesTed Olson The second Circuit Court of Appeals on Tuesday heard Viacom's arguments whya judge wrongfully ignored its billion-dollar copyright violation suit against YouTube. The government courthouse was full of Viacom employees, Google lawyers yet others in costly suits who had proven as much as witness a hearing that may shape the way forward for the web. STORY:Viacom, Google Prepare For Battle in Appeals Court Over YouTube Copyright Issues But there is one individual not attending: Ted Olson, the celebrity attorney from Gibson Dunn & Crutcher who Viacom had hired with much fanfare to deal with its appeal before a 3-judge circuit panel. Around the eve from the hearing, Olson have been changed because the lead litigator by Paul Cruz, chair from the appellate practice at Jenner & Block and the other person in the Viacom team. Why? The Hollywood Reporter attended the hearing Tuesday and spoke with several people within the viewer's gallery who're attached to the situation. Here's the things they stated: EXCLUSIVE: Google Solutions Viacom in YouTube Appeal Within the days prior to the situation, each side carried out mock proceedings to ready with this important appeal. Google's team expressed confidence after watching the meticulous preparation of their lead litigator, Quinn Emanuel's Andrew Schapiro. Meanwhile, while several folks apparently associated with Viacom expressed their very own belief within the situation, the large talk encircled Olson, who, based on one person who stated to possess been aware of the rehearsals, have been changed because of not being adequately ready to discuss a vital problem: how YouTube had derived "direct financial benefit" from hosting copyrighted material on its servers -- among the prongs in creating vicarious liability underneath the Digital Millennium Copyright Act. THR arrived at to Viacom, Olson and also the Gibson firm to describe his absence from Tuesday's hearing and to reply to the chatter within the gallery. ANALYSIS: Viacom's Appeal within the YouTube Situation Gibson rejected to comment. Viacom's general counsel Michael Fricklas informs THR inside a statement: "Ted Olson and the team happen to be and will still be a vital a part of our appellate strategy. I had been fortunate to possess two great appellate lawyers that may argue the situation, and made the decision that Paul Cruz, who had been active in the earliest times of this lawsuit, seems for Viacom today." Olson, the first kind solicitor general from the U . s . States, is among the most prominent lawyers in the united states. His selection of cases involve winning Rose bush v. Gore, the landmark Top Court decision that put an finish to recounts within the 2000 presidential election, and finding some success in Perry v. Schwarzenegger, the situation that challenged the constitutionality of the California ballot proposition barring same-sex partnerships. STORY: Viacom Buddies Back Benefit of YouTube Decision Viacom highlights that although Olson didn't attend the hearing, among his fellow Gibson co-workers was there. But the organization doesn't dispute that the conscious decision is made to possess someone apart from Olson handle dental arguments Tuesday. "Viacom is fortunate to become symbolized by exceptional counsel which includes experienced lawyers from Gibson Dunn, Jenner & Block and Shearman & Sterling," the organization states inside a statement. "Paul Cruz was selected to provide Viacom's arguments today due to his outstanding experience on these problems and the qualifications like a highly respected appellate lawyer." E-mail: eriqgardner@yahoo.com Twitter: @eriqgardner Viacom YouTube