After losing it’s original copyright case, US entertainment monolith Viacom are heading to the appeal court to appeal its billion-dollar copyright lawsuit loss against YouTube.

The video giant which is owned by Google after a buyout for $1.65 billion in 2006, won the original case with the presiding judge declaring that YouTube was on the right side of the law, and operating within a “safe harbor” provision of the DMC (Digital Millennium Copyright Act) due to the fact pirated content was quickly taken down after notification.

Viacom submitted a 72-page appeal on Friday claiming they should have won the case as Youtube could have better controlled the “rampant” posting of copyrighted videos, but did not because basically they benefited from additional traffic. Viacom also claim that the video site is operating outside legal bounds to grow traffic quickly in the hope they could sell the website for a better price.

Back in 2007, Viacom had sued Google and YouTube for a billion dollars disputing that they allowed pirated video clips to be posted on its website for popularity.

In its appeal Viacom may have it’s work cut out winning the case as Google claims to have toughened up against piracy after the original lawsuit. It currently uses audio and video identification tools to seek out unlawful uploads. Google recently said they were getting tougher on piracy, including much quicker takedowns.

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