YouTube (under it's current ownership of Google, Inc) is not engaged in piracy for commercial purposes. There is a small percentage of user uploaded content that is infringing and YouTube removes that material upon notice by the copyright holder. YouTube licenses and pays royalties on much commercial content also.

The YouTube argument of the Viacom v. Google case is not only irrelevant to this instant matter (of the proposed legislation) but also in effect a "red herring" argument ...