That's the question that is being dealt with. All this other stuff has just been interesting philosophical discourse.
Viacom is guilty in this case BUT it needs to be made clear this has nothing to do with the Viacom vs Google case. Google can't go "Oh, well look what Viacom is doing so now we're even!". Google should be paying money to Viacom for using their content, and then Viacom should be turning right around and paying the people they stole content from.
Of course, none of this happen. Viacom and Google will have an under-the-table deal and nothing will ever come of Viacom taking content from others. Big business for the win!