I think the point is to be a successful company and not get sued.
Getting sued is patently moronic, and being proud of it is more so. Wal-Mart is being sued for 11 billion (and growing), and they make 11 billion profit. If Wal-Mart doesn't get profit for a year it will have to sacrifice 11 billion of assets and put every company around it into a better position. Thus shareholder/stock decrease and a vast loss of capital meaning it'll be harder to recover from.
Wal-Mart can suffer it, probably with some dire consiquences, but it won't disappear, now YouTube:
So far YouTube isn't worth shit. It is yet to turn a profit, and a $1 billion lawsuit means that around 60% of YouTube's capital has to go. Capital = Equipment. YouTube is gone if it loses 60% of itself, not to mention there'll likely be multiple and far larger suits on the way from Sony, Disney, News Corporation and everyone else who wants a chunk and all of those three have a much bigger grivance than $1 billion; precedent means a Judge basically stamps these approved. I'd say easily it would amount to $20 billion as Sony owns Colombia, Tristar and MGM as well as Sony Pictures; that's easily $8 billion right there.
Now you do the math on that, how can youtube even exist when it's about -$19 billion? I'm serious, where does your belief come from that worst case youtube still won't be killed. It'll be a 404 if it loses.
Whilst merely thinking about the future will get you nowhere, never thinking about the future will jeopordize your company to no end. YouTube should have thought ahead, Wal-Mart shouldn't have been sexist pigs... and perhaps you should worry your ass off about Employee Health Insurance, cause I bet Wal-Mart didn't expect a Class Action worth an entire years profit. I don't think you want to lose an entire years profit either, especially when it's your ownly take home money.
So I'm serious, and I'm not missing any point. Think or your company won't last long. The creators of YouTube likely got lucky... if they're not still with the company. And if they are with the company, well Karma is a bitch now isn't it.