The point that you are making was explained in detail by some fellow in a post titled "Maybe Google Wanted to be Sued: YouTube and Plan B" http://www.michiknows.com/2007/03/14/maybe-google-wanted-to-be-sued-youtube-and-plan-b/

The post is really thought provoking and got Digged, slashdotted and reddited.

Do give it a look