Anthony Falzone, Executive Director of the Fair Use Project at Stanford Law School, is quoted in this article about Viacom's $1 billion lawsuit against YouTube:

"The suit could lead to changes in the digital copyright law's safe harbor provisions."

"Safe harbor protections could be lost in some situations where you are profiting from copyrighted content," Falzone said. "Viacom claims the mere fact that YouTube sells ads means that it's profiting directly from [Viacom's] content. I think that goes a little too far - YouTube advertising isn't tied to particular content."