Someone explain me how business works

So everyone and their dogs are talking about how Google will supposedly going to have to give Viacom some 12 TB worth of users' private data.

I'm not entirely convinced that this whole 1 billion dollar lawsuit is going to work out in favor of Viacom. Wouldn't it be better if the two just made an agreement to put Viacom ads on the so called copyright-infringing videos? I mean, seriously, if you don't want people to see your content, don't publish it <_<;