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Dash23

Junior Member
What is the name of your state (only U.S. law)? Massachusetts

Plaintiff is in MA, defendant is a foreign national, under DMCA, the "service provider" (YouTube, LLC) is a Delaware corporation with a principal place of business in California. Seeking injunction to restrain YouTube from re-publishing defendant's copyright-infringing video. A DMCA takedown notice was filed against defendant's video infringing plaintiff's copyright. YouTube removed the video. Defendant filed a counter-notification. Under DMCA, within 10-14 business days of receiving a counter-notification, the copyright holder must send to the service provider a copy of a legal complaint to prevent the hosting site from re-instating the content.

Since this is a "diversity of citizenship" case, I would think US District Court is appropriate, but in these cases, costs to recover must exceed $75,000. However, the plaintiff is not seeking to recover money, only seeking injunction to protect copyright. Is it state superior court?

What say you?

Thanks.
 


Just Blue

Senior Member
What is the name of your state (only U.S. law)? Massachusetts

Plaintiff is in MA, defendant is a foreign national, under DMCA, the "service provider" (YouTube, LLC) is a Delaware corporation with a principal place of business in California. Seeking injunction to restrain YouTube from re-publishing defendant's copyright-infringing video. A DMCA takedown notice was filed against defendant's video infringing plaintiff's copyright. YouTube removed the video. Defendant filed a counter-notification. Under DMCA, within 10-14 business days of receiving a counter-notification, the copyright holder must send to the service provider a copy of a legal complaint to prevent the hosting site from re-instating the content.

Since this is a "diversity of citizenship" case, I would think US District Court is appropriate, but in these cases, costs to recover must exceed $75,000. However, the plaintiff is not seeking to recover money, only seeking injunction to protect copyright. Is it state superior court?

What say you?

Thanks.
Who are you in this situation? Or is this just homework?
 

quincy

Senior Member
What is the name of your state (only U.S. law)? Massachusetts

Plaintiff is in MA, defendant is a foreign national, under DMCA, the "service provider" (YouTube, LLC) is a Delaware corporation with a principal place of business in California. Seeking injunction to restrain YouTube from re-publishing defendant's copyright-infringing video. A DMCA takedown notice was filed against defendant's video infringing plaintiff's copyright. YouTube removed the video. Defendant filed a counter-notification. Under DMCA, within 10-14 business days of receiving a counter-notification, the copyright holder must send to the service provider a copy of a legal complaint to prevent the hosting site from re-instating the content.

Since this is a "diversity of citizenship" case, I would think US District Court is appropriate, but in these cases, costs to recover must exceed $75,000. However, the plaintiff is not seeking to recover money, only seeking injunction to protect copyright. Is it state superior court?

What say you?

Thanks.
Is your copyright registered with the US Copyright Office?

You can seek an injunction to prevent your copyrighted work from being restored to its place online and you can file a copyright infringement lawsuit against your infringer, this in the US Federal Court as stated on the counter notice - e.g., "I consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located (if in the US, otherwise in [the District] where [the service provider] is located), and I will accept service of process from the person who provided the DMCA notification or an agent of that person."

Only federal courts have subject matter jurisdiction over copyright infringement claims. See 28 USC 1338(a).

Counter notices are not all that common unless the alleged infringer really believes s/he has not infringed. Most true copyright infringers will simply allow the material to be removed (and perhaps find another place to publish it).

Chapter 5, Circular 92, Section 512: https://www.copyright.gov/title17/92chap5.html#512
 
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