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.
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.