Schneider v. YouTube, LLC

Background

Pirate Monitor Ltd. (PML) had previously been a plaintiff in the case but dismissed all of its claims against YouTube and Google with prejudice. YouTube then filed counterclaims against PML, Pirate Monitor LLC, and Gabor Csupo for breach of contract, fraud, and violation of Section 512(f) of the Digital Millennium Copyright Act (DMCA). PML and Csupo moved for summary judgment on the counterclaims.

Pirate Monitor LLC

The counterdefendants argued that Pirate Monitor LLC did not exist, and YouTube acknowledged that point. The court dismissed Pirate Monitor LLC as a party in all respects.

Contract and Fraud Counterclaims

The court stated that YouTube did not substantively oppose PML and Csupo’s challenges to the breach-of-contract and fraud counterclaims. The parties’ pretrial filings also indicated that YouTube did not intend to pursue those claims. The court dismissed the contract and fraud counterclaims without prejudice.

DMCA Counterclaim

The court denied summary judgment on YouTube’s counterclaim under 17 U.S.C. § 512(f)(1). That provision can impose liability when someone knowingly misrepresents in a DMCA takedown notice that material or activity is infringing. The court noted that YouTube’s counterclaim alleged that PML and Csupo made such misrepresentations.

The court identified numerous genuine disputes of material fact. For example, Csupo testified that he had nothing to do with submitting the notices and that an associate misunderstood his instruction to remove videos after YouTube froze certain accounts. YouTube responded that the notices included Csupo’s name, electronic signature, phone number, and home address, and that they were submitted before the accounts were suspended. The parties also disputed whether PML was Csupo’s alter ego or was otherwise vicariously liable for violations of Section 512(f).

Because these factual disputes required resolution by a jury, the court denied summary judgment on the DMCA counterclaim. The order did not decide whether PML or Csupo ultimately violated the DMCA. Judge James Donato stated that the case was on the eve of a jury trial and that a jury would need to decide the disputed issues.