Superama Corporation, Inc. v. Tokyo Broadcasting System Television, Inc.

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS AUG 1 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

SUPERAMA CORPORATION, INC., DBA No. 23-55001 U.S.A. Sumo, a Nevada Corporation, D.C. No. Plaintiff-Appellant, 2:22-cv-00299-MWF-JC

v.

MEMORANDUM*

TOKYO BROADCASTING SYSTEM

TELEVISION, INC.,

Defendant-Appellee.

Appeal from the United States District Court for the Central District of California Michael W. Fitzgerald, District Judge, Presiding

Argued and Submitted July 9, 2024 Pasadena, California

Before: GRABER, N.R. SMITH, and NGUYEN, Circuit Judges. Partial Concurrence and Partial Dissent by Judge GRABER.

Superama Corp. appeals the district court’s dismissal of its complaint against

Tokyo Broadcasting System Television, Inc. (“TBS”) for lack of subject matter

jurisdiction. Superama claims that TBS circumvented technological measures that

effectively controlled access to its copyrighted work, in violation of the Digital

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Millennium…