Henniker

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 VIRAL DRM LLC, Case No. 24-cv-06354-WHO

Plaintiff,

ORDER ON MOTION TO DISMISS

v. 9 Re: Dkt. No. 24 SEVEN WEST MEDIA LIMITED, Defendant.

Plaintiff Viral DRM accuses defendant Seven West Media Limited (“Seven West or defendant”) of copyright infringement under 17 U.S.C. § 501, removal or alteration of CMI in violation of the Digital Millennium Copyright Act (“DMCA,” 17 U.S.C. § 1202(b)), and falsification of CMI in violation of the DMCA (17 U.S.C. § 1202(a)). Complaint (“Compl.”) [Dkt. No. 1] ¶¶ 47-69. Seven West moves to dismiss, arguing that Viral DRM does not have standing to sue under the Copyright Act or the DMCA. See Motion to Dismiss (“Mot.”) [Dkt. No. 24]. Although Viral DRM lacks standing under the Copyright Act because it is not the legal owner or exclusive licensee of the right to sue for infringement of the copyrights in question, it has shown injury sufficient to state a claim under the DMCA. For those reasons, as explained below, the motion is…