Sosa
Andrew Dayne Sosa v. AT&T, et al.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ANDREW DAYNE SOSA, Case No. 25-cv-01310-WHO
Plaintiff,
ORDER GRANTING MOTIONS TO
v. DISMISS
AT&T, et al., Re: Dkt. Nos. 57, 59 Defendants.
Plaintiff Andrew Sosa filed suit against defendants Warner Brothers and YouTube for their conduct in taking down Sosa’s video review of a Batman movie because it violated Warner Brothers’ copyrights. His sole claim against YouTube under the Unfair Competition Law (“UCL,” California Business & Professions Code § 17200 et seq.)) is preempted and YouTube is otherwise immune under Section 230 of the Communications Decency Act, 47 U.S.C. § 230, requiring dismissal. Sosa makes the same claim against Warner Brothers, which must be dismissed, but also asserts under Digital Millenium Copyright Act (“DMCA,” 17 U.S.C. § 512(f)) that its takedown notice was improper because his review was either did not violate any of Warner Brothers’ copyrights or was obviously fair use. He is missing facts…