Song Fi Inc. v. Google, Inc.

ORDER GRANTING MOTION TO DISMISS AND DENYING MOTION FOR PARTIAL SUMMARY JUDGMENT

I. INTRODUCTION

This case concerns the removal and relocation of a music video, “Luv ya Luv ya Luv ya” (or simply “Luv ya”), on Defendant YouTube’s 1 video-sharing website. Plaintiffs Song fi, Inc., a music production company, N.G.B., a six-year old boy, his parents, Joseph Brotherton and Lisa Pel-legrino,’and the Rasta Rock Opera, a music group, worked together to conceive, record, and produce “Luv ya,” and post it on YouTube. Plaintiffs allege that when YouTube removed its video, because (at least according to a notice posted in the video’s place) its “content violated YouTube’s Terms of Service,” YouTube violated consumer protection laws, breached express or implied contracts, and committed both libel and tortious interference. See ECF No. 13 (“FAC” or “Complaint”) at ¶ 34.

Now before the Court are several potentially dispositive motions. First, YouTube moves to dismiss the Complaint, arguing Plaintiffs’ claims are barred by the Communications Decency Act, 47 U.S.C. Section 230 (c)(2)(A), or contract. ECF No. 26 (“MTD”). Plaintiffs oppose the motion to dismiss, ECF No. 37 (“MTD Opp’n”), and have…