Mishiyev

Mishiyev v. Alphabet, Inc.

Good Law
United States District Court, Northern District of CaliforniaMarch 13, 20203:19-cv-05422California2,982 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

ERIK MISHIYEV, Plaintiff, No. C 19-05422 WHA

v.

ALPHABET, INC.; XXVI HOLDINGS, ORDER DISMISSING ACTION

INC.; GOOGLE, LLC; YOUTUBE, LLC;

YOUTUBE ENTERTAINMENT STUDIOS, INC.; and DOES 1 through 10, inclusive, Defendants.

17 INTRODUCTION In this action arising out of defendants’ allegedly wrongful removal of plaintiff’s videos from defendants’ video-sharing website, defendants move to dismiss. Because the parties’ agreement expressly authorized the allegedly wrongful conduct, as well as for other reasons stated below, the motion is GRANTED. STATEMENT Defendant YouTube, LLC, operated a popular video-sharing website of the same name through which users could post and view video content. YouTube allowed users to upload or view videos for free, in exchange for a nonexclusive license to host users’ videos. Certain users could make money from their videos through YouTube’s…

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