Mishiyev

1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7

NORTHERN DISTRICT OF CALIFORNIA

8

9

10 ERIK MISHIYEV, 11 Plaintiff, No. C 19-05422 WHA

12 v.

13 ALPHABET, INC.; XXVI HOLDINGS, ORDER DISMISSING ACTION

INC.; GOOGLE, LLC; YOUTUBE, LLC;

14 YOUTUBE ENTERTAINMENT STUDIOS, INC.; and DOES 1 through 10, 15 inclusive, 16 Defendants.

17 18 INTRODUCTION 19 In this action arising out of defendants’ allegedly wrongful removal of plaintiff’s videos 20 from defendants’ video-sharing website, defendants move to dismiss. Because the parties’ 21 agreement expressly authorized the allegedly wrongful conduct, as well as for other reasons 22 stated below, the motion is GRANTED. 23 STATEMENT 24 Defendant YouTube, LLC, operated a popular video-sharing website of the same name 25 through which users could post and view video content. YouTube allowed users to upload or 26 view videos for free, in exchange for a nonexclusive license to host users’ videos. Certain 27 users could make money from their videos through YouTube’s…