Viral DRM LLC v. Francisco Morante Fuentes

BACKGROUND

21 Viral DRM alleges Francisco Morante Fuentes operates the YouTube Channel 22 FULLTOPS. (Dkt. No. 42 at ¶ 25.) Defendant is alleged to have “downloaded Viral DRM’s 23 Works, [] edited the Works, removed Viral DRM’s copyright management information, and then 24 uploaded infringing versions of Viral DRM’s Works to YouTube.” (Id. at ¶ 27.) Defendant did so 25 “to advertise, market and promote their YouTube channel, grow their YouTube channel subscriber 26 base, earn money from advertising to their YouTube subscribers, and engage in other money- 27 DRM notified YouTube and Defendant of the allegedly infringing behavior by filing DMCA take- down notices, but Defendant responded with false and misleading information. (Id. at ¶¶ 44-45.) After filing this action, Plaintiff was granted leave to subpoena Google to obtain information sufficient to identify the individual operating Defendant’s YouTube channel. (Dkt. No. 20.) Plaintiff now seeks leave to serve Defendant through alternative email service to the email address Google provided in response to the subpoena as well as by website posting. (Dkt. No. 47.) Plaintiff contends “allowing…