District Court Judge Grants Google Motion to Dismiss in DMCA Case

U.S. District Court Judge William Conley for Western Wisconsin granted Google’s motion to dismiss a Digital Millennium Copyright Act (DMCA) lawsuit brought by BlueType and its Gelbooru/Gelcom anime creator website, said a Friday opinion and order (docket 3:21-cv-00320) in U.S. District Court for Western Wisconsin in Madison. Plaintiffs claimed Google’s wrongful “interference with business contracts” affected Gelbooru revenue. Google received multiple DMCA takedown notices from defendants “Does 1 and 2” claiming certain contact on Gelbooru infringed their copyright, and Google forwarded the notices to plaintiffs. Plaintiffs allege Google failed to comply with Rule 512 strictures by redacting contact information from the original notices, failing to restore the disputed content within 10 to 14 business days of receiving plaintiffs’ counter notices, and failing to forward their counter notices to senders. Plaintiffs have until April 28 to file an amended complaint meeting certain requirements, including exhibits to the amended complaint with takedown notices they allege are false, said the order, or the court will dismiss the case. “Even if Google did not follow the procedure entitling it to a safe harbor defense in this case, the effect is disqualifying it from that defense,” not creating liability under Section 512 of the DMCA for violating plaintiffs’ rights, the order said.