Feb. 5 Oral Argument Is Set in Yout’s 2nd Circuit DMCA Appeal vs. RIAA

The 2nd U.S. Circuit Appeals Court calendared oral argument for Feb. 5 in Yout’s Digital Millennium Copyright Act appeal against the Recording Industry Association of America, said a text-only docket notice Wednesday (docket 22-2760). Yout contends that the district court improperly granted the RIAA’s motion to dismiss Yout’s DMCA complaint, “erroneously concluding” that Yout’s YouTube-ripping software platform was a circumvention tool (see 2302030005). The RIAA’s argument is that Yout can’t “plausibly plead” it doesn’t violate the DMCA. Both sides asked the 2nd Circuit in May to hold oral argument in the appeal (see 2305190025).