A DMCA Section 512(f) Case Survives Dismissal–ISE v. Longarzo (Catch-up Post)

I’m blogging this case now, even though it came out a few months ago, because we see so few 512(f) cases that make any progress at all. At its core, the litigants dispute ownership over a TV show, “The Weekend in Vegas.” ISE posted the video to Amazon. A defendant asked Amazon to remove it, which Amazon did. Among other claims, ISE sued the defendants for violating 512(f), saying the requests to Amazon were improper takedown demands. The court upholds ISE’s 512(f) claim against a motion to dismiss. The court says ISE has standing to sue: “neither copyright ownership nor registration are prerequisites to bringing a section 512(f) action. As an ‘alleged infringer,’ ISE has standing to sue under section 512(f).” On the merits, the court says ISE isn’t required to detail the conversations between the defendants and Amazon: It would make little sense to require a plaintiff suing under section 512(f) to plead –…

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