Laura McQuade | Bloomberg Law Shropshire v. Canning, No. 10-CV-01941, 2011 BL 215882 (N.D. Cal. Aug. 22, 2011) In a copyright infringement action involving the posting of an allegedly infringing video on YouTube, the U.S. District Court for the Northern District of California mostly denied defendant's motion to dismiss. The court found that plaintiff, the singer and co-owner of the song, "Grandma Got Run Over By a Reindeer," alleged an act of infringement that was "not wholly extraterritorial," in that the video featuring his song was posted by a YouTube user in Canada, but stored on servers in California. Shropshire at 8. In so holding, the court decided to follow the Federal Circuit's reasoning in Litecubes, LLC v. Northern Light Products, Inc., 523 F.3d 1353 (Fed. Cir. 2008), by treating the issue of extraterritoriality as an element of a copyright infringement claim rather than as a matter of subject matter jurisdiction. The court dismissed plaintiff's claim of misrepresentation under the Digital Millennium Copyright Act ("DMCA"), but only as to certain of Shropshire's allegations.
Shropshire Alleges Infringement of "Grandma Got Run Over By a Reindeer"
Extraterritoriality Is an Element of the Claim, Not an Issue of Subject Matter Jurisdiction
Plaintiff Alleged an Infringement That Was Not Wholly Extraterritorial
Shropshire's Misrepresentation Claim Under the DMCA Dismissed As to Certain Allegations
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