Case 3:20-cv-01602-SRU Document 45 Filed 09/14/21 Page 1 of 35
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`UNITED STATES DISTRICT COURT
`DISTRICT OF CONNECTICUT
`NEW HAVEN DIVISION
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`Plaintiff,
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`v.
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`Defendants.
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`Case No. 20-cv-01602
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`Judge Stefan R. Underhill
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`JURY TRIAL DEMANDED
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`YOUT LLC,
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`THE RECORDING INDUSTRY
`ASSOCIATION OF AMERICA, INC. and
`DOE RECORD COMPANIES 1-10,
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`SECOND AMENDED COMPLAINT
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`NOW COMES THE PLAINTIFF YOUT LLC (“Yout” or “Plaintiff”), by and through its
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`attorneys, Mudd Law, and complains of DEFENDANTS THE RECORDING INDUSTRY
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`ASSOCIATION OF AMERICA, INC. and DOE RECORD COMPANIES 1-10 (collectively,
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`“Defendants”), upon personal information as to the Plaintiff’s own activities, and upon
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`information and belief as to the activities of others and all other matters, and states as follows:
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`NATURE OF ACTION
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`1.
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`This is an action for 28 U.S.C. § 2201 declaratory relief relating to 17 U.S.C. §
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`1201; violation of 17 U.S.C. § 512(f); business disparagement; and, defamation per se.
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`PARTIES
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`2.
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`Yout LLC is a Connecticut limited liability company with its principal place of
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`business in Hartford, Connecticut.
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`3.
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`The Recording Industry Association of America, Inc. (“RIAA”) is a trade
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`organization incorporated under the laws of the State of New York, headquartered in
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`Washington, D.C., and can be served through its Chairman and CEO, Mitch Glazier at 1000 F
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`Case 3:20-cv-01602-SRU Document 45 Filed 09/14/21 Page 2 of 35
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`Street NW, Floor 2, Washington, D.C. 20004.
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`4.
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`The RIAA states that it “supports and promotes the creative and financial vitality
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`of the major music companies.”1
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`5.
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`6.
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`Doe Record Companies 1-10 are member companies of Defendant RIAA.2
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`JURISDICTION AND VENUE
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`Pursuant to 28 U.S.C. § 1331, this Court has original jurisdiction over Yout’s
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`federal declaratory judgment and § 512(f) claims.
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`7.
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`This Court has supplemental jurisdiction over Yout’s state law claims pursuant to
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`28 U.S.C. § 1367.
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`8.
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`As to Yout’s declaratory judgment action pursuant to 28 U.S.C. § 2201, an actual
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`controversy exists within this Court’s jurisdiction.
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`9.
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`Yout has its principal place of business in Connecticut.
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`10. Moreover, a substantial part of the causes of action herein arose in the District of
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`Connecticut.
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`11.
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`Additionally, the Defendants engaged in conduct within Connecticut that
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`benefited them under the laws of this jurisdiction.
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`12.
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`Specifically, the RIAA engaged in efforts to protect it and its members within
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`Connecticut.
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`13.
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`14.
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`In fact, the RIAA filed previous civil actions in the District of Connecticut.
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`The Defendants Doe Record Companies 1-10 conduct business and product sales
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`1 See RIAA website available at https://www.riaa.com/.
`2 The true names of Doe Record Companies 1-10 are unknown to the Plaintiff at the present time and, therefore, the
`Plaintiff sues such Defendants by such fictitious names. Plaintiff will seek leave of Court to amend the Plaintiff’s
`Complaint with Doe Record Companies 1-10 true names and capacities when ascertained.
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`2
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`Case 3:20-cv-01602-SRU Document 45 Filed 09/14/21 Page 3 of 35
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`in the District of Connecticut.
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`15. With respect to Yout, the Defendants knew that it is a Connecticut limited liability
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`company with its principal place of business in Hartford, Connecticut.
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`16.
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`The Defendants directed conduct against Yout knowing the harm of such conduct
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`would be felt by Yout in Connecticut.
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`17.
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`As an example, the Defendants’ directed their conduct toward Yout in the State of
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`Connecticut by publishing takedown notices with the purpose of interfering with Yout’s business
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`operations in the State of Connecticut.
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`18.
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`The Defendants knew that their conduct would cause notices to be sent to Yout in
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`the State of Connecticut
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`19.
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`Thus, the Defendants knew that such and other conduct against Yout (described
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`more fully below) would impact it in the State of Connecticut.
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`20.
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`To be sure, Yout has suffered harm from the Defendants’ conduct in the State of
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`Connecticut.
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`21.
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`22.
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`The Defendants’ intentional conduct has harmed the Plaintiff.
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`Based on the foregoing, an actual controversy exists between Yout and the
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`Defendants in the State of Connecticut.
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`23. Moreover, based on the foregoing, the Defendants are subject to specific personal
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`jurisdiction within the State of Connecticut. As such, this Court may exercise personal
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`jurisdiction over them.
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`24.
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`Further, venue is proper in the District of Connecticut pursuant to 28 U.S.C.
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`§1391(b).
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`3
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`Case 3:20-cv-01602-SRU Document 45 Filed 09/14/21 Page 4 of 35
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`FACTUAL BACKGROUND
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`Internet and Content
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`25.
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`The Internet contains diverse types of content that can be accessed by persons
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`using web browsers and other diverse tools such as email and ftp (file transfer protocol) clients,
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`to name a few.
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`26.
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`This lawsuit involves Internet content that can be accessed using a web browser
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`(“Web Content”) using a unique hyperlink, uniform resource locator (commonly referred to as
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`“url”), or “web address” that directs computing devices to such content, respectively, on the
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`Internet.
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`27.
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`Some Web Content exists behind a pay-wall such that a person can only access
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`the content after paying for the specific content or a broader subscription (eg iTunes).
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`28.
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`This lawsuit does not involve Web Content behind a pay-wall. Rather, this
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`lawsuit involves content publicly accessible to anyone with a web browser and Internet
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`connection.
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`29.
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`At times, hosts or providers of Web Content will encrypt certain content to protect
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`it from unauthorized access.
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`30.
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`31.
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`This lawsuit does not involve any encrypted Web Content.
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`Similarly, this lawsuit does not involve any Web Content that must be
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`descrambled or decoded to view its content.
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`32.
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`As a corollary, this lawsuit does not involve any Web Content that has been
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`hidden from view by use of a cipher or other means of concealing content or meaning.
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`33.
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`Again, quite simply, this lawsuit involves Web Content publicly accessible by
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`anyone with an Internet connection and a web browser.
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`4
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`Case 3:20-cv-01602-SRU Document 45 Filed 09/14/21 Page 5 of 35
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`Yout Platform
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`34.
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`Yout created and operates a service by which a person can enter a url linked to
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`publicly accessible, unencrypted Web Content in certain limited formats and create a personal
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`copy on the person’s computing device.
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`35.
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`In facilitating this service, Yout does not store any of the Web Content on its
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`platform or service.
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`36. When one visits Yout’s website at the domain yout.com, Yout presents a very
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`straightforward homepage that invites a person to insert a url to Web Content.
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`37. When a person pastes a hyperlink into the applicable field, Yout presents options
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`to the person relating to the Web Content:
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`38.
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`If the person seeks only audio content, the person can choose the MP3 format. In
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`such a case, Yout’s software platform facilitates a user preserving an audio portion of streamed
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`sound or video content by storing it locally on the user’s computer in the form of an MP3 file.
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`39.
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`If the person seeks video and audio, the person can choose the MP4 format.
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`40. When choosing either format, Yout provides a selection of qualities from which
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`the person can choose.
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`41.
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`Of the video qualities available, Yout provides HD formats only to those who
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`become paid subscribers.
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`42.
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`43.
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`The large majority of Yout users do not become paid subscribers.
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`In either case, the person obtains a copy of the Web Content stored on their local
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`personal computer. When this occurs, the Web Content originates from source url and becomes
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`saved as a file on the person’s local personal computer.
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`44.
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`As such, the person can thereby listen or view the locally stored content when not
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`connected to the Internet and without the necessity of visiting the website on which the original
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`content resides.
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`45.
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`Yout only facilitates the saving of such Web Content on the person’s local
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`computer.
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`46.
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`47.
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`In essence, Yout allows a user to time shift content.
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`Yout never saves or retains its users’ time-shifted content on its own servers.
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`Diverse Web Content
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`48.
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`A person can use Yout with respect to a wide-range diverse Web Content across
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`multiple platforms.
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`49.
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`As an example, Mudd Law hosts Web Content on the online video platform
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`operated by Google, LLC at the domain YouTube.com (“YouTube”).
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`50.
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`A particular video can be accessed at the url:
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`https://www.youtube.com/watch?v=p7Sgsj4Xb5U:
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`51.
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`52.
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`The particular video provides instruction on how to utilize a government website.
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`A person could use Yout to save this recording on their personal computer for
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`later viewing. For example, before a long flight, a person could store this recording for use
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`without an Internet connection robust enough to provide streaming content.
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`53.
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`Of course, the Defendants focus upon a limited universe of Web Content on
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`7
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`Case 3:20-cv-01602-SRU Document 45 Filed 09/14/21 Page 8 of 35
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`YouTube in which sound recordings owned or licensed by one or more of its member record
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`companies may be heard.
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`54.
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`Putting aside the small percentage of Web Content related to the Defendants on
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`YouTube, much less the Internet, the Web Content on YouTube associated with the Defendants
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`at issue in this Lawsuit can be publicly accessed without the use of any circumvention.
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`No Decryption, Descrambling, or Similar Circumvention
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`Necessary to Download YouTube Content
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`55.
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`As stated above, YouTube is one of the platforms through which Yout enables
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`persons to obtain a local copy of publicly accessible, unencrypted Web Content.
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`56.
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`Although clearly provided in a cleaner and easier format, Yout enables a person to
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`interact with Web Content in a manner enabled by YouTube and popular web browsers.
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`57.
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`Unlike the Digital Rights Management (“DRM”) mechanisms commonly used to
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`encrypt and protect media such as, for example, DVD content, YouTube has no such
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`mechanisms.
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`58.
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`Rather, YouTube content plays on any HTTP user agent with a JavaScript
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`interpreter, not on “authorized players” alone.
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`59. When YouTube provides the content, it is merely checking for a browser with a
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`JavaScript interpreter, and that includes Yout and youtube-dl and thousands of other software
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`programs that have no relationship with YouTube or the record labels.
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`60.
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`By way of comparison, a DVD player has a secret key embedded in it that must
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`be obtained from the rightsholders pursuant to a license, but a browser does not. YouTube
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`doesn’t license browsers to play YouTube.
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`61.
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`Therefore, even if the YouTube player source code is “a process or a treatment,”
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`it doesn’t require “the authority of the copyright owner” as required by the statute because it’s
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`already been provided to everyone in the world.
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`62.
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`If someone accesses YouTube with the web browser Google Chrome (“Chrome”),
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`you can search for and view any number of publicly accessible videos.
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`63.
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`For example, one can search for Taylor Swift and find a number of her music
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`videos.
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`64.
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`If one chooses to view “The Lakes (Original Version),” the music video can be
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`viewed at a specific url.3
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`65.
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`Selecting “View” from the Chrome menu bar on a MacOS system, a menu item
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`exists for “Developer” which has a sub-menu that includes “Developer Tools”.
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`3 The choice of Taylor Swift and “The Lakes” reflects the most sincere appreciation intended of her music.
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`66.
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`Selecting “Developer Tools” opens up several new frames within the browser
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`window.
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`67.
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`From here, we can sort the files listed in the main window by file size in the
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`“Size” column.
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`68.
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`After Chrome sorts the files, we can the highlight the first of the largest files,
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`observe the “Request URL,” and copy it.
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`69.
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`One can then past the “Request URL” into a new Chrome window or tab. Toward
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`the end of the “Request URL” exists a sequence of numbers following the text “range=” that can
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`be modified to begin at 0 and end at a much larger number.
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`70. When one then clicks “return” or “enter” on their computer to access the modified
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`“Request URL,” a full-size video, albeit without sound, appears within the Chrome window and
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`begins to play.
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`71.
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`Additionally, YouTube provides a menu to the right of the play bar identified by
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`three vertical dots that includes a “Download” option.
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`72.
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`By clicking “Download,” YouTube - through the Google Chrome browser - then
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`downloads a file entitled “videoplayback.mp4” that, when opened, plays the full music video
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`(again, albeit without sound).
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`73.
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`If one desires the audio, one need only return to the Developer Tools provided by
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`Google Chrome and, among the large files, search the large files until the length of the Request
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`URL changes to a shorter URL. Following this, the process described above can be repeated
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`which results in the separate audio file that can, again, be downloaded.
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`74.
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`Here, when one selects “Download,” the audio opens in a new browser tab and
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`downloads the file to the local computer. The name of the file on the local computer reflects in
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`the URL window.
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`75.
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`To some, this could appear complicated. But, countless websites provide
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`instructions on how to accomplish this.
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`76.
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`For example, an article in Business Insider entitled “2 easy ways to download
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`YouTube videos onto a computer to watch or share anytime” walks you through the exact
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`process described above. https://www.businessinsider.com/how-to-download-youtube-videos.
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`77.
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`Additionally, hongkiat.com gives detailed instructions for downloading content
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`from YouTube using both Chrome and the Firefox browser at
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`https://www.hongkiat.com/blog/download-youtube-media-without-tools/:
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`78.
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`Likewise, a simple Google search produce countless videos showing how to
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`accomplish this same task using Chrome and other common web browsers:
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`Yout’s Actual Service v. the RIAA’s Accusations
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`79.
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`Yout’s software platform enables a person to complete the process described
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`above, but in fewer steps.
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`80. Many content creators use Yout’s service to record their own original videos.
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`81.
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`Further, many content creators encourage their audience and fans to use Yout to
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`record and play back their original content.
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`82.
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`In fact, the sound recordings the RIAA alludes to (it does not name any specific
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`sound recordings) via its anti-circumvention notices detailed below, represent a very small
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`percentage of the available media on YouTube.
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`83.
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`On October 25, 2019, RIAA, on behalf of Doe Record Companies 1-10, sent an
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`anti-circumvention notice under 17 U.S.C. § 512(c)(3) to Google with the purpose of causing
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`Google to delist Yout’s software platform, rendering it undiscoverable for many Internet users to
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`record content stored on YouTube.
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`84.
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`The October 25, 2019 notice reads as follows:
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`To our knowledge, the URLs provide access to a service (and/or software)
`that circumvents YouTube’s rolling cipher, a technical protection measure,
`that protects our members’ works on YouTube from unauthorized
`copying/downloading.
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`circumvention content: The services provided at the URLs indicated
`circumvent YouTube's technological protection measures.
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`circumvention mechanism: To our knowledge, the URLs provide access to
`a service (and/or software) that circumvents YouTube’s rolling cipher, a
`technical protection measure, that protects our members’ works on
`YouTube from unauthorized copying/downloading.
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`October 25, 2019, DMCA notice (attached hereto as Exhibit A).
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`85.
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`On October 26, 2019, RIAA, on behalf of Doe Record Companies 1-10, sent a
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`second DMCA notice to Google with the purpose of causing Yout’s URL to be delisted
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`rendering it undiscoverable to Yout’s user audience.
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`86.
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`The October 26, 2019 notice reads as follows:
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`To our knowledge, the URLs indicated provide access to a service (and/or
`software) that circumvents YouTube’s rolling cipher, a technical protection
`measure, that protects our members’ works on YouTube from unauthorized
`copying/downloading circumvention mechanism: To our knowledge, the URLs
`indicated provide access to a service (and/or software) that circumvents
`YouTube’s rolling cipher, a technical protection measure, that protects our
`members’ works on YouTube from unauthorized copying/downloading.
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`October 26, 2019, DMCA notice (attached hereto as Exhibit B).
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`87.
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`On June 22, 2020, RIAA, on behalf of Doe Record Companies 1-10, sent a third
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`anti-circumvention notice to Google with the purpose of causing Yout’s URL to be delisted,
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`rendering it undiscoverable to Yout’s user audience.
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`88.
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`The June 22, 2020 notice reads as follows:
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`To our knowledge, the URLs indicated provide access to a service (and/or
`software) that circumvents YouTube’s rolling cipher, a technical protection
`measure, that protects our members’ works on YouTube from unauthorized
`copying/downloading circumvention mechanism: To our knowledge, the URLs
`indicated provide access to a service (and/or software) that circumvents
`YouTube’s rolling cipher, a technical protection measure, that protects our
`members’ works on YouTube from unauthorized copying/downloading.
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`June 22, 2020, DMCA notice (attached hereto as Exhibit C).
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`89.
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`Essentially, the foregoing DMCA notices sent to Google by the RIAA on behalf
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`of all Defendants (“Defendants’ DMCA Notices”) allege violations of 17 U.S.C. § 1201(a)
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`which prohibits circumventing a technological protection measure put in place by a copyright
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`owner to control access to a copyrighted work.
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`90.
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`The Notices fail to separate the ability to download a video from the Internet from
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`actual DMCA violations.
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`91.
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`Indeed, Yout’s software platform employs the same simple process of a manual
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`download described above.
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`92.
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`And, any digital rights management (“DRM”) or other technical protection
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`measure utilized by copyright owners in their videos render the videos unavailable to download
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`via Yout.
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`93.
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`Contrary to Defendants’ allegations, Yout’s software platform is not designed to
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`descramble, decrypt, avoid, bypass, remove, deactivate, or impair any technical protection
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`measure or any technological measure that effectively controls access to a work protected by the
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`Copyright Act
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`94.
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`In fact, any digital mechanism in place designed as anti-circumvention
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`technology4 stops Yout users from recording and saving that protected work, thereby
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`demonstrating Yout’s compliance with any anti-circumvention protections in place.
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`95.
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`Yout does not violate Section 1201 of the DMCA because it does not circumvent
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`any technological measure on YouTube videos.
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`96.
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`Similarly, the “rolling cipher” mechanism that the RIAA argues is employed by
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`YouTube does not prevent copying of videos or other digital media.
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`97.
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`The term “rolling cipher” is a misnomer and a term likely coined and relied upon
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`by Defendants to argue that services like Yout are somehow breaching a protection that doesn’t
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`exist.
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`98.
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`Yout’s software platform works the same way as a browser when it encounters
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`the signature mechanism: it reads and interprets the JavaScript program sent by YouTube. That
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`program, which is sent to anyone who requests it without prior authorization, derives a signature
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`value [referred to by RIAA as a “rolling cipher”], and sends that value back to YouTube to
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`4 Commonly referred to as “digital rights management” (“DRM”) tools, or “technical protection measures”
`(“TPM”).
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`initiate the video stream.
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`99.
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`Yout’s software platform contains no password, key, or other secret knowledge
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`that is required to access YouTube videos. It simply uses the same mechanism that YouTube
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`presents to each and every user who views a video using any user-side software.
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`100. Yout cannot “circumvent” the rolling cipher as that term is defined in 17 U.S.C. §
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`1201 because YouTube provides the means of accessing these video streams to anyone who
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`requests them and one cannot “circumvent” an access control by using means that are available
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`to all without the authority of the copyright owner.5
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`101. As a result, the purported “rolling cipher” promulgated by the RIAA is not a
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`DRM and is not a technological measure that effectively controls access to a work protected by
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`the Copyright Act.
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`102. Yout merely automates the process already available using common web
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`browsers and simple publicly available instructions.
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`103. Yout simply allows its users to record publicly available media content already on
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`the Internet for their own personal, time-shifted viewing and listening.
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`104. Such downloading, absent specific circumvention of technological copyright
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`protections, cannot be the basis for an alleged violation of 17 U.S.C. § 1201.
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`105. Yout does not violate 17 U.S.C. § 1201.
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`Public Perception
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`106. As a result of the wide accessibility of this information within the public domain,
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`the public perceives the technology utilized by websites such as Yout as already legal, prior to
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`5 Paragraphs 70-77 are partially derived from an explanation published by the Electronic Frontier Foundation in a
`letter to GitHub dated November 15, 2020, [https://www.eff.org/document/eff-letter-github-youtube-dl-takedown]
`which illustrates the operation of the youtube-dl tool. Yout’s software platform operates using configured version of
`youtube-dl with ffmpeg to ensure that no storage of content occurs as seen in the terms of service and FAQ.
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`
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`23
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`Case 3:20-cv-01602-SRU Document 45 Filed 09/14/21 Page 24 of 35
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`the Defendants’ DMCA Notices.
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`107. Similar to how a VHS tape may record music videos played on MTV, or it may
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`be used to record an educational lecture on PBS for later viewing, the broader form of the
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`technology employed by Yout does not in itself constitute a DMCA violation.
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`108. However, the Defendants’ DMCA Notices now caused third parties to believe
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`Yout engaged and continues to engage in illegal and unlawful conduct.
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`109. Yout does not engage in illegal and unlawful conduct.
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`110. Defendants’ DMCA Notices have caused Yout’s customers to cancel
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`subscriptions after receiving notice via Google when searching for “yout.com” that “In response
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`to multiple complaints we received under the US Digital Millennium Copyright Act, we have
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`removed 2 results from this page. If you wish, you may read the DMCA complaints that caused
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`the removals at LumenDatabase.org: [links to Defendants’ DMCA notices].”
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`111. On information and belief, Defendants’ DMCA notices have caused PayPal to
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`shut down Yout’s account, causing Yout further significant monetary and reputational damage.
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`Intent and Actual Malice
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`112. The Defendants acted with intent and actual malice when they engaged in the
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`foregoing conduct because they intended to harm the Plaintiffs.
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`113. The Defendants either knew or should have known that the ability to download
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`Internet videos for personal use is legally accessible across multiple channels, not only through
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`Yout.
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`114. The foregoing wrongful conduct engaged in by the Defendants shall hereinafter
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`be referred to as the “Wrongful Conduct.”
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`24
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`Case 3:20-cv-01602-SRU Document 45 Filed 09/14/21 Page 25 of 35
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`COUNT ONE
`AS AND FOR A FIRST CAUSE OF ACTION
`DECLARATORY RELIEF UNDER 17 U.S.C. §1201
`115. The Plaintiffs hereby incorporate by reference Paragraphs 1 through 114 above in
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`this First Count as though fully set forth herein.
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`116. Yout’s software platform is not designed to descramble, decrypt, avoid, bypass,
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`remove, deactivate, or impair any technological measure.
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`117. Yout’s software platform is not primarily designed or produced for the purpose of
`
`circumventing a technological measure that effectively controls access to a copyrighted work, or
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`that protects the right of a copyright owner.
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`118.
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`In fact, any digital mechanism in place designed as anti-circumvention technology
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`stops Yout users from recording and saving that protected work.
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`119. As such, Yout complies with any and all anti-circumvention protections in place.
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`120. Yout’s software platform has commercially significant purposes and uses other
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`than to circumvent a technological measure that effectively controls access to a copyrighted
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`work or that protects the right of a copyright owner.
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`121. For example, Yout’s software platform allows its users to record publicly
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`available media content already on the Internet for their own personal, time-shifted viewing and
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`listening, such as when its users are offline.
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`122. Yout’s software platform has not been marketed for use in circumventing a
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`technological measure that effectively controls access to a copyrighted work, or that protects the
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`right of a copyright owner.
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`123. Rather, Yout’s software platform allows its users to record publicly available
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`media content already on the Internet, without any anti-circumvention protection, for their own
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`
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`Case 3:20-cv-01602-SRU Document 45 Filed 09/14/21 Page 26 of 35
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`personal, time-shifted viewing and listening.
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`124. Based on the foregoing, Yout requests a judicial determination and declaration
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`that Yout’s software platform does not violate 17 U.S.C. § 1201.
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`125. Such a judicial determination and declaration is necessary to protect Yout from
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`the Defendants’ DMCA Notices, which are causing Yout injury by, among other things,
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`damaging its goodwill and disrupting its business.
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`126. By serving Defendants’ DMCA Notices under 17 U.S.C. § 512(c)(3) to Google,
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`with the purpose of causing Yout’s URL to be delisted and its software platform undiscoverable
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`to its users and/or potential users, Defendants have directly interfered with Yout’s relationships
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`with its customers and partners.
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`127. Without the requested declaration that it does not violate 17 U.S.C. § 1201, the
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`Defendants will continue to harm Yout, jeopardize Yout’s interests, and attempt to terminate
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`Yout’s business operations.
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`128. WHEREFORE, the Plaintiff seeks a declaratory judgment from this Court:
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`(a)
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`Determining and adjudicating the rights and liabilities of the parties with respect
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`to Yout’s non-circumventing software platform;
`
`(b)
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`Holding that Yout and its software platform does not violate the provisions of 17
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`U.S.C. § 1201 as alleged by Defendants’ DMCA Notices;
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`(c)
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`Holding that Yout and its software platform does not violate the Defendants’
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`rights; and,
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`(d)
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`Granting Yout such other and further relief that this Court deems proper under the
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`facts and circumstances.
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`
`
`
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`26
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`Case 3:20-cv-01602-SRU Document 45 Filed 09/14/21 Page 27 of 35
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`COUNT TWO
`AS AND FOR A SECOND CAUSE OF ACTION
`VIOLATIONS OF 17 USC § 512(f)
`129. The Plaintiff hereby incorporates by reference Paragraphs 1 through 114 above in
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`this Second Count as though fully set forth herein.
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`130.
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`In the Defendants’ DMCA Notices to Google, the Defendants alleged Yout’s
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`software platform is designed to descramble, decrypt, avoid, bypass, remove, deactivate, or
`
`impair the YouTube rolling cypher technology.
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`131. Contrary to Defendants’ allegations, Yout’s software platform is not designed to
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`descramble, decrypt, avoid, bypass, remove, deactivate, or impair the YouTube rolling cypher
`
`technology.
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`132. Yout’s software platform does not descramble, decrypt, avoid, bypass, remove,
`
`deactivate, or impair the YouTube rolling cypher technology.
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`133.
`
`In fact, any digital mechanism in place designed as anti-circumvention technology
`
`prevents any user of Yout and its software platform from recording and saving works protected
`
`by such technology.
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`134. As such, Yout’s software platform complies with any anti-circumvention
`
`protections in place.
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`135. The Defendants failed to determine whether Yout’s software platform would, in
`
`fact, circumvent such digital mechanism by testing the platform with any of the Doe Record
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`Companies 1-10 works protected by such digital mechanisms.
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`136. Further, by the Defendants’ DMCA Notices, the Defendants very clearly accuse
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`Yout of secondary copyright infringement for contributory copyright infringement and/or
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`vicarious copyright infringement.
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`27
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`Case 3:20-cv-01602-SRU Document 45 Filed 09/14/21 Page 28 of 35
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`137. Specifically, the DMCA Notices state “To our knowledge, the URLs provide
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`access to a service (and/or software) that circumvents YouTube’s rolling cipher, a technical
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`protection measure, that protects our members’ works on YouTube from unauthorized
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`copying/downloading,” thereby alleging contributory copyright infringement and/or vicarious
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`copyright infringement.
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`138.
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`In so doing, the Defendants misrepresented that Yout’s software platform
`
`circumvents digital copyright mechanisms and infringes the Defendants’ rights.
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`139. Alternatively, the Defendants knew Yout’s software platform does not circumvent
`
`digital copyright mechanisms under the law and does not infringe the Defendants’ rights—via
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`secondary copyright infringement or otherwise—but chose to send the Defendants’ DMCA
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`Notices anyway.
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`140.
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`In any case, the Defendants knowingly misrepresented the nature of Yout’s
`
`services by and through distribution and publication of the Defendants’ DMCA Notices in which
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`it claims Yout’s software platform circumvents digital copyright mechanisms and infringes the
`
`Defendants’ rights.
`
`141. The Defendants, by serving Defendants’ DMCA Notices under 17 U.S.C. §
`
`512(c)(3) to Google, with the purpose of causing Yout’s URL to be delisted and its software
`
`platform undiscoverable to its users, have directly interfered with Yout’s relationships with its
`
`customers, partners, and potential users.
`
`142. Google relied on the Defendants’ misrepresentations.
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`143. Google delisted Yout based on the Defendants’ misrepresentations.
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`144. The Defendants’ misrepresentations injured Yout and caused it to suffer damages
`
`and harm.
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`
`
`28
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`Case 3:20-cv-01602-SRU Document 45 Filed 09/14/21 Page 29 of 35
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`145. By such conduct, the Defendants have caused Yout monetary damages.
`
`146. As the Defendants knowingly misrepresented circumvention of digital copyright
`
`mechanisms and infringement of the Defendants’ rights, the Defendants violated 17 U.S.C. §
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`512(f).
`
`147. As the Defendants violated 17 U.S.C. § 512(f), Yout is entitled to recovery of
`
`damages. Yout is also entitled to its costs and attorney’s fees.
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`148. WHEREFORE, based upon the Defendants’ violation of 17 U.S.C. § 512(f), the
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`Plaintiff Yout LLC seeks an award of compensatory damages as well as its costs and attorney’s
`
`fees.
`
`COUNT THREE
`AS AND FOR A THIRD CAUSE OF ACTION
`BUSINESS DISPARAGEMENT
`149. The Plaintiff hereby incorporates by reference Paragraphs 1 through 114 above in
`
`this Second Count as though fully set forth herein.
`
`150.
`
`In the Defen