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`UNITED STATES DISTRICT COURT
`FOR THE SOUTHERN DISTRICT OF FLORIDA
`MIAMI DIVISION
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`CASE NO.: 1:21-cv-21698-DPG
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`Plaintiff,
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`ATHOS OVERSEAS, LTD.
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`vs.
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`YOUTUBE, INC., YOUTUBE, LLC, and
`GOOGLE, LLC,
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`Defendants.
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`NOTICE OF SUPPLEMENTAL AUTHORITY
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`Defendants YouTube, Inc., YouTube, LLC, and Google LLC respectfully submit as
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`supplemental authority to their pending Motion to Dismiss (Dkt. No. 14) the recent decision from
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`Judge Edward Davila in Harrington v. Pinterest, Inc., No. 5:20-cv-05290-EJD, 2021 U.S. Dist.
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`LEXIS 167983 (N.D. Cal. Sep. 3, 2021) (Exhibit 1). Like this case, Harrington involves a plaintiff
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`whose copyrighted works were allegedly uploaded by third parties to an online service (there,
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`Pinterest). Id. at *3. As here, Plaintiff asserted a claim under Section 1202 of the DMCA, 17 U.S.C.
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`§ 1202, for alleged removal of copyright management information (“CMI”). Id. Plaintiff alleged
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`that Pinterest “strip[ped] the images of visible identifying source and/or copyright management
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`information as well as metadata.” Id. In the attached ruling, Judge Davila dismissed that claim
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`because the plaintiff failed to offer any plausible allegations that Pinterest acted with the two-tiered
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`scienter required by the DMCA:
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`[Plaintiff] does not allege any facts to show that Pinterest’s alleged distribution of
`photographs induced, enabled, facilitated or concealed any particular act of
`infringement by anyone, let alone a pattern of such infringement likely to recur in
`the future. Instead, [the complaint] contains vague and conclusory allegations that
`Pinterest is the source of “rampant” copyright infringement by third parties.
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`NOTICE OF SUPP. AUTH.
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`-1-
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`CASE NO. 1:21-CV-21698-DPG
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`Case 1:21-cv-21698-DPG Document 31 Entered on FLSD Docket 09/08/2021 Page 2 of 4
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`Id. at *18-19. Notably, the Court relied upon Stevens v. CoreLogic, Inc., 899 F.3d 666 (9th Cir.
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`2018), for its dismissal. This ruling bears directly on the arguments made at pp. 15-18 of
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`Defendants’ Motion to Dismiss and pp. 9-10 of Defendants’ reply brief in support of that motion.
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`Dated: September 8, 2021
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`Respectfully submitted,
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`STEARNS WEAVER MILLER WEISSLER
`ALHADEFF & SITTERSON, P.A.
`150 West Flagler Street, Suite 2200
`Miami, Florida 33130
`Telephone: (305) 789-3229
`Facsimile: (305) 789-2664
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`By:
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`/s/ Jay B. Shapiro
`Jay B. Shapiro, Esq.
`Florida Bar No. 776361
`jshapiro@stearnsweaver.com
`David T. Coulter, Esq.
`Florida Bar No. 119874
`dcoulter@stearnsweaver.com
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`WILSON SONSINI GOODRICH & ROSATI, P.C.
`1301 Avenue of the Americas, 40th Floor
`New York, NY 10019
`Telephone: (212) 999-5800
`Facsimile: (212) 999-5801
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`
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`Brian M. Willen, Esq.
`(Pro Hac Vice)
`bwillen@wsgr.com
`Lucy Yen, Esq.
`(Pro Hac Vice)
`lyen@wsgr.com
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`Counsel for Defendants
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`NOTICE OF SUPP. AUTH.
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`-2-
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`CASE NO. 1:21-CV-21698-DPG
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`Case 1:21-cv-21698-DPG Document 31 Entered on FLSD Docket 09/08/2021 Page 3 of 4
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`CERTIFICATE OF SERVICE
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`I HEREBY CERTIFY that on September 8, 2021, I electronically filed the foregoing
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`document with the Clerk of Court using CM/ECF. I also certify that the foregoing document is
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`being served this day on all counsel of record or pro se parties identified on the Service List in the
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`manner specified, either via transmission of Notices of Electronic Filing generated by CM/ECF or
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`in some other authorized manner for those counsel or parties who are not authorized to receive
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`Notices of Electronic Filing.
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`/s/Jay B. Shapiro
`JAY B. SHAPIRO, ESQ.
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`NOTICE OF SUPP. AUTH.
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`-3-
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`CASE NO. 1:21-CV-21698-DPG
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`Case 1:21-cv-21698-DPG Document 31 Entered on FLSD Docket 09/08/2021 Page 4 of 4
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`SERVICE LIST
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`Case No. 1:21-cv-21698-DPG
`United States District Court, Southern District of Florida
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`
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`Rey Dorta, Esq.
`Florida Bar No. 0084920
`Omar Ortega, Esq.
`Florida Bar No. 0095117
`Rosdaisy Rodriguez, Esq.
`Florida Bar No. 112710
`Natalie A. Ferral, Esq.
`Florida Bar No. 1012314
`DORTA & ORTEGA, P.A
`3860 SW 8th Street, PH
`Coral Gables, Florida 33134
`Telephone:(305) 461-5454
`Facsimile: (305) 461-5226
`oortega@dortaandortega.com
`rdorta@dortaandortega.com
`rrodriguez@dortaandortega.com
`nferral@dortaandortega.com
`dcruz@dortaandortega.com
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`Counsel for Plaintiff
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`NOTICE OF SUPP. AUTH.
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`-4-
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`CASE NO. 1:21-CV-21698-DPG
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