Opinions and Legal Insights

A 512(f) Case Leads to a Rare Damages Award (on a Default Judgment)–California Beach v. Du

[VOTE EARLY AND IN-PERSON OR VIA OFFICIAL DROPOFF BOXES. DON’T RELY ON THE USPS TO DELIVER THE MAIL ON TIME!]

The plaintiff sells “Pop N Go” playpens. Allegedly, up to 98% of the plaintiff’s revenues come from Facebook and Instagram. During the 2019 holiday season, Du allegedly submitted fake takedown notices to Facebook, Instagram and Amazon that cut off the flow of customers and led to depressed sales. The plaintiff sued Du and got a default judgment finding a violation of 512(f).

The court says that the plaintiff properly showed lost profits of $317k. The court also awards attorneys’ fees and costs of $52k. This makes this ruling one of the biggest damages awards ever granted under 512(f). (Of course, there aren’t that many to begin with). The Steiner case awarded $25k on a default and OPG v. Diebold was $125k (I think as a settlement?).

Nevertheless, odds are pretty good that this damage award is just for show. I’d be surprised if the plaintiff ever collects a dime. So we’ll call this ruling a 512(f) win, but I suspect it’s an empty victory.

Case citation: The California Beach Co. v. Du, 2020 WL 6260013 (N.D. Cal. Oct. 6, 2020)

Prior Posts on Section 512(f):

* 512(f) Claim Survives Motion to Dismiss–Brandyn Love v. Nuclear Blast America
512(f) Claim Fails in the 11th Circuit–Johnson v. New Destiny Christian Center
Court Orders Rightsowner to Withdraw DMCA Takedown Notices Sent to Amazon–Beyond Blond v. Heldman
Another 512(f) Claim Fails–Ningbo Mizhihe v Doe
Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v. Benjamin
How Have Section 512(f) Cases Fared Since 2017? (Spoiler: Not Well)
Another Section 512(f) Case Fails–ISE v. Longarzo
Another 512(f) Case Fails–Handshoe v. Perret
* A DMCA Section 512(f) Case Survives Dismissal–ISE v. Longarzo
DMCA’s Unhelpful 512(f) Preempts Helpful State Law Claims–Stevens v. Vodka and Milk
Section 512(f) Complaint Survives Motion to Dismiss–Johnson v. New Destiny Church
‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v. Klein
9th Circuit Sides With Fair Use in Dancing Baby Takedown Case–Lenz v. Universal
Two 512(f) Rulings Where The Litigants Dispute Copyright Ownership
It Takes a Default Judgment to Win a 17 USC 512(f) Case–Automattic v. Steiner
Vague Takedown Notice Targeting Facebook Page Results in Possible Liability–CrossFit v. Alvies
Another 512(f) Claim Fails–Tuteur v. Crosley-Corcoran
17 USC 512(f) Is Dead–Lenz v. Universal Music
512(f) Plaintiff Can’t Get Discovery to Back Up His Allegations of Bogus Takedowns–Ouellette v. Viacom
Updates on Transborder Copyright Enforcement Over “Grandma Got Run Over by a Reindeer”–Shropshire v. Canning
17 USC 512(f) Preempts State Law Claims Over Bogus Copyright Takedown Notices–Amaretto v. Ozimals
17 USC 512(f) Claim Against “Twilight” Studio Survives Motion to Dismiss–Smith v. Summit Entertainment
Cease & Desist Letter to iTunes Isn’t Covered by 17 USC 512(f)–Red Rock v. UMG
Copyright Takedown Notice Isn’t Actionable Unless There’s an Actual Takedown–Amaretto v. Ozimals
Second Life Ordered to Stop Honoring a Copyright Owner’s Takedown Notices–Amaretto Ranch Breedables v. Ozimals
Another Copyright Owner Sent a Defective Takedown Notice and Faced 512(f) Liability–Rosen v. HSI
Furniture Retailer Enjoined from Sending eBay VeRO Notices–Design Furnishings v. Zen Path
Disclosure of the Substance of Privileged Communications via Email, Blog, and Chat Results in Waiver — Lenz v. Universal
YouTube Uploader Can’t Sue Sender of Mistaken Takedown Notice–Cabell v. Zimmerman
Rare Ruling on Damages for Sending Bogus Copyright Takedown Notice–Lenz v. Universal
512(f) Claim Dismissed on Jurisdictional Grounds–Project DoD v. Federici
Biosafe-One v. Hawks Dismissed
Michael Savage Takedown Letter Might Violate 512(f)–Brave New Media v. Weiner
Fair Use – It’s the Law (for what it’s worth)–Lenz v. Universal
Copyright Owner Enjoined from Sending DMCA Takedown Notices–Biosafe-One v. Hawks
New(ish) Report on 512 Takedown Notices
Can 512(f) Support an Injunction? Novotny v. Chapman
Allegedly Wrong VeRO Notice of Claimed Infringement Not Actionable–Dudnikov v. MGA Entertainment

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