Ripple Labs Inc. et al v. YouTube LLC
Filing
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ORDER granting 26 Motion to Dismiss.In the attached order, the court grants the motion to dismiss with leave to amend within 21 days. (Beeler, Laurel) (Filed on 11/20/2020)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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San Francisco Division
United States District Court
Northern District of California
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RIPPLE LABS INC., et al.,
Plaintiffs,
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ORDER GRANTING MOTION TO
DISMISS
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v.
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YOUTUBE LLC,
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Case No. 20-cv-02747-LB
Re: ECF No. 26
Defendant.
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INTRODUCTION
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The plaintiffs, Ripple Labs and its CEO Bradley Garlinghouse (collectively, “Ripple”),
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developed a cryptocurrency called XRP. Scammers impersonated Ripple on YouTube (in part by
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using Ripple’s federally registered trademarks and publicly available content such as interviews
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with Mr. Garlinghouse) to make it look like they were Ripple and thus perpetuated a fraudulent
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“giveaway,” promising that if XRP owners sent 5,000 to one million XRP to a “cryptocurrency
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wallet,” then the XRP owners would receive 25,000 to five million XRP. In fact, the XRP owners
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who responded to the scam lost their XRP and received no XRP in return. The plaintiffs sued
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defendant YouTube for not doing enough to address the scam (including by failing to respond to
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multiple takedown notices), claiming the following: (1) contributory trademark infringement in
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violation of the Lanham Act, 15 U.S.C. § 1114(1) (by allowing use — and therefore infringement
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— of Ripple’s trademarks); (2) misappropriation of Ripple’s CEO’s identity and thus his right of
ORDER – No. 20-cv-02747-LB
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publicity, in violation of Cal. Civil Code § 3344 and California common law; and (3) a violation
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of California’s unfair competition law (“UCL”), Cal. Bus. & Prof. Code § 17200, predicated on
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the trademark and state-law claims.1
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YouTube moved to dismiss (1) the Lanham Act claim in part on the ground that the plaintiffs
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did not plausibly plead its knowledge of the trademark infringement, and (2) the state-law claims
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on the ground that it is immune from liability under § 230(c)(1) of the Communications Decency
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Act (“CDA”), 47 U.S.C. § 230(c)(1), because it is not a content provider.2 The court grants the
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motion (with leave to amend).
STATEMENT
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Ripple is an “enterprise blockchain company” that developed and manages the cryptocurrency
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United States District Court
Northern District of California
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XRP, which can be used in place of traditional currencies to facilitate cross-border payments.3
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Banks, corporations, and individuals buy XRP.4
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YouTube is a video-sharing platform.5
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Ripple and XRP owners were the target of a fraud — the XRP Giveaway Scam — whereby
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the fraudsters hijacked other users’ channels on YouTube and used the channels to impersonate
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Ripple and its CEO. (Fraudsters can hijack a legitimate YouTube channel through a spear-
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phishing attack: the fraudsters send an email to the channel’s creator, and when the creator
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responds, he inadvertently discloses his YouTube credentials, thereby allowing the fraudsters to
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take over his channel and populate its content.) After hijacking the channels, the fraudsters
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populated the channels with content that included Ripple’s trademarks (such as its logo and name),
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Mr. Garlinghouse’s name and likeness, and publicly available content (such as interviews with
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Mr. Garlinghouse or other members of Ripple’s leadership team). Masquerading as Ripple, the
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Compl. – ECF No. 1 at 17–21 (¶¶ 61–99). Citations refer to material in the Electronic Case File
(“ECF”); pinpoint citations are to the ECF-generated page numbers at the top of documents.
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Mot. – ECF No. 26.
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Compl. – ECF No. 1 at 4 (¶¶ 12, 19), at 5 (¶¶ 20–21).
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Id. at 4–5 (¶¶ 19–20).
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Id. at 6 (¶ 27).
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ORDER – No. 20-cv-02747-LB
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fraudsters promised XRP owners that if they sent between 5,000 to one million XRP to a digital
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wallet, then they would receive between 25,000 to five million XRP. After XRP owners sent XRP
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to the digital wallet, the currency disappeared, and the XRP owners received nothing in return.6
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Ripple and YouTube users alerted YouTube about the scam, but YouTube allegedly did not
respond by taking down the offending content in a reasonable time frame. A Forbes article in
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November 2019 reported the scam, the hijacking of popular YouTube creator MarcoStyle’s
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channel, the conversion of his channel to Mr. Garlinghouse’s profile, the hacker’s running of a
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livestream promoting the scam, and the stealing of $15,000 from viewers’ Ripple wallets.7
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MarcoStyle alerted YouTube, and YouTube acknowledged the issue that day but took a week to
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resolve it.8 During this time, YouTube verified the hijacked channel as authentic (even though it
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United States District Court
Northern District of California
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was masquerading as Mr. Garlinghouse’s account).9
After the Forbes article, Ripple alleges that it sent YouTube more than 350 takedown notices:
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49 related directly to the scam and 305 related to accounts and channels that were impersonating
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Mr. Garlinghouse or infringing on Ripple’s brand, likely to monetize the scam.10 Ripple alleges
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that it sent multiple takedown notices for the same conduct because YouTube did not take down
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the fraudulent channels for days, weeks, or months after notice.11 New instances of the scam
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“continued to appear, often amassing thousands of views and creating more victims by the day.”12
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Id. at 7–9 (¶ 35).
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Id. at 10 (¶ 40); Paul Tassi, A YouTuber with 350,000 Subscribers Was Hacked, YouTube verified His
Hacker, Forbes (Nov. 14, 2019), https://www.forbes.com/sites/paultassi/2019/11/14/a-youtuber-with350000-subscribers-was-hacked-youtube-verified-his-hacker/?sh=23bd01a76fe6, Ex. 8 to Compl. –
ECF No. 1-1 at 141–42. The court considers the documents attached to the complaint under the
incorporation-by-reference doctrine. Hal Roach Studios, Inc. v. Richard Feiner & Co., 896 F.2d 1542,
1555 n.19 (9th Cir. 1989); see also Knievel v. ESPN, 393 F.3d 1068, 1076 (9th Cir. 2005).
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Forbes Article, Ex. 8 to Compl. – ECF No. 1-1 at 142
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Compl. – ECF No. 1 at 10 (¶ 40).
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Id. at 12 (¶ 47).
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Id. (¶ 48) (14 takedown notices (starting November 12, 2019) about hijacked channel purporting to
be Mr. Garlinghouse’s channel that resulted in a takedown months later, on February 19, 2020;
January 2, 2020 takedown notice that took three weeks to resolve; nine takedown notices (starting
January 21, 2020) about channel promoting the scam that remained active until March 18, 2020;
January 27, 2020 notice about hijacked channel promoting the scam resolved on February 3, 2020).
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Id. (¶ 49).
ORDER – No. 20-cv-02747-LB
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For example, on March 20, 2020, a YouTube user told YouTube about a channel using Ripple’s
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marks and Mr. Garlinghouse’s image to promote the scam, YouTube did not take action, and by
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the next day, 85,000 users viewed the fraudulent video.13
YouTube allegedly profited from the scam because it sold ads to the fraudsters that featured
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Mr. Garlinghouse’s name, infringed on Ripple’s trademarks, and promoted the scam.14
According to its guidelines and policies, YouTube removes offending content when it learns
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about it, including “scams and other deceptive practices.”15
The parties do not dispute that the court has federal-question jurisdiction over the Lanham Act
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contributory trademark-infringement claim and supplemental jurisdiction over the state-law
claims.16 28 U.S.C. §§ 1331, 1367. All parties consented to magistrate jurisdiction.17
United States District Court
Northern District of California
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STANDARD OF REVIEW
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A complaint must contain a “short and plain statement of the claim showing that the pleader is
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entitled to relief” to give the defendant “fair notice” of what the claims are and the grounds upon
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which they rest. Fed. R. Civ. P. 8(a)(2); Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007). A
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complaint does not need detailed factual allegations, but “a plaintiff’s obligation to provide the
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‘grounds’ of his ‘entitlement to relief’ requires more than labels and conclusions, and a formulaic
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recitation of the elements of a cause of action will not do. Factual allegations must be enough to
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raise a claim for relief above the speculative level[.]” Twombly, 550 U.S. at 555 (cleaned up).
To survive a motion to dismiss, a complaint must contain sufficient factual allegations, which
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when accepted as true, “‘state a claim to relief that is plausible on its face.’” Ashcroft v. Iqbal, 556
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U.S. 662, 678 (2009) (quoting Twombly, 550 U.S. at 570). “A claim has facial plausibility when
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Id. at 14 (¶ 52).
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Id. at 10 (¶ 37).
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Id. at 4 (¶¶ 15–16); Mot. – ECF No. 26.
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Consents – ECF Nos. 13–14.
Id. at 6–7 (¶¶ 30–33); YouTube Policies, Ex. 1 to Compl. – ECF No. 1-1 at 2–6; YouTube
Community Guidelines Enforcement, Ex. 4 to Compl. – ECF No. 1-1 at 114–122.
ORDER – No. 20-cv-02747-LB
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the plaintiff pleads factual content that allows the court to draw the reasonable inference that the
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defendant is liable for the misconduct alleged.” Id. “The plausibility standard is not akin to a
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‘probability requirement,’ but it asks for more than a sheer possibility that a defendant has acted
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unlawfully.” Id. (citing Twombly, 550 U.S. at 557). “Where a complaint pleads facts that are
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merely consistent with a defendant’s liability, it stops short of the line between possibility and
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plausibility of ‘entitlement to relief.’” Id. (cleaned up) (quoting Twombly, 550 U.S. at 557).
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If a court dismisses a complaint, it should give leave to amend unless the “pleading could not
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possibly be cured by the allegation of other facts.” United States v. United Healthcare Ins. Co.,
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848 F.3d 1161, 1182 (9th Cir. 2016) (cleaned up).
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ANALYSIS
United States District Court
Northern District of California
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YouTube moved to dismiss the trademark and state-law claims under Rule 12(b)(6) for failure
to state a claim. The court grants the motion with leave to amend.
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1. Contributory Trademark Infringement
“To be liable for contributory trademark infringement, a defendant must have (1) intentionally
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induced the primary infringer to infringe, or (2) continued to supply an infringing product to an
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infringer with knowledge that the infringer is mislabeling the particular product supplied.” Perfect
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10, Inc. v. Visa Int’l Serv. Ass’n, 494 F.3d 788, 807 (9th Cir. 2007) (cleaned up). If the alleged
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infringer supplies a service (as opposed to a product), then “the court must consider the extent of
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control exercised by the defendant over the third party’s means of infringement.” Id. A plaintiff
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must show that the defendant “continued to supply its services to one who it knew or had reason to
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know was engaging in trademark infringement.” Louis Vuitton Malletier, S.A. v. Akanoc Sols, Inc.,
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658 F.3d 936, 942 (9th Cir. 2011).
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Contributory trademark infringement claims about conduct on an online platform often involve
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the sale of infringing goods in an online marketplace. In that context, courts have held that “a
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service provider must have more than a general knowledge or reason to know that its service is
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being used to sell counterfeit goods. Some contemporary knowledge of which particular listings
ORDER – No. 20-cv-02747-LB
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are infringing or will infringe . . . is necessary.” Spy Phone Labs LLC v. Google Inc., No. 15-cv-
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03756-PSG, 2016 WL 1089267, at *3 (N.D. Cal. Mar. 21, 2016) (quoting Tiffany (NJ) Inc. v. eBay
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Inc. 600 F.3d 93, 107 (2d Cir. 2010)). Also, “notice of certain acts of infringement does not imply
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generalized knowledge of — and liability for — others.” Id. (citations omitted). Thus, in Spy
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Phone, the court held that an app developer’s complaint to Google about competing apps’
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violations of Google’s anti-spyware policy was not the same as a trademark complaint. Id. at *2,
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4. A trademark complaint was a notice of infringement, but a spyware complaint was not. Id. at
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*4. Absent notice of trademark infringement in the form of a trademark complaint, Google was
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not liable for not removing infringing apps preemptively. Id.
The plaintiffs allegedly notified YouTube of the trademark infringement through takedown
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United States District Court
Northern District of California
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notices and allege that You Tube “ignored or failed to address many of the[ir] takedown
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demands.”18 The examples — in subparagraphs to that general allegation — are about delay in
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taking down the offending channels (not a failure to do so altogether), all in the face of a persistent
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fraud that apparently had near daily new occurrences.19 The examples include (1) a takedown
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notice, 13 subsequent takedown notices, and a hacked channel’s remaining active for more than
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two months until YouTube “took corrective action,” (2) a three-week delay before YouTube
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“addressed” a hacked channel after notice, (3) a takedown notice, eight more takedown notices,
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and slightly less than two months before YouTube addressed a channel promoting the scam, and
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(4) a week’s delay before YouTube addressed a hacked channel.20
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The issue thus is whether the plaintiffs’ allegations about YouTube’s delay in taking down the
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scam and the hijacked channels — which used Ripple’s trademarked content — plausibly plead a
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claim for contributory trademark infringement.
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Compl. – ECF No. 1 at 12–13 (¶¶ 48–49).
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Id. at 12 (¶ 48); see Statement.
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Compl. – ECF No. 1 at 12 (¶ 48) (referring to YouTube’s taking “corrective action” eventually). The
court cannot tell whether “taking corrective action “ involves removing the channels or instead
involved other corrective action. The court thus uses the proxy that YouTube “addressed” the issue.
ORDER – No. 20-cv-02747-LB
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Courts have found that delays of several days (after receipt of a trademark complaint) do not
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plausibly establish a contributory trademark infringement claim, but delays of at least six months
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can. Spy Phone, No. 15-cv-03756-KAW, 2016 WL 6025469, at *5 (N.D. Cal. Oct. 14, 2016)
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(collecting cases, including those involving a six-month delay and a six-to-nine-month delay). In
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Spy Phone, a contributory trademark claim survived a Rule 12(b)(6) motion when Google took 18
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and 27 days to address two trademark complaints. The length of time alone did not plausibly
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establish a claim, but other fact issues about Google’s response to the trademark complaints —
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such as whether it unjustifiably or purposefully delayed its investigation (and thereby provided
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services to a known infringer) — meant that the claim survived at the pleadings stage. Id.
Under these cases, the plaintiffs have not plausibly pleaded a claim for contributory trademark
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United States District Court
Northern District of California
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infringement.
The plaintiffs allegedly complained about trademark infringement, and they also complained
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about the misuse of Mr. Garlinghouse’s identity.21 Applying the analysis in Spy Phone, the first
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category is a notice of trademark infringement that required YouTube’s response, and the second
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is not. Id., No. 15-cv-03756-PSG, 2016 WL 1089267 at *4. The complaint lumps the two
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categories together. The plaintiffs must identify their complaints of trademark infringement
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(tethered to a specific YouTube user’s account) and YouTube’s failure to respond or delayed
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response to the specific complaints.
Without a delineation between the two categories, the court cannot evaluate whether YouTube
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had contemporaneous knowledge of the infringing conduct and continued to supply its services.
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Id.; Louis Vuitton, 658 F.3d at 942. As a result, the court cannot “draw the reasonable inference
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that the defendant is liable for the misconduct alleged.” Iqbal, 556 U.S. at 678. Also, the alleged
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delays here — a week, several weeks, around two months — are shorter than the delays that courts
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generally have found actionable. (Spy Phone had shorter delays of 18 and 27 days, but the delays
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themselves did not establish a plausible claim; instead, disputed facts about Google’s reasons for
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the delay did. No. 15-cv-03756-KAW, 2016 WL 6025469 at *5 (collecting cases).
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Id. (¶ 47).
ORDER – No. 20-cv-02747-LB
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At the hearing, the plaintiffs argued that requiring this specificity imposes a pleading standard
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that exceeds Rule 8)(a)’s “fair notice” requirement and is the equivalent of pleading the claims
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with particularity under Rule 9(b), meaning, the who, what, where, when, and how of the
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misconduct. Vess v. Ciba–Geigy Corp. USA, 317 F.3d 1097, 1106 (9th Cir. 2003). The court is not
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imposing a Rule 9(b) standard. The plaintiffs do not need to plead all of their evidence.
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Representative examples — similar to those in paragraph 48 of the complaint but identifying the
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specific trademark complaints and YouTube’s response to those complaints — are sufficient.
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The plaintiffs’ remaining theories for contributory trademark infringement fail for the
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following reasons.
The plaintiffs contend that YouTube had constructive knowledge that the scam was persistent
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United States District Court
Northern District of California
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and the tools to eliminate the scam from its platform.22 This claim turns on the actual notice to
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YouTube. Tiffany, 600 F.3d at 109; Spy Phone, No. 15-cv-03756-PSG, 2016 WL 1089267 at *3–
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4, id., No. 15-cv-03756-KAW, 2016 WL 6025469 at *6. As discussed above, the allegations in the
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plaintiffs’ complaint do not sufficiently differentiate between the trademark notices and the other
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notices. Thus, the plaintiffs do not plausibly plead a claim.
The plaintiffs also contend that YouTube was willfully blind to the scam and failed to prevent
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it.23 See Global-Tech Appliances, Inc. v. S.E.B. SA., 563 U.S. 754, 769 (2011); Spy Phone, No. 15-
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cv-03756-KAW, 2016 WL 6025469 at *6. The facts alleged here do not establish a duty to
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preemptively address the scam based on YouTube’s knowledge of the infringements. Spy Phone,
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No. 15-cv-03756-KAW, 2016 WL 6025469 at *6 (analyzing cases and holding that Google did
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not have a generalized duty — based on knowledge that a vendor was selling counterfeit goods —
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to preemptively police online vendors). The result in Spy Phone applies with greater force here
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because YouTube is not an online marketplace policing its vendors and instead is a social-media
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platform hosting its users. Its ability to react to and police hackers is different than an online
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marketplace’s ability to react to and police its vendors.
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Opp’n – ECF No. 29 at 16–20.
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Id. at 20–21.
ORDER – No. 20-cv-02747-LB
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To illuminate the point, consider the cases that the parties cite: they all involve online
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marketplaces. (The parties did not cite any case involving similar allegations of trademark
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infringement on a hijacked social-media platform, and the court did not find any.) The cases
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establish that an online marketplace is responsible for contributory trademark infringement when
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— after notice that a vendor is selling infringing products — it allows the vendor to keep selling
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the infringing products. For example, in Spy Phone, Google allegedly allowed a vendor to release
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an infringing app after notice that the vendor’s released app was infringing Spy Phone’s
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trademark. No. 15-cv-03756-KAW, 2016 WL 6025469 at *6. In Spy Optic, Inc. v. Alibaba, Inc.,
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on one occasion, the Alibaba marketplace allowed the infringing vendor to post “multiple
infringing products” after the plaintiff identified the trademark infringement. 163 F. Supp. 3d 755,
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United States District Court
Northern District of California
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766 (C.D. Cal. 2015). By contrast, in Tiffany (NJ) v. eBay Inc., eBay took down challenged
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listings promptly, warned sellers and buyers, canceled fees it earned, and directed buyers not to
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consummate the sale of the disputed item. 600 F.3d at 106.
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The cases illustrate an online marketplace’s duty (and ability) to remove a known vendor from
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the online platform when it knows about the trademark infringement. Louis Vuitton, 658 F.3d at
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942. Thus, it might be reasonable to hold eBay to a tight time period to discontinue its services to
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someone selling fake Tiffany or Louis Vuitton products: eBay and its vendors have a business
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relationship, and eBay can terminate a vendor easily. eBay also derives revenue from the
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relationship. And if eBay delays an investigation and a takedown, there might be fact issues about
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whether it purposefully or unjustifiably did so, presumably for self-serving reasons. Cf. Spy
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Phone, No. 15-cv-03756-KAW, 2016 WL 6025469 at *5. That ability to police its vendors
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arguably makes it more accountable when it does not take action.
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An online social-media platform’s delay in investigating and removing scams like the one here
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is not obviously analogous to the marketplace’s delay. Investigating a scam — involving phishing
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and hijacked user credentials — is (at minimum) different and likely more complicated. For one,
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YouTube does not control a hacker in the same way that a marketplace controls a vendor’s ability
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to sell on the platform. See Perfect 10, 494 F.3d at 807. Also, YouTube’s investigation involves
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ORDER – No. 20-cv-02747-LB
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legitimate YouTube users and a persistent, evolving scam creating “more victims by the day.”24 Its
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investigation differs in scope from the marketplace’s investigation of its vendor. The impact of
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notice (or in the language of the cases, “contemporary knowledge” of infringement) is different
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too. Spy Phone, No. 15-cv-03756-PSG, 2016 WL 1089267 at *3. When a marketplace knows
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about infringing products, it can terminate the infringing vendor. The only thing that matters is
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notice of the trademark infringement. But when YouTube learns about hacked content that
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includes trademarked content, the scope of its inquiry also is about protection of data and its users
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and eliminating the scam.
Moreover, YouTube does not provide services to or profit from a hacker in the same way that
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a marketplace provides services to and profits from a vendor. Id. In some ways, it too is a victim
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United States District Court
Northern District of California
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of the hijacking. Its revenues from ads are not obviously equivalent to revenues resulting from a
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business contract between a marketplace and a vendor.
Ultimately, it may be that the sufficiency of YouTube’s response involves factual disputes that
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are not amenable to resolution on a Rule 12(b)(6) motion, at least as to whether YouTube had
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contemporaneous knowledge of the infringing conduct and continued to supply its services. Louis
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Vuitton, 658 F.3d at 942.
For now, the court dismisses the contributory trademark claim with leave to amend.
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2. Section 230 Immunity
Absent a federal claim, the court does not have supplemental jurisdiction over the state claims.
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28 U.S.C. § 1367(a). Even assuming that there is a viable federal claim, YouTube is immune
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under § 230(c)(1) of the Communications Decency Act for the state claims: (1) misappropriation
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of Ripple’s CEO’s identity and his right of publicity, in violation of Cal. Civil Code § 3344 and
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California common law, and (2) a violation of the UCL based on the predicate state-law and
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federal claims.25
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Compl. – ECF No. 1 at 12–13 (¶¶ 48–49).
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Id. at 18–21 (¶¶ 75–99).
ORDER – No. 20-cv-02747-LB
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Under the Communications Decency Act, (1) website operators generally are immune from
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liability for third-party content posted on their websites, but (2) they are not immune if they create
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or develop the information, in whole or in part. 47 U.S.C. §§ 230(c)(1) & (f)(3). “Immunity from
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liability exists for (1) a provider or user of an interactive computer service, (2) whom a plaintiff
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seeks to treat, under a state law cause of action, as a publisher or speaker of (3) information
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provided by another information content provider.” Dyroff v. Ultimate Software Grp., Inc., 934
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F.3d 1093, 1097 (9th Cir. 2019) (cleaned up).
YouTube is an interactive-computer service.26 It is undisputed that it did not create any ads:
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YouTube ads are third-party content, and the at-issue “ads were presented to YouTube by the
scammers” here.27 It is not “responsible, in whole or in part, for the creation or development of the
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United States District Court
Northern District of California
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information,” and thus, it is immune from liability for the third-party content. 47 U.S.C. §
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230(f)(3); cf. Fraley v. Facebook, Inc., 830 F. Supp. 2d 785, 801–03 (N.D. Cal. 2011) (Facebook
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created ads, including content, based on users’ browsing history, and thus it was not immune
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under the Act for violating the plaintiffs’ statutory right of publicity, among other things).
The plaintiffs nonetheless contend that YouTube materially contributed to the scam (and
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created content) by awarding a “verification badge” — by giving the MarcoStyle hacked channel a
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badge that it allegedly reserves for “authentic” channels — thereby “communicating to hundreds
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of thousands of viewers and subscribers that these hacked accounts and channels were ‘the official
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channel of a creator, artist, company, or public figure.’”28 A website helps to develop unlawful
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content if it “contributes materially to the alleged illegality of the content.” Fair Hous. Council v.
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Roommates.com, LLC, 521 F.3d 1157, 1167–68 (9th Cir. 2008). The badge did not materially
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contribute to the content’s illegality here. Kimzey v. Yelp! Inc., 836 F.3d 1263, 1269 n.4 (9th Cir.
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Opp’n – ECF No. 29 at 21–26; Reply – ECF No. 33 at 7.
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Compl. – ECF No. 1 at 10 (¶ 37).
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Opp’n – ECF No. 29 at 22 (quoting Compl. – ECF No. 1 at 3 (¶ 10)).
ORDER – No. 20-cv-02747-LB
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2016). What made the content illegal was that the scammers hijacked users’ content and tricked
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them into sending their XRP to a digital wallet.29
The plaintiffs also contend that YouTube materially contributed to the fraudulent
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advertisements for the scam by allowing advertisers to display “views” that the video received.30
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Displaying views does not create content, and the plaintiffs’ argument thus does not alter the
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conclusion that YouTube has immunity under § 230(c) for the state-law claims. Dyroff, 934 F.3d
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at 1096; Kimzey, 836 F.3d at 1270; Roommates, 521 F.3d at 1169.
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CONCLUSION
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The court grants the motion to dismiss with leave to amend within 21 days. This disposes of
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United States District Court
Northern District of California
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ECF No. 26.
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IT IS SO ORDERED.
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Dated: November 20, 2020
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______________________________________
LAUREL BEELER
United States Magistrate Judge
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The complaint’s allegations do not establish that verification of YouTube accounts promotes the
scam either. See, e.g., Compl. – ECF No. 1 at 11 (¶ 43).
30
Opp’n – ECF 29 at 25 (citing Compl. – ECF No. 1 at 10 (¶ 37)).
ORDER – No. 20-cv-02747-LB
12
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