Following up on my post, Zuffa Files Lawsuit Against Justin.tv -- Quick Analysis of Justin.tv's Likely DMCA Defense, on September 16, 2011 Justin.tv filed a motion to dismiss certain claims (5-12) in Zuffa's amended complaint.
In its moving brief, and at the outset, Justin.tv states that despite its "best efforts to find an acceptable resolution to this legally baseless case that should never have been filed, Zuffa has drawn a line in the proverbial sand in what appears to be little more than an attempt to impose legal expenses on Justin.tv, rather than present a legitimate case to this Court."
Notably, Justin.tv only moves to dismiss the non-copyright claims, but notes that it will demonstrate at a later time (as discussed in my earlier post) that it "is shielded from liability for copyright infringement under the 'safe harbor' protections of the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512(c)."
With respect to the non-copyright claims, Justin.tv argues that: (1) the trademark claims are really dressed-up, "recycled" copyright claims (and, therefore, subject to dismissal) and that Zuffa has failed to allege sufficient facts to support a finding of likelihood of confusion as to the source of the materials transmitted through Justin.tv; (2) Zuffa's claim for deceptive trade practices fails "because such a claim is barred both by the Copyright Act and the immunity for interactive computer service providers codified in Section 230 of the Communications Decency Act"; and (3) Zuffa's claims for violations of the Communications Act are barred by Section 230 of the Communications Decency Act, and also lack merit because the Communications Act is inapplicable to the alleged infringing activity."
I will continue to monitor.
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