| Psycho Teddy Has Case Dismissed Under
Shrink Wrap Agreement By SDNY Judge Rakoff
Dicta Here
By Matthew
Russell Lee, Patreon
BBC
- Guardian
UK - Honduras
- The
Source
SDNY COURTHOUSE,
April 30 – Eliot Stein sued
Google d/b/a YouTube for
hosting videos allegedly
infringing his copyright to
the character PSYCHO
TEDDY.
Google wanted it removed to
California under what on April
20 U.S. District Court for the
Southern District of New York
Judge Jed S. Rakoff called a
"shrink-wrap agreement."
He
said, in dicta, that
this was no real agreement, no
meeting of the minds, no
activity of the mind at all.
But it is the law, he
said.
Judge Rakoff
concluded, Plaintiff, you have
my equitable support. But I
think I have to dismiss the
case, without prejudice to it
being refiled in California.
The
defense of Google, by Quinn
Emanuel, said, We agree that
is the right outcome under the
law.
Judge Rakoff:
I'll issue a short order later
today.
And he did: "For
the reasons stated at today's
telephonic hearing, see
transcript, April 30, 2020,
the above-captioned case is
dismissed without prejudice on
the ground that it is required
to be filed, if at all, in the
state or federal courts of
Santa Clara County,
California. The Court
therefore does not reach the
remaining grounds for
dismissal set forth in the
defendant's motion to
dismiss."
The case is, or
was, Stein v. Google, LLC,
20-cv-00528 (Rakoff).
***
Your
support means a lot. As little as $5 a month
helps keep us going and grants you access to
exclusive bonus material on our Patreon
page. Click
here to become a patron.
Feedback:
Editorial [at] innercitypress.com
SDNY Press Room 480, front cubicle
500 Pearl Street, NY NY 10007 USA
Mail: Box 20047, Dag
Hammarskjold Station NY NY 10017
Reporter's mobile (and weekends):
718-716-3540
Other, earlier Inner City Press are
listed here,
and some are available in the ProQuest
service, and now on Lexis-Nexis.
Copyright 2006-2020 Inner City
Press, Inc. To request reprint or other
permission, e-contact Editorial [at]
innercitypress.com for
|
,
