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No Contract Breach In YouTube Removal Of Music Video
Lawyers for YouTube beat back a breach of contract suit over its removal of a reggae music video, by persuading a federal judge that YouTube's user agreement gives the company broad discretion to take down whatever material it sees fit. Song Fi Inc. v. Google Inc., 14-5080
“Luv Ya,” a music video recorded by the Rasta Rock Opera, may be one of the most innocent videos YouTube has removed for violating its terms of service. It features two 5-year-olds getting dressed up and going out to a restaurant for Valentine's Day lunch as reggae musicians serenade them. YouTube claimed the video's producer used robots to artificially inflate its view count, which is prohibited by the company's terms of service. Plaintiffs, including Rasta Rock Opera and music production company Song Fi Inc., denied using bots, and sued YouTube and owner Google Inc. for breach of contract and for libel.
Judge Samuel Conti of the U.S. District Court for the Northern District of California agreed with YouTube's argument that the company's terms of service give it sole discretion to remove videos from its streaming platform. “While the court believes ' that YouTube's terms of service are inartfully drafted, YouTube is correct,” District Judge Conti decided, in granting YouTube's motion to dismiss the breach of contract claims. “The terms of service unambiguously reserve to YouTube the right to determine whether 'content violates these terms of service' and, 'at any time, without prior notice and in its sole discretion, remove such content.'”
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