![]() Pierson provided notice to Twitter in compliance with the DMCA, and Twitter failed to expeditiously disable access to or remove the Copyrighted Photograph from their servers. “Twitter had actual knowledge of the direct infringement and contributory infringement. Twitter did not remove or disable the Infringing Use until July 25, 2017, Ninety (90) days later. Pierson never authorized the Infringing Use. Twitter's response is titled, DMCA TAKEDOWN NOTICE for Copyright Infringement (Alice-in-Chains-6) As a result of Twitter's response detailed in Paragraph 19, Pierson relied on Twitter's representation that Twitter would “disable access” to the Infringing Use. On April 26, 2017, Twitter responded to Pierson's notice by email. Pierson's notice is titled, “DMCA TAKEDOWN NOTICE for Copyright Infringement (Alice-inChains-6).”. On April 18, 2017, Pierson sent a notice to Twitter's registered agent regarding the Infringing Use. Twitter has registered an agent with the United States Copyright Office for receipt of Digital Millennium Copyright Act (“DMCA”) notices. Twitter can also disable each Tweet advertising or linking to an Infringing Use, regardless of whether the photograph is hosted on Twitter's servers or on the Twitter user's or third-party servers. “On information and belief, Twitter can remove each Infringing Use that is hosted on Twitter. My world wouldn't be the same without you, as I dance to your music just about every day.” KJ copied the Copyrighted Photograph without license or permission from Pierson.” Beginning on or about March 18, 2017, a Twitter user (“KJ”) copied and attached the Copyrighted Photograph to a Tweet with the text, “Happy Birthday XXXX. Hundreds of thousands of Tweets are sent to and from this District every month. Twitter has thousands of users in this District, including individuals, corporations, and government entities. Twitter calls its 140-character messages “Tweets.” Tweets can contain a link to a video or image that is either hosted on Twitter's servers, or on third-party servers. “Twitter operates an Internet-based service that allows its users to send 140-character messages through Twitter's website and mobile site, client applications, or third-party applications. Here are a few of the legal allegations made in the complaint: The Case was filed by FARRIMOND LAW OFFICES (San Francisco) in the Northern District of California (federal court) in 2017. This is a case involving the Digital Millennium Copy Act (“DMCA”).
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