The State of Oregon, via the Department of Corrections, claims to be the exclusive owner of all intellectual property rights in a video entitled “Prison Cell Extraction,” showing the techniques to remove a prisoner from a cell. Defendant somehow obtained the video and posted it on YouTube.
Upon learning of the posting, the State of Oregon initiated a Digital Millennium Copyright Act (“DMCA”) takedown request with YouTube to remove the video, and the video was initially removed by YouTube.
Defendant then filed a DMCA counter notification with YouTube, swearing under penalty of perjury that the video was removed by YouTube due to a mistake or misidentification on the basis that “its my video of me”.
YouTube informed the State of Oregon of the counter notification with instructions that if the State of Oregon did not “file an action seeking a court order to restrain the counter notifier’s allegedly infringing activity” the video could be reinstated on YouTube.
Hence, this lawsuit. Stay tuned for updates.
State of Oregon v. Ames
Court Case Number: 6:2016-cv-00345
File Date: Thursday, February 25, 2016
Plaintiff: State of Oregon
Plaintiff Counsel:Ellen F. Rosenblum, Attorney General
Cause: Copyright Infringement
Court: District of Oregon
Judge: Thomas M. Coffin