DMCA Preempts State Law Involving Takedowns

State law claims related to an allegedly baseless takedown notice are preempted by the federal Digital Millennium Copyright Act, even though no takedown occurred, the U.S. District Court for the Northern District of California held July 8. The ruling follows an April 22 ruling by the same judge that a DMCA claim could not proceed as there was no actual takedown in response to the notice (79 U.S.L.W. 2488). The court said that two of its earlier rulings held the DMCA takedown provision, 17 U.S.C. § 512(f), preempts state law claims: Online Policy Grp. v. Diebold ...