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DMCA Counternotification Doesn’t Create Personal Jurisdiction in Copyright Owner’s Home Court–Real v. Matteo

26 01 2018

This case combines one of my favorite Internet Law topics, 17 USC 512, with one of my least favorite, personal jurisdiction. TL;DR: if a foreign national submits a 512(g) counternotification, it doesn’t ensure the copyright owner can sue in its home court.

The copyright at issue involves “Towergirls,” a video game. One putative copyright owner, based in Australia, had an agreement with Matteo, based in Italy, to extend the Towergirls universe. A Louisiana entity also claims partial ownership of the copyright, but wasn’t part of that agreement. Matteo crowd-sourced his effort on Patreon. The relationship soured when Matteo allegedly added nonconsensual sex to his effort and publicly undermined the putative owners’ ownership. The putative owners sent a takedown notice to Patreon. Matteo counternoticed on fair use grounds. The putative owners sued Matteo in Louisiana. Matteo moved to dismiss.

Case citation: Real v. Matteo, 2018 WL 493596 (W.D. La. Jan. 3, 2018). This is a magistrate ruling. The plaintiffs did not object, and the district court judge approved it on Jan. 19, 2018.

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