Facebook: Copyright Infringement

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In March, the U.S. District Court for the Northern District of California granted Facebook’s motion to dismiss a copyright infringement claim brought by Daniel M. Miller, the creator of an online video game called Boomshine. Plaintiff alleged that Facebook and Yao Wei Yeo “reproduced and distributed” Yeo’s video game, ChainRxn, as an online game in Facebook’s Application Directory, and that ChainRxn copied the look and feel of Boomshine. Under Fed. R. Civ. P. 12(b)(6), a court may dismiss a case if it fails to state a claim upon which relief can be granted. In applying this rule, the court held that Miller’s claim failed to state claims for either direct or indirect copyright infringement. Miller v. Facebook, Inc., 3:10-cv-00264-WHA (N.D.Cal. March 31, 2010)

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