Austin Beaulier has now had a second case dismissed for failure to state a claim. In Beaulier v. Roblox, Judge Labson Freeman held that Beaulier DMCA CMI claims failed to adequately allege intentional removal of CMI to state a 1202(b)(1) claim and failed to adequately allege 3 elements of the 1202(b)(3) claims: “(2) that the defendant distributed the work (or copies thereof); (3) with knowledge that CMI had been removed or altered without authorization; and (4) while knowing, or having reasonable grounds to know, that the distribution would “induce, enable, facilitate, or conceal” infringement.”
The court also noted that the parties had not had a chance to discuss the 9th Circuit’s recent decision in Doe 1 v. Github.
The dismissal is similar to Judge Breyer’s dismissal in Beaulier v. Meta.
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