Case 1:16-cv-03535-KMW Document 1 Filed 05/12/16 Page 1 of 4

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
NEW YORK UNIVERSITY,
Plaintiff,
Index No. _____________
ECF Case

– against –

COMPLAINT
JESSE FLORES d/b/a ATHEISTS EXPOSED; and
YOUTUBE, INC.
Defendants.

New York University, by its attorney, Terrance J. Nolan, General Counsel, for its
complaint against defendants Jesse Flores, doing business as Atheists Exposed, and YouTube,
Inc., alleges as follows:
JURISDICTION AND VENUE
1.

This Court has jurisdiction over this Complaint pursuant to 28 U.S.C §§ 1331 &

1338(a) because it involves a claim for infringement of copyright under Title 17 of the United
States Code.
2.

The Southern District of New York is the proper venue for this action because

Defendants have committed the infringing acts in question in, inter alia, New York, New York,
and venue is proper pursuant to 28 U.S.C. §§ 1391 (b) & 1400(a).
PARTIES
3.

New York University (“NYU”) is a New York education corporation organized

and operating under the laws of the state of New York, with an address at Bobst Library, 11th
Floor, 70 Washington Square South, New York New York 10012.

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4.

Defendant YouTube, Inc. (“YouTube”) is a global digital media publishing

company with offices at 75 9th Avenue, New York, NY 10011.
5.

Defendant Jesse Flores, t/d/b/a Atheists Exposed (“Flores” or “Atheists

Exposed”), has published video files in the State of New York, and has an address at 4330 Forest
Ranch Way, Oceanside CA, 92057.
COUNT I - INFRINGEMENT OF COPYRIGHT
6.

Exposed Atheists and YouTube (collectively “Defendants”) have published a

video at the URL contained in Appendix A to this Complaint (the “Work”). NYU is the
copyright owner of exclusive rights under United States copyright law in and to the Work.
Neither of the Defendants has any valid license, authorization, permission or consent to use or
publish or distribute the Work, nor does the Defendant’s use of the Work fall into fair use or any
other limitations on exclusive rights of copyright. The foregoing acts have been willful,
intentional, and purposeful, and constitute direct infringement of NYU’s exclusive rights in the
Work in violation of 17 U.S.C. § 106.
7.

On or about May 3, 2016, in response to a takedown request directed to the Work

pursuant to the Digital Media Copyright Act (“DMCA”), 17 U.S.C. § 512(c)(3), Defendants
Flores and Exposed Atheists filed a “counter-notice” directed to the Work pursuant to
§ 512(g)(3) of the DMCA, which counter-notice is attached as Appendix A.
8.

Plaintiff has reached out to Defendant Flores in an effort to amicably resolve this

matter by urging him to remove the Work from YouTube and refrain from further publication
thereof, based upon Plaintiff’s copyright ownership rights and other considerations.
9.

Defendant Flores has refused to agree to withdraw his DMCA counter-notice

referenced above.

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10.

Defendant YouTube asserts that its publishing activities regarding the Work fall

within the “safe harbor” provisions of 17 U.S.C. § 512(c). As a result, YouTube asserts it is
required by § 512 (g)(2)(B) to “replace” or republish the Work within 14 days of the date of the
counter-notice.
WHEREFORE, Plaintiff prays for the following relief:
a) that Defendant(s) be restrained and enjoined from any further use, publication, or
distribution of the Work;
b) for an award of money damages in such amount as may be permitted by law, including
the maximum damages allowable under 17 U.S.C. § 504.
c) for a permanent injunction prohibiting each Defendant from any further use, publication
or distribution of the Work, in any media form or nature of any kind;
d) for an award of attorney’s fees and costs of this action;
e) and any other equitable or legal relief that the Court may deem appropriate.

Dated:

New York, New York
May 11, 2016
New York University
Office of General Counsel
Terrance J. Nolan, Esq., General Counsel

By:

Of Counsel:

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Mark Righter
Eric Rasmussen

_/s___________________________
Jeffrey Metzler
Associate General Counsel
70 Washington Square South
New York, New York 10012
(212) 998-2258
jeffrey.metzler@nyu.edu

 Case 1:16-cv-03535-KMW Document 1 Filed 05/12/16 Page 4 of 4

Appendix A
Appendix
Re: [3-1129000011671] New Copyright
Counter-Notification
Yesterday at 23:56

You

I Tr

We received the attached counter notification in response to a complaint you
filed with us
We're providing you with the counter notification and await evidence (in not
more than 10 business days) that you've filed an action seeking a court order
against the counter notifier to restrain the allegedly infringing activity. Such
evidence should be submitted by replying to this email. It we don't receive notice

from you, we may reinstate the material to VouTube.
If you have any questions, please contact copy rights1 yootube.com
Counter-Notification as follows:
Videos included in counter-notification:

• http://www voutube.com/walch?v=NJ9WQ4x8QSM
Display name of uploader; exposedathelsfs
I was giver permission to upload this from the admin, support from the Veritas

Forum. They have the rights to this video.
[ swear, under penalty of perjury, that I have a good faith belief the material was

removed due to a mistake or misidentification of the material to be removed or
disabled.
I consent to the jurisdiction of the Federal District Court for the district in which
my address is located, Or if my address Is outside of the United States, the

judicial district in which YouTube is located, and will accept service of process
from the claimant.
Jesse Flores
4330 Forest Ranch Way
Oceanslde. CA 92057 US
ex o osedathe i sts-9 1 98 @oaqes . plusaooolc .c o m

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