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A 512(f) Plaintiff Wins at Trial! ??–Alper Automotive v. Day to Day Imports

Technology & Marketing Law Blog

In 2004, the Ninth Circuit eviscerated it (in the Rossi case) by requiring plaintiffs to show that senders subjectively believed their takedown notices were abusive. The Lenz case got a lot of press, but it ended with a confidential settlement. Diebold from 2004, which led to a $125k damages award. A New 512(f) Plaintiff Win!