Sunday, June 20News That Matters


HOLDINGS: [1]-In a breach of contract action against a video-sharing website, the limitation of liability clause in the terms of service applied to bar recovery of damages because the definition of “content,” as interpreted under Civ. Code, §§ 1636, 1638, 1644, encompassed the claim that a user’s content was deleted without prior notice; by claiming that the website wrongfully “deleted” the user’s videos, the number of views, and the comments, the user was claiming that the website failed to do as it should by “omitting” content; [2]-The user was not entitled to specific performance to restore the deleted videos, the view count, and the comments, because there was no provision in the terms of service requiring the website to maintain particular content, to display view counts or comments associated with videos, or suggesting that the site was a storage site for users’ content.

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Judgment affirmed.