Lewis v. YouTube, LLC

244 Cal. App. 4th 118 (2015)

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Lewis v. YouTube, LLC

California Court of Appeals
244 Cal. App. 4th 118 (2015)

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Facts

Jan Lewis (plaintiff) created videos and uploaded them on computer servers belonging to YouTube, LLC (defendant). YouTube allowed users of its computer servers to share their videos for free. Before uploading a video, users were required to agree to YouTube’s terms of service (TOS). Lewis agreed to the TOS and uploaded her videos. The TOS contained a limitation-of-liability clause that absolved YouTube of any liability for various acts or omissions listed in the TOS, which were broad enough to cover every liability possible from using YouTube. The TOS also precluded a finding of damages in any action against YouTube. Lewis’s videos garnered a large viewership and many comments. In 2012, YouTube deleted Lewis’s account without notice. When Lewis asked why, YouTube informed her that her videos were in violation of the TOS. Lewis sued YouTube for breach of contract and for violation of the implied covenant of good faith and fair dealing. For damages, Lewis sought, among other things, her out-of-pocket costs for producing the videos and reasonable value for her time making the videos. In the alternative, Lewis prayed for specific performance, asking the court to order YouTube to restore her channel to its status before it was deleted. YouTube restored Lewis’s account but without the deleted videos. Finding no provision in the TOS that would require YouTube to restore Lewis’s deleted videos, the trial court denied Lewis’s specific-performance request. The trial court also sustained YouTube’s demurrer to Lewis’s complaint without leave to amend. Lewis appealed.

Rule of Law

Issue

Holding and Reasoning (Mihara, J.)

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