Friday, June 5, 2026
Page 4
Ninth Circuit:
Google Not Obliged to Remove Channel Using Plaintiff’s Face as Icon
By a MetNews Staff Writer
The Ninth U.S. Circuit Court of Appeals yesterday affirmed an order granting a motion by Google to dismiss an action brought against it by a man who claims the online service provider was obliged to take down a channel that usurps his identity by using a likeness of him as its icon.
Plaintiff David Stebbins, who uses the alias, “Acerthorn” in his YouTube postings, contends in his complaint, filed in the U.S. District Court for the Northern District of California:
“There is a Youtube channel called ‘Acerthorn the True Acerthorn, or ATTA for short, which is dedicated to harassing me, doxxing me, impersonating me (as evidenced by the channel’s name), and infringing on my copyright….”
The pleading alleges that the antagonist uses a channel icon with the plaintiff’s face and that “Google did not take down the infringing icon” despite his demand pursuant to the Digital Millennium Copyright Act.
District Court Judge Trina L. Thompson of the Northern District of California dismissed the action and declared Stebbins to be a vexatious litigant. Affirmance came in a memorandum opinion signed by Circuit Judges Michelle T. Friedland, Johnnie B. Rawlinson, and Lawrence VanDyke.
They said that Thompson “did not err in concluding that the applicable factors weighed in favor of finding that the Channel Icon was a fair use of Stebbins’ copyrighted work” because it is “sufficiently transformative…by adding a ‘new expression, meaning, or message,’ through criticism of Stebbins’ copyrighted work,” adding:
“We also agree that…the Channel Icon is a single frame from a nearly four-hour long livestream during which Stebbins and another individual primarily discuss their opinions of a video game and Stebbins’ handling of feedback.”
The judges remarked that “the Channel Icon does not affect the potential market or value of the copyrighted work.”
Stebbins posted online a video of a hearing that took place in the District Court. Thompson ordered that he delete the video from YouTube and desist from recording proceedings in the future,
Yesterday’s opinion says:
“This order was within the district court’s inherent powers following its finding that Stebbins’ conduct raised privacy concerns, as Google did not consent to the recording, and violated civility and ethical litigation norms.”
The case is Stebbins v. Google LLC, 24-1936.
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