Judge Tosses 'Zombie Go Boom' Advertisement Suit Against YouTube
A federal judge ruled YouTube's agreement with content providers gives it the discretion not to display ads.
March 07, 2018 at 06:56 PM
3 minute read
SAN FRANCISCO — A federal judge Wednesday dismissed a proposed class action against YouTube over the so-called “Adpocalypse” debacle, ruling that its contract with content providers gave YouTube leeway to decide how advertisements are shown.
The lawsuit was filed last October by the producers of the “Zombie Go Boom” YouTube channel, described by its creators as “a live-action zombie series that is essentially a combination of 'Mythbusters' and 'The Walking Dead.'” It sought to represent a class of other filmmakers who were financially impacted by YouTube's ad changes.
Represented by attorneys at the Law Offices of Todd M. Friedman in Los Angeles, the “Zombie Go Boom” producers alleged that their ad revenue dropped dramatically—from about $300 to $500 per day to $20 to $40 per day—after YouTube altered its AdSense algorithm.
Those changes were made after The Wall Street Journal reported in March of last year that YouTube, which is owned by Google, displayed ads on objectionable content such as videos supporting neo-Nazi causes and ISIS. But the plaintiffs alleged the changes didn't work, and instead pulled ads from content that did not breach YouTube guidelines while still displaying them next to other videos that did.
U.S. District Judge Edward Chen of the Northern District of California, in an order granting YouTube's motion to dismiss the case with prejudice, agreed with the company that its standard agreement with content providers gives YouTube full discretion about whether to display ads next to posted videos at all.
Chen also rejected arguments by the plaintiffs that those provisions in the contract should be declared invalid because they make the agreement “illusory” and breach the “implied covenant of good faith and fair dealing” under California law.
“While the implied convenant of good faith and fair dealing may be applied where contract terms are silent,” Chen wrote, “its application to contradict an express term of a contract is narrowly circumscribed.”
The judge's order goes in-depth into case law touching on when the covenant can override a contract's terms. But he ultimately concludes that in YouTube's case, doing so is not warranted because video producers still gain benefits under other provisions.
“Regardless of how YouTube exercised its discretionary power in determining whether to display advertisements under the partner program terms,” Chen wrote, “the agreement … between Zombie and YouTube was supported by adequate independent consideration.”
“In particular, YouTube allowed Zombie to post videos on its forum free of charge in exchange for getting a license to its content,” he added.
Lawyers for the plaintiffs did not immediately answer emails seeking comment on Chen's ruling Wednesday afternoon.
Google, which is represented by Wilson Sonsini Goodrich & Rosati, also did not immediately respond to a request for comment.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllMorgan Lewis Shutters Shenzhen Office Less Than Two Years After Launch
Invoking Trump, AG Bonta Reminds Lawyers of Duties to Noncitizens in Plea Dealing
4 minute read‘Extremely Disturbing’: AI Firms Face Class Action by ‘Taskers’ Exposed to Traumatic Content
5 minute readState Appeals Court Revives BraunHagey Lawsuit Alleging $4.2M Unlawful Wire to China
3 minute readTrending Stories
- 1'A Death Sentence for TikTok'?: Litigators and Experts Weigh Impact of Potential Ban on Creators and Data Privacy
- 2Bribery Case Against Former Lt. Gov. Brian Benjamin Is Dropped
- 3‘Extremely Disturbing’: AI Firms Face Class Action by ‘Taskers’ Exposed to Traumatic Content
- 4State Appeals Court Revives BraunHagey Lawsuit Alleging $4.2M Unlawful Wire to China
- 5Invoking Trump, AG Bonta Reminds Lawyers of Duties to Noncitizens in Plea Dealing
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250