Court of Federal Claims Holds it Lacks Jurisdiction to Hear Cases Against the United States Under the Digital Millennium Copyright Act

Per Blueport Co., LLP, v. U.S., 71 Fed.Cl. 768 (Fed. Cl. Jun. 29, 2006):

Per Blueport Co., LLP, v. U.S., 71 Fed.Cl. 768 (Fed. Cl. Jun. 29, 2006):

The sole issue arising out of this motion, one of first impression, is whether the U.S. Court of Federal Claims has jurisdiction to adjudicate Count II of the Complaint--a claim for monetary damages against the United States arising under the Digital Millennium Copyright Act of 1998, 17 U.S.C. § 1201 et seq. ("DMCA"). Defendant argues that its motion should be granted because the DMCA does not expressly waive sovereign immunity. The court agrees.

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[T]he general rule is when jurisdiction is explicitly conferred on a designated court, such as here to the "district courts," such designation bars other courts from entertaining claims under that statute. See LeBlanc v. United States, 50 F.3d 1025, 1030 (Fed.Cir.1995) (language in 31 U.S.C. § 3730(h), which states: "An employee may bring an action in the appropriate district court of the United States for the relief provided in this subsection," does not provide for jurisdiction in the Court of Federal Claims).

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The text of a statutory jurisdictional or remedy provision mentioning only the "district courts" is therefore all that is required to exclude this court's jurisdiction. . . . Accordingly, this court must conclude that the DMCA does not contain a clear statement waiving sovereign immunity which is necessary for plaintiff to have jurisdiction in this court.