Blueport Co. v. United States

Opinion

BLOCK, Judge.

Before this court is the defendant United States’ motion for partial summary judgment pursuant to Rule of the Court of Federal Claims (“RCFC”) 56(b). 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…