Austin OBODAI, an individual and d/b/a HEPTAD, Plaintiff-Appellant, v. CRACKED ENTERTAINMENT INC., (Cracked.com), a specific humor site, Defendant, Demand Media Inc., a Delaware Corporation, Defendant-Appellee, 522 F. App'x 41

SUMMARY ORDER Appellant Austin Obodai, proceeding pro se, appeals from the district court’s grant of

summary judgment in favor of Demand Media Inc. (“Demand Media”), dismissing his copyright infringement action, pursuant to 17 U.S.C. § 501. We assume the parties’ familiarity with the underlying facts, procedural history of the case, and issues on appeal. We review orders granting

summary judgment de novo and focus on whether the district court properly concluded that there was no genuine issue as to any material fact and the moving party was entitled to judgment as a matter of law. See Miller v. Wolpoff & Abramson, L.L.P., 321 F.3d 292, 300 (2d Cir.2003). In determining whether there are genuine issues of material fact, we are “required to resolve all ambiguities and draw all permissible factual inferences in favor of the party against whom

summary judgment is sought.” Terry v. Ashcroft, 336 F.3d 128, 137 (2d Cir.2003) (internal quotation marks omitted).

Summary judgment is appropriate “[wjhere the record taken as a whole could not lead a rational trier of fact to find for the non-moving party.” Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). Upon conducting such a review, we conclude that Obodai’s appeal is without merit substantially for the reasons articulated by the district court in its well-reasoned

summary judgment decision. See Obodai v. Demand Media Inc., No. 11-cv-2503, 2012 WL 2189740 (S.D.N.Y. June 13, 2012). In short, the district court correctly determined that Demand Media was eligible for the User Storage Safe Harbor under the Digital Millennium Copyright Act, 17 U.S.C. § 512, because the undisputed evidence established that Demand Media satisfied the requirements under § 512(

c) and (i). The record does not support Obodai’s assertion that Demand Media’s use of the software tool “Tynt” required the district court to reach a different result. We have considered Obodai’s remaining arguments and find them to be without merit. The judgment of the district court is AFFIRMED.