He discovered that a number of his photos were uploaded by users to the AllVoices website in February 2011 and sent the company a cease and desist letter. AllVoices did not immediately remove the photos as required under the DMCA. Oppenheimer filed suit against the company alleging in part that AllVoices waived its immunity by failing to register a DMCA agent prior to the occurrence of the copyright infringement. AllVoices argued the immunity still exists notwithstanding the late agent registration.