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UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF TEXAS
AUSTIN DIVISION


IO GROUP, INC. d/b/a TITAN MEDIA,
a California corporation,

Plaintiff,
vs.
JOHN DOE , an individual,

Defendant.

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CIVIL ACTION NO.: 11-245





COMPLAINT

Plaintiff complains against Defendant as follows:
Introduction
1. This is an action by IO GROUP, INC. a California corporation, d/b/a Titan Media
(Titan Media), to recover damages arising from infringement of Io Groups copyrights in its
creative work by Defendant John Doe and to enjoin Defendant from future infringement.
Defendant reproduced, distributed, and publicly displayed, through the P2P network
eDonkey2000 an Io Group-owned movie.
Jurisdiction and Venue
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2. This Court has subject matter jurisdiction over Plaintiffs claims for copyright
infringement and related claims pursuant to 17 U.S.C. 101, et. seq., and 28 U.S.C. 1331 and
1338(a).
3. The Court has personal jurisdiction over Defendant. Plaintiff is informed and
believes and based thereon alleges that Defendant engaged in the infringing activity from within this
jurisdiction. Plaintiffs claims arise out of the conduct that gives rise to personal jurisdiction over
Defendant.
4. Venue is proper in this Court pursuant to 28 U.S.C. 1391(b)(2) and 1400(a).
The Parties
5. Io Group, Inc. is a California corporation doing business as TITANMEDIA and
TITANMEN with its principal place of business located at 69 Converse Street, San Francisco,
California 94103. Titan Media produces, markets, and distributes adult entertainment products,
including Internet website content, videos, DVDs, photographs, etc. Plaintiff operates and
maintains a website by and through which customers paying a monthly subscription fee may view
Plaintiffs photographic and audiovisual works. Io Group has won numerous awards for its high-
quality work, and competitors and consumers alike recognize Plaintiff as one of the highest quality
producers of gay erotica.
6. The true name and capacity of John Doe is presently unknown to Plaintiff, and for
that reason, Plaintiff sues the Defendant under a fictitious name. Plaintiff is informed and believes
and based thereon alleges that Defendant John Doe is responsible for the damages herein alleged.
Plaintiff will amend this Complaint when it discovers the true name and capacity of John Doe.
Claims of Copyright Infringement
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7. Technological advances have made it increasingly possible to transfer large amounts
of data, including digital video files, by and through the Internet. As Congress and the courts clarify
the law and close legal loopholes in order to hold infringers liable for their actions, would-be
infringers develop new and often increasingly complex means of engaging in piracy, hoping that the
complexity of their systems will help them avoid detection, identification, and prosecution.
Defendants infringement represents one of these manifestations of on-line digital piracy.
8. The system Defendant used to infringe Plaintiffs movie is a peer-to-peer file sharing
system known as eDonky2000. In order to access and use the eDonkey2000 Network, a user must
first download special software called an eDonkey client, the most popular client being eMule.
When a user downloads eMule or another eDonkey2000 client, he obtains a user hash id, which
identifies him to others on the network for the purpose of uploading and downloading infringing
content.
9. eDonkey2000 relies on a centralized index residing on a series of servers. Using an
eDonkey2000 client, users can access the index residing on the series of servers in order to locate
copies of infringing works offered by other eDonkey2000 users. Employing the rather sophisticated
technology users can identify material they wish to obtain from others. As part of the bargain, the
user of course must offer content to his peers in return. Often peers will use content as a
commodity to obtain content they want, even if they have no particular interest in the content they
offer.
10. Defendant reproduced a copy of Io Groups movie, Campus Pizza, and distributed
the infringing reproduction by and through the eDonkey2000 peer-to-peer network.
11. The Movie Campus Pizza was created with obviously high production values and is
easily discernable as a professional work. Io Group created the work using professional performers,
Case 1:11-cv-00245-SS Document 1 Filed 03/29/11 Page 3 of 6
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directors, cinematographers, lighting technicians, set designers and editors. Plaintiff created each
work with professional-grade cameras, lighting, and editing equipment.
12. Prior to placing the work in the stream of commerce, Plaintiff attached to the work
Plaintiffs trademark, a copyright notice, a warning that unauthorized copying is illegal and will be
prosecuted, and a statement as required by 18 U.S.C. 2257 that age verification records for all
individuals appearing in the works are maintained at corporate offices in San Francisco, California.
13. In June of 2010, Plaintiff discovered and documented the unauthorized reproduction
and distribution of Campus Pizza by and through the P2P network eDonkey2000.
14. Users of the eDonkey2000 network are not identified by name. Rather the system
tracks them by their unique user hash id. However, one can identify the ip address an eDonkey2000
user is using to connect to the Internet. The ip address is roughly analogous to a telephone number.
15. On June 7, 2010, by and through eDonkey2000, from the IP address 24.206.70.218,
Defendant, without Plaintiffs authorization, reproduced and distributed Plaintiffs work Campus
Pizza, which Plaintiff previously registered with the United States Copyright Office obtaining the
registration number PA 1-597-987. A true and complete copy of the United States Registration
certificate is attached hereto as Exhibit A.
16. Defendant knew or should have known the infringed work belonged to Plaintiff and
that Defendant did not have permission to exploit the work.
17. Defendant knew or should have known the work was a professional work and likely
subject to copyright.
18. Defendant knew he did not have permission to engage in any of the acts held
exclusively by copyright holders.
19. Defendant knew or should have known his acts constituted copyright infringement.
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20. Defendants conduct was willful within the meaning of the Copyright Act.
21. As a result of his wrongful conduct, Defendant is liable to Plaintiff for copyright
infringement pursuant to 17 U.S.C. 501. Plaintiff has suffered, and will continue to suffer,
substantial losses, including but not limited to damage to its business reputation and goodwill.
22. Plaintiff is entitled to recover damages, which include its losses and any and all
profits Defendant has made as a result of his wrongful conduct. 17 U.S.C. 504. Alternatively,
Plaintiff is entitled to statutory damages under 17 U.S.C. 504(c).
23. In addition, because the infringement was willful, the award of statutory damages
should be enhanced in accordance with 17 U.S.C. 504(c) (2).
JURY DEMAND
24. Pursuant to Rule 38 of the Federal Rules of Civil Procedure, Plaintiff demands a trial
by jury of all issues properly triable by a jury in this action.
PRAYER
WHEREFORE, Plaintiff Io Group, Inc. respectfully requests judgment as follows:
(1) That the Court enter a judgment against Defendant that he has: a) willfully infringed
Plaintiffs rights in a federally registered copyright under 17 U.S.C. 501; and b) otherwise injured
the business reputation and business of Plaintiff by Defendants acts and conduct set forth in this
Complaint.
(2) That the Court issue injunctive relief against Defendant, and that Defendant, his
agents, representatives, servants, employees, attorneys, successors and assigns, and all others in
active concert or participation with him, be enjoined and restrained from copying, posting or making
any other infringing use or infringing distribution of audiovisual works, photographs or other
materials owned by or registered to Plaintiff;
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(3) That the Court enter an order of impoundment pursuant to 17 U.S.C. 503 and
509(a) impounding all infringing copies of Plaintiffs audiovisual works, photographs or other
materials, which are in Defendants possession or under his control;
(4) That the Court order Defendant to pay Plaintiffs general, special, actual and
statutory damages as follows: Plaintiffs damages and Defendants profits pursuant to 17 U.S.C.
504(b), or in the alternative, enhanced statutory damages in the amount of one hundred fifty
thousand dollars ($150,000.00) per infringed work, pursuant to 17 U.S.C. 504(c)(2), for
Defendants willful infringement of Plaintiffs copyrights; and
(5) That the Court grant to Plaintiff such other and additional relief as is just and proper.
Dated: March 28, 2011 Respectfully submitted,

DEEGEAR & MATTHEWS, PLLC
5945 Broadway
San Antonio, Texas 78209-5235
Jim@DeegearMatthewsLaw.com
Telephone: (210) 930-5557
Telecopier: (210) 930-3607




By: /s/James O. Deegear III
JAMES O. DEEGEAR III
Texas Bar No. 05713500

Case 1:11-cv-00245-SS Document 1 Filed 03/29/11 Page 6 of 6
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Case 1:11-cv-00245-SS Document 1-1 Filed 03/29/11 Page 1 of 1
>.JS 44 (Rev. 12107)
CIVIL COVER SHEET
The JS 44 civil cover sheel. and the information herein neithcr rcplace filing and seryice of'pIcadings or other papcrs as required by hlw, except as
by local rules ofcoun. This form, approved by the Judleml Conference of the United States In September 1974, IS required for the use ofthc Clerk ofCoun for lhe purposc oflmtlatmg
lhe civil docket sheet. (SEE II"STRUCTIONS ON TilE REVERSE OF TIlE FORM.)
I. (a) PLAINTIFFS
10 Group, Inc d/b/a Titan Media, a California corporation
DEFENDANTS
John Doe, an individual
(b) County of Rcsidencc of First Listcd Plaintiff San Francisco, CA
(EXCEPT II" U.S. PLAINTIFF CASES)
County of Residence of First Listed Dcfendant Travis County, TX
(IN U.S. PLAINTIFF CASES ONLV)
NOTE: IN LAND CONDEMNATIOI" C,\SES, USE THE LOCATIOI" OF THE
LAND INVOLVED.
(c) Anorney's (Finn Name, Address, and Telephone Number)
James O. Deegear III, Deegear & Matthews, PLLC, 5945 Broadway, San
Antonio, Texas 78209 (210) 930-5557
Attorneys (If Known)
II. BASIS OF JURISDICTION (place.n-XOO ill One Oox Only)
LJ I u.s. GO"emmenl
Plainliff
)ll 3 Federal Queslion
(U.S. Governmenl 1'01 a Pat1y)
III. CITIZENSHIP OF PRINCIPAL PARTIES(Place all "X" in One Box for Plainliff
(For Diversicy Cases Only) and One Box for Defendant)
PTf DEF PTF DEF
Ciliun of This State a I a I Incorporated or Principal Place a 4 .::J 4
of Ousine.. In This Siale
a 2 U.S. Government
Defendanl
a 4 Diversily
(Indieale Citizenship of l'at1ies in hem III)
Cilizen of Anolher Slate
Ciliun or Subject of.
Forei n Country
LI 2 a 2 InCOrp<lr.led and Princip.1 Place
of Uusiness In Anolber Slate
L.J 3 a 3 Foreign I'alion
LI 5 .::J 5
o 6 .::J I>
IV N TURE OF SUIT A (Place an ..x.. in One Box Onlv)
I CONTRA TORTS "'OD"V.ITURFJPENAI.TV BANKRUPTCY OTIIER STATUTES
a 110 Insurance PERSON,\I. INJURY I'ERSONAI. INJURY a 610 Agriculture a 422 Appe.1 28 Usc 158 a 400 Stalc Reapportionment
a 120 Marine a 310 Airplane a 362 I'erson.llnjury - a 620 Other Food & Drug a 423 Withdrawal a 410 Anlilrusl
a 130 Miller Acl a 315 Airplane Produci />led. Malpractice a 625 Drug Related Seizure 28 USC 157 U 430 Oanks and Banking
a 140 I'egoli.ble Instrumenl li.bility a 365 Person.l Injury ofpropcrly 21 USC 88\ U 450 Commerce
a 150 Roeo"ery of Owrpaymenl a 320 Assault, Libel & Produci liabilicy a 630 liquor laws a 460 Deportalion
& Enforcement ofJudgmenl Slander a 368 Asbestos Personal a 640 R.R. & Truck " 820 CopyrighlS a 470 Rack..eer Influenced allJ
a 151 Medicare ACI a 330 Federal Employers' Injury Produci a 650 Airline Regs. a 830Patenl CorruplOrgani7....lions
:I 152 Reco"ery of Defaulted liabilily l.i.bililY a 660 Occupalional CJ 840 Trademark a 480 Consumer Credil
Studenl Loans a 340M.rille I'ERSONAI. PROPERTY S.felylHealih a 490 C.ble/S.l TV
(Excl. Velerans) a 345 M.rine I'roducl a 370 Olher Fraud a 6900lher a 810 Seleclive Service
:I IS3 Recovery ofOwrp.)'lItenl li.bilily a 371 Trulh in Lending
.A.RnR ..nC'A.l ......' IDlorv
a 850
of Veteran's Ilenelils a 350 MOlor Vehicle CJ 380 Olher Personal a 710 Fair labor Standards a 861 lilA (139511) Exchange
.::J Il,O Stockholders' Suits Cl 355 Molur Vehicle Propert), D.mage Act a 862 Black Lung (923) CJ 875 Cuslomer Challenge
Cl 190 Olhor Conlract Product li.bility CJ 385 PlOpeny Damage CJ 720 labor/Mgmt. Relalions a 863 D1WClDIWW (405(g)) 12 USC 3410
a 195 ConlnlCt Produci liabilily CJ 360 Olher Personal produetliabilicy a 730 labor/Mgml.Reponing a 864 SSID Title XVI a 890 Olher StaIUlOl)' AClions
a 196 Franchise Iniurv & Disclosure Act a 865 RSI (405(e)) a 891 Agricultural ,\cts
REAl. PROPERTY CMLRIGIITS PRISONER PETITIONS a 740 R.ilway Labor Act FEDERAL TAX SUITS a 892 Economic Stabilizalion Acl
a 210 L.nd Condemnation a 441 Votillg CJ 510 MOlionslo V.cale a 790 Olher labor lilig.lion a 870 Taxes (U.S. I'I.inliff a 893 Envirollmenlal Mailers
a 220 Foreclosure a 442 Employment Selltence a 791 Emp!. Ret. Inc. or Defendant) a 894 Energy Allocation Acl
a 230 RenlLease & Ejoelmenl a 443 1I0using' 1I0beOi Corpus: S.:curicy Act a 871 IRS-ThirJ Pat1y a 895 Fr""dom of lnlorm.lion
o 240 Tons to land Accommodations .::J 530 General 26 USC 7609 Acl
Cl 245 Ton ProduCI Liabilily CJ 444 Welf.re a 53S De.lh Penalty Il\Il\IlGRATlON a 900Appcai of Fee Determin.tlon
o 290 ,\11 Other Real propeny a 445 Amer. w!Disabililies :J 540 Mandamus & Other a 462 N.turalization Application Undel Equal Access
Employmenl a 550 Civil Rights a 463 lI.beu Corpus 10 Juslice
a 446 Amer. w/Dis.bililies a 555 Prison Condition Alien Detainee CJ 950 Conslilulionalily of
Other a 465 Olher Immigralion Siale SlalUles
CJ 440 Olher Civil Righls AClions
V. ORIGIN
I Original
Proceeding
(Place an -X" in One Box Only)
o 2 Removed from 0 3
State Coun
Remanded from 0 4 Reinstated or 0 5 from 0 6 Multidistrici
Appellate Court Reo....ncd dlstnet Litigalion
r- S eelf
o 7
Appeal to Districi
Judge from
Magistrate
Jud ment
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
VI. CAUSE OF ACTION
VII. REQUESTED IN
COMPLAINT:
o CHECK IF THIS IS A CI.ASS ACTION DEMAND S
UNDER F.R.C.P. 23 150,000.00
CHECK YES only ifdemanded in complaint:
JURY DEMAND: wi Yes 0 No
DOCKET NUMBER
VIII. RELATED CASE(S)
IFANY
DATE
03/29/2011
FOR on"ICE USE OSI.Y
RECEIPT #
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JUDGE _
MAG. JUDGE
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