U.s. District court for the district of columbia has jurisdiction under copyright laws. Plaintiffs motion picture, "the Hurt locker," is a "bitTorrent protocol" or "torrent" the method of transfer among the P2P network users is called a "BitTorrent protocol"
U.s. District court for the district of columbia has jurisdiction under copyright laws. Plaintiffs motion picture, "the Hurt locker," is a "bitTorrent protocol" or "torrent" the method of transfer among the P2P network users is called a "BitTorrent protocol"
U.s. District court for the district of columbia has jurisdiction under copyright laws. Plaintiffs motion picture, "the Hurt locker," is a "bitTorrent protocol" or "torrent" the method of transfer among the P2P network users is called a "BitTorrent protocol"
Case 1:10-cv-00873-BAH Document 1 Filed 05/24/10 Page 1 of 6
UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF COLUMBIA VOLTAGE PICTURES, LLC ) 6360 Deep Dell Place ) Los Angeles, CA 90068 ) ) Plaintiff, ) ) v. ) CA. ) DOES 1 - 5,000 ) ) Defendants. ) ) COMPLAINT FOR COPYRIGHT INFRINGEMENT Plaintiff, by its attorneys, for its complaint against Defendants, allege: JURISDICTION AND VENUE 1. This is a civil action seeking damages and injunctive relief for copyright infringement under the copyright laws of the United States (17 US.C. 101 et seq.). 2. This Court has jurisdiction under 17 US.C. 101 et seq.; 28 US.C. 1331 (federal question); and 28 US.C. 1338(a) (copyright). 3. The manner of the transfer of Plaintiffs motion picture, "The Hurt Locker," among the P2P network users is called a "BitTorrent protocol" or "torrent," which is different than the standard P2P protocol used for such networks as Kazaa and Limewire. The BitTorrent protocol makes even small computers with low bandwidth capable of participating in large data transfers across a P2P network. The initial file-provider intentionally elects to share a file with a torrent network. This initial file is called a seed. Other users ("peers") on the network connect to the seed file to download. As yet additional peers request the same file each additional user becomes a part of the network from where the file can be downloaded. However, unlike a 1 Case 1:10-cv-00873-BAH Document 1 Filed 05/24/10 Page 2 of 6 traditional peer-to-peer network, each new file downloader is receiving a different piece of the data from each user who has already downloaded the file that together comprises the whole. This piecemeal system with multiple pieces of data coming from peer members is usually referred to as a "swarm." The effect of this technology makes every downloader also an uploader of the illegally transferred file(s). This means that every "node" or peer user who has a copy of the infringing copyrighted material on a torrent network must necessarily also be a source of download for that infringing file. 4. This distributed nature of BitTorrent leads to a rapid viral spreading of a file throughout peer users. As more peers join the swarm, the likelihood of a successful download increases. Because of the nature of a BitTorrent protocol, any seed peer that has downloaded a file prior to the time a subsequent peer downloads the same file is automatically a source for the subsequent peer so long as that first seed peer is online at the time the subsequent peer downloads a file. Essentially, because of the nature of the swarm downloads as described above, every infringer is simultaneously stealing copyrighted material from many ISPs in numerous jurisdictions around the country. 5. Venue in this District is proper under 28 US.c. 1391(b) and/or 28 US.C. 1400(a). Although the true identity of each Defendant is unknown to the Plaintiff at this time, on information and belief, each Defendant may be found in this District and/or a substantial part of the acts of infringement complained of herein occurred in this District. On information and belief, personal jurisdiction in this District is proper because each Defendant, without consent or permission of the Plaintiff as exclusive rights owner, distributed and offered to distribute over the Internet copyrighted works for which the Plaintiff has exclusive rights. Such unlawful distribution occurred in every jurisdiction in the United States, including this one. In addition, 2 Case 1:10-cv-00873-BAH Document 1 Filed 05/24/10 Page 3 of 6 each Defendant contracted with an Internet Service Provider found in this District to provide each Defendant with access to the Internet. PARTIES 6. Plaintiff Voltage Pictures, LLC (the "Plaintiff') is a creator and distributor of motion pictures. Plaintiff brings this action to stop Defendants from copying and distributing to others over the Internet unauthorized copies of the Plaintiffs copyrighted motion picture. Defendants' infringements allow them and others unlawfully to obtain and distribute for free unauthorized copyrighted works that the Plaintiff spends millions of dollars to create and/or distribute. Each time a Defendant unlawfully distributes a free copy of the Plaintiff s copyrighted motion picture to others over the Internet, each person who copies that motion picture can then distribute that unlawful copy to others without any significant degradation in sound and picture quality. Thus, a Defendant's distribution of even one unlawful copy of a motion picture can result in the nearly instantaneous worldwide distribution of that single copy to a limitless number of people. The Plaintiff now seeks redress for this rampant infringement of their exclusive rights. 7. Plaintiff Voltage Pictures, LLC is a California Limited Liability Company, with its principal place of business at 6360 Deep Dell Place, Los Angeles, CA 90068. Plaintiffis engaged in the production, acquisition, and distribution of motion pictures for theatrical exhibition, home entertainment, and other forms of distribution. Plaintiff is the owner of the copyrights and/or the pertinent exclusive rights under copyright in the United States in the motion picture that has been unlawfully distributed over the Internet by the Defendants. 8. The true names of Defendants are unknown to the Plaintiff at this time. Each Defendant is known to the Plaintiff only by the Internet Protocol ("IP") address assigned to that Defendant by his or her Internet Service Provider on the date and at the time at which the infringing activity 3 Case 1:10-cv-00873-BAH Document 1 Filed 05/24/10 Page 4 of 6 of each Defendant was observed. The Plaintiff believes that information obtained in discovery will lead to the identification of each Defendant's true name and permit the Plaintiff to amend this Complaint to state the same. COUNT I INFRINGEMENT OF COPYRIGHTS 9. The Plaintiff is responsible for the creation, development, and production of the commercially released motion picture titled "The Hurt Locker," the winner of six Academy Awards, including Best Motion Picture of the Year, that has significant value and has been produced and created at considerable expense. 10. At all relevant times the Plaintiff has been the holder of the pertinent exclusive rights infringed by Defendants, as alleged hereunder, for certain copyrighted motion pictures, including but not limited to the screenplay and the copyrighted motion picture "The Hurt Locker" (collectively, including derivative works, the "Copyrighted Motion Picture"). The Copyrighted Motion Picture is the subject of valid Certificate of Copyright Registrations, including without limitation # PAu003078487, PAu003454798, V3554D772, and V3554D991, issued by the Register of Copyrights. 11. The Copyrighted Motion Picture contains a copyright notice advising the viewer that the motion picture is protected by the copyright laws. 12. The Plaintiff is informed and believes that each Defendant, without the permission or consent of the Plaintiff, has used, and continues to use, an online media distribution system to distribute to the public, including by making available for distribution to others, the Copyrighted Motion Picture. The Plaintiff has identified each Defendant by the IP address assigned to that Defendant by his or her ISP on the date and at the time at which the infringing activity of each Defendant was observed that has to date, without the permission or consent of the Plaintiff, 4 Case 1:10-cv-00873-BAH Document 1 Filed 05/24/10 Page 5 of 6 distributed to the public, including by making available for distribution to others. In doing so, each Defendant has violated the Plaintiffs exclusive rights of reproduction and distribution. Each Defendant's actions constitute infringement of the Plaintiffs exclusive rights protected under the Copyright Act of 1976 (17 US.C. 101 et seq.). 13. The foregoing acts of infringement have been willful, intentional, and in disregard of and with indifference to the rights of the Plaintiff. 14. As a result of each Defendant's infringement of the Plaintiff s exclusive rights under copyright, the Plaintiff is entitled to relief pursuant to 17 US.C. 504 and to its attorneys' fees and costs pursuant to 17 US.c. 505. 15. The conduct of each Defendant is causing and, unless enjoined and restrained by this Court, will continue to cause the Plaintiff great and irreparable injury that cannot fully be compensated or measured in money. The Plaintiff has no adequate remedy at law. Pursuant to 17 U.S.C. 502 and 503, the Plaintiff is entitled to injunctive relief prohibiting each Defendant from further infringing the Plaintiff s copyright and ordering that each Defendant destroy all copies of Copyrighted Motion Picture made in violation of the Plaintiff s copyrights. WHEREFORE, the Plaintiff prays for judgment against each Defendant as follows: 1. F or entry of preliminary and permanent injunctions providing that each Defendant shall be enjoined from directly or indirectly infringing the Plaintiffs rights in the Copyrighted Motion Picture and any motion picture, whether now in existence or later created, that is owned or controlled by the Plaintiff ("the Plaintiffs Motion Pictures"), including without limitation by using the Internet to reproduce or copy the Plaintiff s Motion Pictures, to distribute the Plaintiff s Motion Pictures, or to make the Plaintiff s Motion Pictures available for distribution to the public, except pursuant to a lawful license or with the express authority of the Plaintiff. 5 Case 1:10-cv-00873-BAH Document 1 Filed 05/24/10 Page 6 of 6 Defendant also shall destroy all copies of the Plaintiff's Motion Pictures that Defendant has downloaded onto any computer hard drive or server without the Plaintiff's authorization and shall destroy all copies of those downloaded motion pictures transferred onto any physical medium or device in each Defendant's possession, custody, or control. 2. For actual damages or statutory damages pursuant to 17 U.S.C. 504, at the election of the Plaintiff. 3. For the Plaintiff's costs. 4. For the Plaintiff's reasonable attorneys' fees. 5. For such other and further relief as the Court deems proper. DATED: May 21 , 2010 Respectfully Submitted, VOL T AGE PICTURES, LLC, By: Thomas M. Dunlap D.C. Bar # 471319) Nicholas A. Kurtz (D.C. Bar # 980091) DUNLAP, GRUBB & WEAVER, PLLC 1200 G Street, NW Suite 800 Washington, DC 20005 Telephone: 202-316-8558 Facsimile: 202-318-0242 tdunlap@dglegal.com nkurtz@dglegal.com Attorneys for the Plaintiff 6 Case 1:10-cv-00873-BAH Document 1-1 Filed 05/24/10 Page 1 of 2 E" -813 JS-44 CIVIL COVER SHEET U
:VOLTAGE PICTURES, LLC ' 1---------------------------------------------- I :DOES 1-5,000 I , I , , I --------------------------------- I ______________________________________________ i (b) COUNTY OF RESIDENCE OF FIRST LISTED PLAINTIFF (EXCEPT IN U.S. PLAINTIFF CASES) COUNTY OF RESIDENCE OF FIRST LISTED DEFENDANT (IN U.S. PLAINTIFF CASES ONLY) NOTE IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF L' __ ______ _ A Case: 1: 10-cv-00873 :DUNLAP, GRUBB & WEAVER, PLLC :1200 G ST, NW STE 800 :WASHINGTON, DC 20007 Assigned To : Urbina, Ricardo M. Assign. Date: 5/24/2010 Description: General Civil :(202)316-8558 L ____________________________________________ -' II. BASIS OF JURISDICTION III CITIZENSHIP OF PRINCIPAL PARTIES (PLACE AN x IN ONE BOX FOR PLAINTIFF AND ONE BOX FOR DEFENDANT) FOR DIVERSITY CASES ONLY! 0 IUS Governrn t deral QuestIOn PTF OFT PTF OFT PlamtIff S Government Not a Party) Citizen of thIs State 0 0 Incorporated or Pnnclpal Place 0 4 0 of Business m ThIS State 0 2 U S Government 0 4 DIverSIty 0 0 0 0 Defendant (IndIcate CItIzenshIp of CItizen of Another State 2 2 Incorporated and Pnnclpal Place 5 PartIes m Item III) 0 0 of Business m Another State CItizen or Subject of a 3 3 4 5 ForeIgn Country ForeIgn NatIOn 0 6 0 6 IV. CASE ASSIGNMENT AND NATURE OF SUIT (Place a X in one catee:orv, A-N, that best represents your cause of action and one in a correspondine: Nature of Suit) o A. Antitrust t o 410 Antitrust I o B. Personal Injury/ Malpractice o 310 Airplane o 315 Airplane Product Liability o 320 Assault, Libel & Slander o 330 Federal Employers Liability D 340 Marine o 345 Marine Product Liability o 350 Motor Vehicle o 355 Motor Vehicle Product Liability o 360 Other Personal Injury o 362 Medical Malpractice D 365 Product Liability o 368 Asbestos Product Liability C 0 General Civil (Other) -, OR o C. Administrative Agency Review o 151 Medicare Act Social Security: o 861 HIA 1395ft) D 862 Black Lung (923) o 863 DlWCIDIWW (405(g) o 864 ssm Title XVI o 865 RSI (405(g) Other Statutes o 891 Agricultural Acts D 892 Economic Stabilization Act o o D 893 Environmental Matters 894 Energy Allocation Act 890 Other Statutory Actions (If Administrative Agency is Involved) o F. Pro Se General Civil 0210 Land Condemnation 0220 Foreclosure Bankruptcy 0422 Appeal 28 USC 158 o 423 Withdrawal 28 USC 157 ForfeiturelPenalty 0610 Agriculture D 620 Other Food &Orug o 625 Drug Related Seizure Prisoner Petitions of Property 21 USC 881 0230 Rent, Lease & Ejectment 0240 Torts to Land 0245 Tort Product Liability 0290 All Other Real Property D 535 Death Penalty o 540 Mandamus & Other 0550 Civil Rights o 630 Liquor Laws o 640 RR & Truck 0650 Airline Regs o 660 Occupational Personal Property 0555 Prison Condition 0370 Other Fraud ............. 0371 Truth in Lending ProDertvRi"hts 0380 Other Personal Property Damag [K] 82Yopyrights 0385 Property Damage Product ... ;;;;;g'ii:r=':sr:i:L .... o 840 Trademark Federal Tax Suits o 870 Taxes {US plaintiff or defendant 0871 IRS-Third Party 26 USC 7609 Safety/Health 0690 Other Other Statutes o 400 State Reapportionment o 430 Banks & Banking o 450 CommercelICC Rates/etc. o 460 Deportation o D. Temporary Restraining OrderlPreliminary Injunction Any nature of suit from any category may be selected for this category of case assignment. *(If Antitrust, then A governs)" o 470 Racketeer Influenced & Corrupt Organizations o 480 Consumer Credit o 490 Cable/Satellite TV o 810 Selective Service o 850 Securities/Commodities/ Exchange o 875 Customer Challenge 12 USC 3410 o 900 Appeal of fee determination under equal access to Justice o 950 Constitutionality of State Statutes o 890 Other Statutory Actions (if not administrative agency review or Privacy Act Case 1:10-cv-00873-BAH Document 1-1 Filed 05/24/10 Page 2 of 2 o G. Habeas Corpus/ 2255 o 530 Habeas Corpus-General o 510 MotionNacate Sentence o H. Employment Discrimination o 442 Civil Rights-Employment (criteria: race, gender/sex, national origin, discrimination, disability age, religion, retaliation) *(If pro se, select this deck)' o I. FOIAIPRIVACY ACT o 895 Freedom of Information Act o 890 Other Statutory Actions (if Privacy Act) *(If pro se, select this deck)' o J. Student Loan o 152 Recovery of Defaulted Student Loans (excluding veterans) o K. Labor/ERISA (non-employment) o L. Other Civil Rights (non-employment) o M. Contract o N. Three-Judge Court o 710 Fair Labor Standards Act o 720 LaborlMgmt. Relations o 730 LaborlMgmt. Reporting & Disclosure Act o 740 Labor Railway Act o 790 Other Labor Litigation o 791 Empl. Ret. Inc. Security Act 0 o 441 Voting (if not Voting Rights Act) 0443 Housing/Accommodations 0444 Welfare o 440 Other Civil Rights o 445 American wIDisabilities- Employment o 446 Americans wIDisabilities- Other o o o o o o o o o o 110 Insurance 120 Marine 130 Miller Act 140 Negotiable Instrument 150 Recovery of Overpayment & Enforcement of Judgment 153 Recovery of Overpayment of Veteran's Benefits 160 Stockholder's Suits 190 Other Contracts 195 Contract Product Liability 196 Franchise o 441 Civil Rights-Voting (if Voting Rights Act) o 7 Appeal to
2 Removed from State Court o 3 Remanded from Appellate Court o 4 Reinstated or Reopened o 5 Transferred from another district (specify) o 6 Multi district Litigation District Judge from Mag. Judge '!I!F;. )Y(!IJ!:AB_R1H SC 101 et seq. - Copyright infringement VII. REQUESTED IN COMPLAINT VIII. RELATED CASE(S) IF ANY DATE OS/21/2010 CHECK IF THIS IS A CLASS ACTION UNDER F R C P 23 (See instructIOn) YES 0 SIGNATURE OF ATTORNEY OF RECORD DEMAND $ ___ ____ : Check YE I only t dem nded in c RY DEMAND: YES 0 INSTRUCTIONS FOR COMPLETING CIVIL COVER SHEET JS-44 Authonty for CIVil Cover Sheet The JS-44 CIVIl cover sheet and the informatIOn contained herein neither replaces nor supplements the filmgs and service of pleadmgs or other papers as reqUired by law, except as proVided by local rules of court ThiS form, approved by the JudiCial Conference of the Umted States m September 1974, IS reqUired for the use of the Clerk of Court for the purpose of InItIatmg the CIVil docket sheet Consequently a CIVil cover sheet IS submitted to the Clerk of Court for each CIVil complamt filed Listed below are ups for completmg the CIVil cover sheet These tipS comclde With the Roman Numerals on the Cover Sheet I. COUNTY OF RESIDENCE OF FIRST LISTED PLAINTIFF/DEFENDANT (b) County of residence Use 11001 to mdlcate plamtIff IS reSident of Washmgton, DC. 88888 Ifplamuffls reSident of the United States but not of Wash mgt on, DC, and 99999 Ifplamuffls outSide the United States plaint III. CITIZENSHIP OF PRINCIPAL PARTIES ThiS sectIOn IS completed2!l!Y.lfdlVerslty ofcluzenshlp was selected as the BaSIS ofJunsdlctlon under SectIOn II IV. CASE ASSIGNMENT AND NATURE OF SUIT The assignment of a Judge to your case Will depend on the category you select that best represents the cause of actIOn found In your complamt You may select only category You.!!!!ill also correspondmg nature of SUIt found under the category of case VI. CAUSE OF ACTION Cite the US CIVil Statute under which you are filing and wnte a brief statement of the pnmary cause VIII. RELATED CASES, IF ANY' If you indicated that there IS a related case, you must complete a related case form, which may be obtained from the Clerk's Office Because of the need for accurate and complete mformatlOn, you should ensure the accuracy of the information provided pnor to Signing the form