Voltage Pictures Complaint

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Case 1:10-cv-00873-BAH Document 1 Filed 05/24/10 Page 1 of 6

UNITED STATES DISTRICT COURT FOR THEDISTRICT OF COLUMBIA

VOLTAGE PICTURES, LLC )6360 Deep Dell Place )Los Angeles, CA 90068 ))Plaintiff, ))v. ) CA.)DOES 1 - 5,000 ))Defendants. ))

COMPLAINT FOR COPYRIGHT INFRINGEMENTPlaintiff, by its attorneys, for its complaint against Defendants, allege:

JURISDICTION AND VENUE1. 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 ofPlaintiffs motion picture, "The Hurt Locker," among the

P2P network users is called a "BitTorrent protocol" or "torrent," which is different than thestandard P2P protocol used for such networks as Kazaa and Limewire. The BitTorrent protocolmakes even small computers with low bandwidth capable of participating in large data transfersacross a P2P network. The initial file-provider intentionally elects to share a file with a torrentnetwork. This initial file is called a seed. Other users ("peers") on the network connect to theseed file to download. As yet additional peers request the same file each additional userbecomes a part of the network from where the file can be downloaded. However, unlike a

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each Defendant contracted with an Internet Service Provider found in this District to provideeach Defendant with access to the Internet.

PARTIES

6. Plainti ff Voltage Pictures, LLC (the "Plainti ff') is a creator and distributor ofmotionpictures. Plaintiff brings this action to stop Defendants from copying and distributing to othersover the Internet unauthorized copies of the Plaintiffs copyrighted motion picture. Defendants'infringements allow them and others unlawfully to obtain and distribute for free unauthorizedcopyrighted works that the Plaintiff spends millions of dollars to create and/or distribute. Eachtime a Defendant unlawfully distributes a free copy of the Plaintif f s copyrighted motion pictureto others over the Internet, each person who copies that motion picture can then distribute thatunlawful 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 nearlyinstantaneous worldwide distribution of that single copy to a limitless number of people. ThePlaintiffnow seeks redress for this rampant infringement of their exclusive rights.

7. Plaintiff Voltage Pictures, LLC is a California Limited Liability Company, with itsprincipal place of business at 6360 Deep Dell Place, Los Angeles, CA 90068. Plaintiffisengaged in the production, acquisition, and distribution ofmotion pictures for theatricalexhibition, home entertainment, and other forms of distribution. Plaintiff is the owner of thecopyrights and/or the pertinent exclusive rights under copyright in the United States in themotion picture that has been unlawfully distributed over the Internet by the Defendants.

8. The true names ofDefendants are unknown to the Plaintiff at this time. Each Defendantis known to the Plaintiff only by the Internet Protocol ("IP") address assigned to that Defendantby his or her Internet Service Provider on the date and at the time at which the infringing activity

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of each Defendant was observed. The Plaintiff believes that information obtained in discoverywill lead to the identification of each Defendant's true name and permit the Plaintiff to amendthis Complaint to state the same.

COUNT IINFRINGEMENT OF COPYRIGHTS9. The Plaintiff is responsible for the creation, development, and production of the

commercially released motion picture titled "The Hurt Locker," the winner of six AcademyAwards, including Best Motion Picture of the Year, that has significant value and has beenproduced and created at considerable expense.

10. At all relevant times the Plaintiff has been the holder of the pertinent exclusive rightsinfringed by Defendants, as alleged hereunder, for certain copyrighted motion pictures, includingbut not limited to the screenplay and the copyrighted motion picture "The Hurt Locker"(collectively, including derivative works, the "Copyrighted Motion Picture"). The CopyrightedMotion Picture is the subject of valid Certificate of Copyright Registrations, including withoutlimitation # PAu003078487, PAu003454798, V3554D772, and V3554D991, issued by theRegister of Copyrights.

11. The Copyrighted Motion Picture contains a copyright notice advising the viewer that themotion picture is protected by the copyright laws.

12. The Plaintiff is informed and believes that each Defendant, without the permission orconsent of the Plaintiff, has used, and continues to use, an online media distribution system todistribute to the public, including by making available for distribution to others, the CopyrightedMotion Picture. The Plaintiff has identified each Defendant by the IP address assigned to thatDefendant by his or her ISP on the date and at the time at which the infringing activity of eachDefendant was observed that has to date, without the permission or consent of the Plaintiff,

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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 protectedunder 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 andwith indifference to the rights of the Plaintiff.

14. As a result of each Defendant' s infringement of the Plaintiff s exclusive rights undercopyright, the Plaintiff is entitled to relie f pursuant to 17 US.C. 504 and to its attorneys' feesand costs pursuant to 17 US.c. 505.

15. The conduct of each Defendant is causing and, unless enjoined and restrained by thisCourt, wil l continue to cause the Plaintiff great and irreparable injury that cannot fully becompensated or measured in money. The Plainti ff has no adequate remedy at law. Pursuant to17 U.S.C. 502 and 503, the Plain tiff is entitled to injunctive reliefprohibiting each Defendantfrom further infringing the Plaintiffs copyright and ordering that each Defendant destroy allcopies ofCopyrighted Motion Picture made in violation of the Plaintiffs 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 MotionPicture and any motion picture, whether now in existence or later created, that is owned orcontrolled by the Plaintiff ("the Plaintiffs Motion Pictures"), including without limitation byusing the Internet to reproduce or copy the Plaintiffs Motion Pictures, to distribute the PlaintiffsMotion Pictures, or to make the Plaintiff s Motion Pictures available for distribution to thepublic, except pursuant to a lawful license or with the express authority of the Plaintiff.

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Defendant also shall destroy all copies of the Plaintiff's Motion Pictures that Defendant hasdownloaded onto any computer hard drive or server without the Pla intiff's authorization andshall destroy all copies of those downloaded motion pictures transferred onto any physicalmedium 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 ofthe 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,VOLTAGE PICTURES, LLC,

By:Thomas M. Dunlap D.C. Bar # 471319)Nicholas A. Kurtz (D.C. Bar # 980091)DUNLAP, GRUBB & WEAVER, PLLC1200 G Street, NW Suite 800Washington, DC 20005Telephone: 202-316-8558Facsimile: [email protected]@dglegal.comAttorneys for the Plaintiff

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Case 1:10-cv-00873-BAH Document 1-1 Filed 05/24/10 Page 1 of 2 E"L ~ -8JS-44 CIVIL COVER SHEET~ ~ o c f I ~ ( ~ ~ 7 ) ~ P ~ L ~ A ~ I ~ N ~ T ~ I F ~ F ~ S ~ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ' ~ D ~ E ~ F ~ E ~ N ~ D ~ A ~ N ~ T ~ S - - - - - - - - - - - - - - - - - - - - - - - - - - ~ ~ ~ -

I - ~ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -:VOLTAGE PICTURES, LLC ' 1----------------------------------------------:DOES 1-5,000I,,,

I--------------------------------- I______________________________________________(b) COUNTY OF RESIDENCE OF FIRST LISTED PLAINTIFF

(EXCE PT IN U.S. PLAI NTIFF CASES)

COUNTY OF RESIDENCE OF FIRST LISTED DEFENDANT(IN U.S. PLA INTIFF CASES ONLY)NOTE IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OFL '

__ ( ~ ) _ A : : : : O ! ~ ~ : . S _ ( ~ I ~ ~ ~ ~ ~ ~ ~ I ? ~ ~ s . : ~ ~ I ? " : . E ; ; ~ P ~ 9 ~ ' : . ~ _ ~ ~ ~ ) _ _ _ _ _ _ _ A Case: 1: 10-cv-00873:DUNLAP, GRUBB & WEAVER, PLLC:1200 G ST, NW STE 800:WASHINGTON, DC 20007Assigned To : Urbina, Ricardo M.Assign. Date: 5/24/2010Description: General Civil(202)316-8558L ____________________________________________ -'

II. BASIS OF JURISDICTION III CITIZENSHIP OF PRINCIPAL PARTIES (PLACE AN x IN ONE BOXFOR PLAINTIFF AND ONE BOX FOR DEFENDANT) FOR DIVERSITY CASES ONLY!

0 IU S Governrn t deral QuestIOn PTF OFT PTF OFTPlamtIff S Government Not a Party) Citizen of thIs State 0 0 Incorporated or Pnnclpal Place 0 4 0of Business m ThIS State0 2 U S Government 0 4 DIverSIty 0 0 0 0efendant (IndIcate CItIzenshIp of CItizen of Another State 2 2 Incorporated and Pnnclpal Place 5PartIes m Item III) 0 0 of Business mAnother StateCItizen or Subject of a 3 3

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ForeIgn Country ForeIgn NatIOn 0 6 0 6IV. 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

to 410 Antitrust Io B. Personal Injury/

Malpractice

o 310 Airplaneo 315 Airplane Product Liabilityo 320 Assault, Libel & Slandero 330 Federal Employers LiabilityD 340 Marineo 345 Marine Product Liabilityo 350 Moto r Vehicleo 355 Motor Vehicle Product Liabilityo 360 Other Personal Injuryo 362 Medical MalpracticeD 365 Product Liabilityo 368 Asbestos Product Liability

~ General Civil (Other)-, ~ ~ r t v

OR

o C. AdministrativeAgencyReview

o 151 Medicare ActSocial Security:o 861 HIA 1395ft)D 862 Black Lung (923)o 863 DlWCIDIWW (405(g)o 864 ssm Title XVIo 865 RSI (405(g)Other Statuteso 891 Agricultural ActsD 892 Economic Stabilization ActooD 893 Environmental Matte rs894 Energy Allocation Act890 Other Statutory Actions ( IfAdministrat ive Agency is Involved)

o F. Pro Se General Civil0 2 1 0 Land Condemnation0 2 2 0 Foreclosure

Bankruptcy0422 Appeal 28 USC 158o 423 Withdrawal 28 USC 157

ForfeiturelPenalty0610 AgricultureD 620 Other Food &Orugo 625 Dru g Related Seizure

Prisoner Petitions of Property 21 USC 8810 2 3 0 Rent, Lease & Ejectment0 2 4 0 Torts to Land0 2 4 5 Tort Product Liability0 2 9 0 All Other Real Property D 535 Death Penaltyo 540 Mandamus & Other

0 5 5 0 Civil Rightso 630 Liquor Lawso 640 RR & Truck0 6 5 0 Airline Regso 660 Occupationalersonal Property 0555 Prison Condition

0 3 7 0 Other Fraud .............0 3 7 1 Truth in Lending ProDertvRi"hts0 3 8 0 Other Personal Property Damag [K ] 82Yopyrights0 3 8 5 Property Damage Product L i a b i l i t y ~ ... ;;;;g'ii:r=':sr:i:L...~ _ i ' . v a t e n t o 840 Trademark

Federal Tax Suitso 870 Taxes {US plaintiff ordefendant

0 8 7 1 IRS-Third Party 26USC 7609

Safety/Health0690 Other

Other Statuteso 400 State Reapportionmento 430 Banks & Bankingo 450 CommercelICCRates/etc.o 460 Deportation

o D. Temporary RestrainingOrderlPreliminaryInjunctionAny nature of suit from any category maybe selected for this category of caseassignment.

*(If Antitrust, then A governs)"

o 470 Racketeer Influenced &Corrupt Organizationso 480 Consumer Credit

o 490 Cable/Satellit e TVo 810 Selective Serviceo 850 Securities/Commodities/Exchangeo 875 Custo mer Challenge 12 USC3410o 900 Appeal of fee determinat ionunder equal access to Justiceo 950 Constitutionality of StateStatuteso 890 Other Statutory Actions (ifnot administrative agencyreview or Privacy Act


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Case 1:10-cv-00873-BAH Document 1-1 Filed 05/24/10 Page 2 of 2

o G. Habeas Corpus/2255o 530 Habeas Corpus-Generalo 510 MotionNacate Sentenceo H. EmploymentDiscriminationo 442 Civil Rights-Employment(criteria: race, gender/sex,national origin,discrimination, disabilityage, religion, retaliation)*(If pro se, select this deck)'

o I. FOIAIPRIVACYACTo 895 Freedom of Information Acto 890 Other Statutory Actions(if Privacy Act)

*(If pro se, select this deck)'

o J. Student Loano 152 Recovery of Defaulted

Student Loans(excluding vetera ns)

o K. Labor/ERISA(non-employment) o L. Other Civil Rights(non-employment) o M. Contract o N. Three-Judge Couo 710 Fair Labor Standards Acto 720 LaborlMgmt. Relationso 730 LaborlMgmt. Reporting &Disclosure Acto 740 Labor Railway Acto 790 Other Labor Litigationo 791 Empl. Ret. Inc. Security Act

~ ~ ~ n a l 0

o 441 Voting (if not Voting RightsAct)0443 Housing/Accommodations0444 Welfareo 440 Other Civil Rightso 445 American wIDisabilitiesEmploymento 446 Americans wIDisabilities

Other

oooooooooo

110 Insurance120 Marine130 Mi ller Act140 Negotiable Instrument150 Recovery of Overpayment &Enforcement of Judgment153 Recovery of Overpayment ofVeteran's Benefits160 Stockholder 's Suits190 Other Contracts195 Contract Product Liability196 Franchise

o 441 Civil Rights-Voting(i f Voting Rights Act)

o 7 Appeal to~ ~ C e e d i n g 2 Removedfrom StateCourt

o 3 Remanded fromAppellate Court o 4 Reinstatedor Reopened o 5 Transferred fromanother district(specify) o 6 Multi districtLitigation District Judgefrom Mag. JudJ L S J " ~ . 9 . f _ 4 - ~ n 9 1 ' t c c n ~ '!I!F;. ! ! 1 ' _ 9 Y ! l : . ~ l A T _ U n ; ' y ~ p . ! ' ~ _ ' Y I ! I S : J ' - \ . : . Q l d . 1 f 3 . 1 ] ; n L ! ~ G ~ ! ; ' ! ? )Y(!IJ!:AB_R1H l J \ T _ E M . E _ N _ T _ Q I : , C ; ; ~ l d . S _ E . J _ , SC 101 et seq. - Copyright infringement

VII. REQUESTED INCOMPLAINT

VIII. RELATED CASE(S)IF ANYDATE OS/21/2010

CHECK IF THIS IS A CLASSACTION UNDER F R C P 23

(See instructIOn) YES 0SIGNATURE OF ATTORNEY OF RECORD

DEMAND $ ___ ~ ~ O - , ~ O _ O ____ : Check YEI nly t em nded in cRY DEMAND: YES 0INSTRUCTIONS FOR COMPLETING CIVIL COVER SHEET JS-44Authonty 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 bylaw, 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 ofCourt 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 upsfor completmg the CIVil cover sheet These tipS comclde With the Roman Numerals on the Cover SheetI. COUNTY OF RESIDENCE OF FIRST LISTED PLAINTIFF/DEFENDANT (b) County of residence Use 11001 to mdlcate plamtIff IS reSident ofWashmgton, D C. 88888 Ifplamuffls reSident of the United States but not of Wash mgt on, DC, and 99999 Ifplamuffls outSide the United StatesIII. CITIZENSHIP OF PRINCIPAL PARTIES ThiS sectIOn IS completed2!l!Y.lfdlVerslty ofcluzenshlp was selected as the BaSIS ofJunsdlctlon under SectIO

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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 thecause of actIOn found In your complamt You may select only category You.!!!!ill also s e l e c t ~ correspondmg nature of SUIt found underthe category of caseVI. CAUSE OF ACTION Cite the US CIVil Statute under which you are filing and wnte a brief statement of the pnmary causeVIII. 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'sOfficeBecause of the need for accurate and complete mformatlOn, you should ensure the accuracy of the information provided pnor to Signing the form

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