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Amended Compaint (Malibu v. Doe 6)

Amended Compaint (Malibu v. Doe 6)

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Published by J Doe
Bellwether trial: 39 Amended complaint
Bellwether trial: 39 Amended complaint

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Categories:Types, Business/Law
Published by: J Doe on Nov 03, 2012
Copyright:Attribution Non-commercial

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01/10/2013

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UNITED STATES DISTRICT COURTEASTERN DISTRICT OF PENNSYLVANIA
-----------------------------------------------------------------){
MALIBU MEDIA, LLC, and PATRICKCOLLINS, INC.,Plaintiffs,vs.JOHN DOE
6,
Defendant.
-----------------------------------------------------------------){
Civil Action No. 2:12-cv-02084-MMB
AMENDED COMPLAINT-ACTION FOR DAMAGESFOR PROPERTY RIGHTS INFRINGMENT
Plaintiffs, Malibu Media, LLC and Patrick Collins, Inc., sue John Doe
6,
and allege:
Introduction
1.
This matter arises under the United States Copyright Act
of
1976,
as
amended,
17
U.S.C.
§§
101
et seq.
(the "Copyright Act").
2.
Through this suit, Plaintiffs allege Defendant
IS
liable for direct copyrightinfringement in violation
of
17
U.S.C.
§§
106
and 501.
Jurisdiction And Venue
3.
This Court has subject matter jurisdiction over this action pursuant
to
28
U.S.C.
§
1331
(federal question); and
28
U.S.C.
§
1338 (patents, copyrights, trademarks and unfaircompetition).
4.
This Court has personal jurisdiction over Defendant because Defendantcommitted the tortious conduct alleged in this Complaint in the Eastern District
of
theCommonwealth
of
Pennsylvania, and (a) Defendant resides in the Eastern District
of
the
Case 2:12-cv-02084-MMB Document 39 Filed 11/02/12 Page 1 of 21
 
Commonwealth
of
Pennsylvania, and/or (b) Defendant has engaged in continuous and systematicbusiness activity, or has contracted to supply goods or services in the Eastern District
of
theCommonwealth
of
Pennsylvania.
5.
Venue is proper in this District pursuant to
28
U.S.C.
§
1391(b) and (c), because:(i) a substantial part
of
the events or omissions giving rise to the claims occurred in this District;and, (ii) Defendant resides (and therefore can be found) in this District and Defendant resides inthis State; additionally, venue is proper in this District pursuant
28
U.S.C.
§
1400(a) (venue forcopyright cases) because Defendant or Defendant's agent resides or may be found in thisDistrict.
Parties
6.
Plaintiff, Malibu Media, LLC, is a limited liability company organized andexisting under the laws
of
the State
of
California and has its principal place
of
business located at409 West Olympic Boulevard, Suite 501, Los Angeles, CA 90015.
7.
Plaintiff, Patrick Collins, Inc., is a corporation organized and existing under thelaws
of
the State
of
California and has its principal place
of
business located at 8015 DeeringAvenue, Canoga Park, CA 91304.
8.
John Doe 6 is a
sui juris
individual residing in this district.
Factual Background
1 PlaintiffS Own the Copyrights to Motion Pictures
9.
Plaintiffs are the owners
of
those United States Copyright Registrations attachedhereto
as
Composite Exhibit
A.
Each registration covers a copyrighted work which wasinfringed by Defendant.
11
Defendant Used BitTorrent
To
Infringe Plaintiffs' Copyrights
10.
BitTorrent is one
of
the most common peer-to-peer file sharing protocols (in other
2
Case 2:12-cv-02084-MMB Document 39 Filed 11/02/12 Page 2 of 21
 
words, set
of
computer rules) used for distributing large amounts
of
data; indeed, it has beenestimated that the use
of
BitTorrent protocol on the internet accounts for over a quarter
of
allinternet traffic. The creators and user's
of
BitTorrent developed their own lexicon for use whentalking about BitTorrent; a copy
of
the BitTorrent vocabulary list posted on www.Wikipedia.comis attached
as
Exhibit
B.
11.
The BitTorrent protocol's popularity stems from its ability to distribute a large filewithout creating a heavy load on the source computer and network. In short,
to
reduce the loadon the source computer, rather than downloading a file from a single source computer (onecomputer directly connected to another), the BitTorrent protocol allows users
to
join a "swarm"
of
host computers
to
download and upload from each other simultaneously (one computerconnected
to
numerous computers).
A.
Defendant Installed a BitTorrent Client onto his or her Computer
12.
Defendant installed a BitTorrent Client onto his or her computer.
13.
A BitTorrent "Client" is a software program that implements the BitTorentprotocol. There are numerous such software programs including
).!Torrent
and Vuze, both
of
which can be directly downloaded from the internet. See www.utorrent.com andhttp:/ new. vuze-downloads.com/.
14.
Once installed on a computer, the BitTorrent "Client" serves as the user'sinterface during the process
of
uploading and downloading data using the BitTorrent protocol.
B.
The
Initial Seed, Torrent, Hash
and
Tracker
15.
A BitTorrent user that wants
to
upload a new file, known
as
an "initial seeder,"starts by creating a "torrent" descriptor file using the Client
he
or she installed onto his or hercomputer.
16.
The Client takes the target computer file and divides it into identically sized
3
Case 2:12-cv-02084-MMB Document 39 Filed 11/02/12 Page 3 of 21

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