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Pla.1.Complaint

Pla.1.Complaint

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Published by Len Harris

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Published by: Len Harris on Dec 08, 2012
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1123456789101112131415161718192021222324Steven James Goodhue (#029288)Law Offices of Steven James Goodhue9375 East Shea Blvd., Suite 100Scottsdale, AZ 85260Telephone: (480) 214-9500Facsimile: (480) 214-9501E-Mail: sjg@sjgoodlaw.com 
 Attorney for Plaintiff 
 
 AF Holdings, L.L.C.
 
IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF ARIZONA
AF HOLDINGS, L.L.C., a St. Kitts and Nevislimited liability company,
 
Plaintiff,v.DAVID HARRIS,
 
Defendant.
CASE NO.:COMPLAINT AND JURY DEMAND
Plaintiff AF Holdings, L.L.C.
 
(“Plaintiff”), through its undersigned counsel, hereby files this
Complaint requesting damages and injunctive relief, and alleges as follows:
 
NATURE OF THE CASE
1.
 
Plaintiff files this action for copyright infringement under the United States CopyrightAct and related contributory infringement, civil conspiracy, and negligence claims under thecommon law to combat the willful and intentional infringement of its creative works. DefendantDavid Harris
(“Defendant”) knowingly and illegally reproduced and distributed Plaintiff’s
copyrighted Video by acting in concert with others via the BitTorrent file sharing protocol and, upon
information and belief, continues to do the same. In using BitTorrent, Defendant’s infringment
Case 2:12-cv-02144-MHB Document 1 Filed 10/09/12 Page 1 of 14
 
 
2123456789101112131415161718192021222324actions furthered the e
fforts of numerous others in infringing on Plaintiff’s copyrighted works. The
result: exponential viral infringment. Plaintiff seeks a permanent injunction, statutory or actual
damages, award of costs and attorney’s fees, and other relief to curb this beha
vior.
THE PARTIES
2.
 
Plaintiff AF Holdings, L.L.C. is a limited liability company organized and existingunder the laws of the Federation of St. Kitts and Nevis. Plaintiff is a holder of rights to variouscopyrighted works, and is the exclusive holder of the relevant rights with respect to the copyrightedcreative work at issue in this Complaint.3.
 
The copyrighted work at issue in this complaint is one of Plaintiff’s adultentertainment videos, “
Sexual Obsession
” (the “Video”).
 4.
 
Defendant is an individual adult over the age of eighteen whom, upon informationand belief, is currently, and at all relevant times mentioned herein, a resident of the State of Arizona.
JURISDICTION AND VENUE
5.
 
This Court has subject matter jurisdiction over Plaintiff’s copyright infringement
claim under 17 U.S.C. §§ 101,
et seq.
, (the Copyright Act), 28 U.S.C. § 1331 (actions arising underthe laws of the United States), and 28 U.S.C. § 1338(a) (actions arising under an Act of Congress
relating to copyrights). This Court has supplemental jurisdiction over Plaintiff’s co
ntributoryinfringement, civil conspiracy and negligence claims under 28 U.S.C. § 1367(a) because they are so
related to Plaintiff’s copyright infringement claim, which is within this Court’s original jurisdiction,
that the claims form part of the same case and controversy under Article III of the United StatesConstitution.6.
 
This Court has personal jurisdiction because, upon information and belief, Defendanteither resides in or committed copyright infringement in the State of Arizona.
Case 2:12-cv-02144-MHB Document 1 Filed 10/09/12 Page 2 of 14
 
 
31234567891011121314151617181920212223247.
 
Venue is properly founded in this judicial district pursuant to 28 U.S.C. §§ 1391(b)and 1400(a) because Defendant resides in this District, may be found in this District, or a substantialpart of the events giving rise to the claims in this action occurred within this District.
BACKGROUND
8.
 
BitTorrent is a modern file sharing method (“protocol”) used for distributing data via
the Internet.9.
 
Traditional file transfer protocols involve a central server, which distributes datadirectly to individual users. This method is prone to collapse when large numbers of users requestdata from the central server, in which case the server can become overburdened and the rate of datatransmission can slow considerably or cease altogether. In addition, the reliability of access to thedata store
d on a server is largely dependent on the server’s ability to continue functioning for 
prolonged periods of time under high resource demands.10.
 
Standard P2P protocols involve a one-to-one transfer of whole files between a singleuploader and single downloader. Although standard P2P protocols solve some of the issuesassociated with traditional file transfer protocols, these protocols still suffer from such issues asscalability. For example, when a popular file is released (e.g. an illegal copy of the latest blockbustermovie) the initial source of the file performs a one-to-one whole file transfer to a third party, whothen performs similar transfers. The one-to-one whole file transfer method can significantly delaythe spread of a file across the world because the initial spread is so limited.11.
 
In contrast, the BitTorrent protocol is a decentralized method of distributing data.Instead of relying on a central server to distribute data directly to individual users, the BitTorrentprotocol allows individual users to distribute data among themselves. Further, the BitTorrentprotocol involves breaking a single large file into many small pieces, which can be transferred muchmore quickly than a single large file and, in turn, redistributed much more quickly than a single large
Case 2:12-cv-02144-MHB Document 1 Filed 10/09/12 Page 3 of 14

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