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Memo (Rushie)

Memo (Rushie)

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Published by J Doe
Memo in writ of summons Liberty case
Memo in writ of summons Liberty case

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Categories:Types, Business/Law
Published by: J Doe on Jan 28, 2013
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01/28/2013

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By: A. Jordan Rushie Jordan@FishtownLaw.comPa. Id. 209066Mulvihill & Rushie LLC2424 East York Street • Suite 316Philadelphia, PA 19125215.385.5291 Attorneys for Plainti
ff 
In the Court of Common Pleas of PhiladelphiaCivil Trial Division
Liberty Media Holdings, LLC,
Plainti
 ff 
,
 Jury Trial Demandedv.Term 2012 John Does 1-441,
Defendants.
No.
Plainti
ff 
’s Memorandum of Law Supporting its Motion for Leaveto Take Pre-Complaint Discovery Under Pa.R.Civ.P. 4003.8
Summary of the Argument: A plainti
 ff 
may obtain pre-complaint discovery where theinformation it seeks is material and necessary to file its complaint,and the discovery willnot cause unreasonable annoyance, embarrassment, oppression, burden, or expense toany person or party. The Court may require a plainti
 ff 
requesting this pre-complaintdiscovery to particularly state how it will materially advance the preparation of a com- plaint. In this case,begun by a writ of summons, plainti
 ff 
has in its possession a list of Internet Protocol (IP) addresses of John Does who illegally downloaded and shared  plainti
 ff 
’s content. Plainti
 ff 
requests that this Court grant its motion so it may obtain theidentities of John Does 1-441
  
om the internet service provider Comcast, and properlyinitiate legal proceedings to vindicate its rights against those who illegally shared plain-ti
 ff 
’s content. Defendants will not be steamrolled or surprised by this discovery request, asthe Cable TV Privacy Act of 1984 provides that any internet service provider notify cus-tomers before it discloses identifying information.
Case ID: 120401874Control No.: 12042085
 
1.Matter before the Court.
Before this Court is plainti
ff 
’s request for leave of court to take pre-complaint discovery to serve a subpoena upon Comcast, a cable TV and internet service provider in Pennsylvania..
2.Statement of Question Involved.
Question: This is a case where pre-complaint discovery is necessary to identify the proper defendants against whom plainti
ff 
may file alegally-su
cient complaint. In such a case, should the Court grant arequest for leave of court to take pre-complaint discovery, thatplainti
ff 
may obtain the identities of the defendant to file a com-plaint?Suggested Answer: Yes.
3.Facts.3.1.Introduction.
 A flash mob of ski-masked thieves barge into an electronics store.They run over to the DVD rack, stu
ff 
their pockets, then promptly run out the door. But these thieves weren't the sharpest tools in theshed — each was wearing a shirt with their home telephone numberprominently printed on the back of it. And unfortunately for them,they didn't realize that a video camera in the store recorded the en-tire incident. The police, reviewing the surveillance footage, see thephone numbers, link the phone numbers to the thieves, and prose-cute them for the
.Now imagine that happened over the internet, and you understandprecisely what happened here.In this case, a swarm of individuals, believing they were anonymous,downloaded and shared plainti
ff 
's content using BitTorrent, an on-line file-sharing protocol. While they thought their anonymity  would shield them
om being identified, they missed something.
Liberty Media Holdings LLC v. John Does 1-441
Plainti
 ff 
’s Memorandum f Law in Support of its Motion for Leave to Take Pre-Complaint Discovery Under Pa.R.Civ.P. 4003.8
2
Case ID: 120401874Control No.: 12042085
 
 Just like the ski masked mob, each of the John Doe defendants inthis case le
behind the electronic equivalent of their phone num-ber printed on the back of their shirt
 —
their internet protocol (IP)address.
2
 With this motion, plainti
ff 
asks this Court to provide it with thetools to electronically unmask the 441 John Doe defendants. Plain-ti
ff 
desires toserve a subpoena on Comcast Cable to link the IP ad-dresses to the individuals behind them, based on its belief that theusers of these IP addresses downloaded and distributed plainti
ff 
'scontent.
3.2.The Parties — A Pornography Company and 441 Doe De-fendants.
Plainti
ff 
Liberty Media Holdings is a California Limited Liability Company doing business as

 

®. Liberty Mediaproduces, markets, and distributes adult entertainment products,including Internet website content, videos, DVDs, photographs,etc. Plainti
ff 
operates and maintains a website by and through whichindividuals who pay a monthly subscription fee can view its photo-graphic and audiovisual works.Defendant Does 1—441 are individuals whose true names and ad-dresses are unknown to Plainti
ff 
. These Doe defendants duplicatedand distributed unauthorized and in
inging copies of plainti
ff 
’smotion pictures. Plainti
ff 
has obtained the internet protocol ad-dresses assigned to the individual defendants.Plainti
ff 
can only further identify the individuals who downloadedand shares plainti
ff 
’s material by using pre-complaint discovery.
Liberty Media Holdings LLC v. John Does 1-441
Plainti
 ff 
’s Memorandum f Law in Support of its Motion for Leave to Take Pre-Complaint Discovery Under Pa.R.Civ.P. 4003.8
3
2
 
 An IP address is similar to a telephone number. It is a numerical label assignedto any dev ice (like a computer or printer) that participates in a computer network that usesthe internet protocol for communication. It is an identifier that linksinternet communication to the individual responsible for the internet account.
Case ID: 120401874Control No.: 12042085

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