Case: 1:10-cv-05604 Document #: 1 Filed: 09/02/10 Page 1 of 9 PageID #:1

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION LIGHTSPEED MEDIA CORPORATION Plaintiff, v. DOES 1 100 Defendants. ) ) ) ) ) ) ) ) ) ) )

CASE NO.:

Judge: Magistrate Judge:

JURY TRIAL DEMANDED

COMPLAINT Plaintiff, by and through its attorneys and for its Complaint against Defendants, avers as follows: INTRODUCTION 1. This action has been filed by Plaintiff to combat the willful and intentional

infringement of its copyrighted creative works and includes a civil claim for copyright infringement. Defendants, whose names Plaintiff expects to ascertain during discovery, illegally reproduced and distributed Plaintiffs copyrighted creative works via computer networks and upon information and belief continue to do the same. 2. Plaintiff seeks a permanent injunction, damages, and all other relief provided

under the Copyright Act. THE PARTIES 3. Plaintiff, Lightspeed Media Corporation (hereinafter Lightspeed Media), is a

corporation organized and existing under the laws of the State of Arizona, with its principal place of business located in Phoenix, Arizona. Plaintiff is the exclusive owner of the copyrights at issue in this Complaint.

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4.

Lightspeed Media is a prominent company within the adult entertainment industry

and has been the subject of articles in the national mainstream media. The companys founder and owner is a fixture at industry conferences and has delivered keynote addresses at the same. Lightspeed Media operates over 30 unique websites, employees several individuals and has invested significant capital in developing its content. Plaintiff is the owner of the copyrights and the pertinent exclusive rights under copyright in the United States in audiovisual works and photographs, including collections relating to its Jordan Capri and Tawnee Stone website properties. 5. Defendants actual names are unknown to Plaintiff. Instead, each Defendant is

known to Plaintiff only by an Internet Protocol address (hereinafter IP address), which is a number that is assigned to devices, such as computers, that are connected to the Internet. In the course of monitoring Internet-based infringement of its copyrighted content, Plaintiff observed each of the IP addresses listed on Exhibit A hereto engaging in infringing activity. Plaintiff believes that the Defendants true identities will be revealed in discovery, at which time Plaintiff will seek leave of the Court to amend this Complaint to state those identities, if necessary. Further, Plaintiff believes that the information gathered in discovery will allow Plaintiff to identify additional Defendants, as infringement monitoring is ongoing. JURISDICTION AND VENUE 6. The jurisdiction of this Court is invoked under 17 U.S.C. 101-1332 as the

Plaintiffs cause of action arises under the Copyright Act; 28 U.S.C. 1331 (federal question jurisdiction); and 28 U.S.C. 1338(a) (exclusive jurisdiction for copyright cases). 7. Venue in this District is proper under 28 U.S.C. 1391(b) and/or 1400(a).

Although the true identity of each Defendant is unknown to Plaintiffs at this time, on information -2-

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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 exclusive rights owner, distributed and offered to distribute over the Internet copyrighted works for which Plaintiffs have exclusive rights. Such unlawful distribution occurred in every jurisdiction in the United States, including this one. BACKGROUND 8. 9. BitTorrent is a modern method (protocol) for distributing data via the Internet. Traditional file transfer protocols involve a central server, which distributes data

directly to individual users. Under such protocols, a central server can become overburdened and the rate of data transmission can slow considerably or cease altogether when large numbers of users request data from the server all at once. In addition, the reliability of access to the data stored on a server is largely dependent on the servers ability to continue functioning for prolonged periods of time under high resource demands. 10. 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 BitTorrent protocol allows individual users to distribute data directly to one another. Under the BitTorrent protocol, every user simultaneously receives information from and transfers information to one another. 11. In BitTorrent vernacular, individual downloaders/distributors of a particular file

are called peers. The aggregate group of peers involved in downloading/distributing a particular file is called a swarm. A server which stores a list of peers in a swarm is called a tracker. A

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computer program that implements the BitTorrent protocol is called a BitTorrent client. Each swarm is unique to a particular file. 12. The BitTorrent protocol operates as follows. First, a user locates a file (a torrent

file) that contains background information about the file the user wishes to download along with a list of trackers that maintain a list of peers in the swarm that is distributing that particular file. Second, the user loads the torrent file into a BitTorrent client, which automatically attempts to connect to the trackers listed in the torrent file. Third, the tracker responds with a list of peers and the BitTorrent client connects to those peers to begin downloading data from and distributing data to the other peers in the swarm. When the download is complete, the BitTorrent client continues distributing data to other peers in the swarm until the user manually disconnects from the swarm or the BitTorrent client otherwise does the same. 13. Recent advances in the BitTorrent protocol have reduced the importance of

trackers. The introduction of distributed hash tables allows participating peers to serve as minitrackers. The peer-exchange protocol allows peers to share information about other peers in the swarm, which was previously an exclusive function of trackers. 14. The degree of anonymity provided by the BitTorrent protocol is extremely low.

Because the protocol is based on peers connecting to one another, a peer must broadcast identifying information (i.e. an IP address) before it can receive data. Nevertheless, the actual names of peers in a swarm are unknown, as the users are allowed to download and distribute under the cover of their IP addresses. The BitTorrent protocol is an extremely popular method for transferring data. Studies have estimated that the BitTorrent protocol accounts for as much as half of all Internet traffic in certain parts of the world. The size of swarms for popular files can

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Case: 1:10-cv-05604 Document #: 1 Filed: 09/02/10 Page 5 of 9 PageID #:5

reach into the tens of thousands of unique peers. A swarm will commonly have peers from many, if not every, state in the United States and several countries around the world. 15. The BitTorrent protocol is also an extremely popular method for unlawfully

copying, reproducing and distributing files in violation of the copyright laws of the United States. A broad range of copyrighted albums, audiovisual files, e-books, photographs, software and other forms of media are available for illegal reproduction and distribution via the BitTorrent protocol. 16. Efforts at combatting BitTorrent-based copyright infringement have been stymied

by BitTorrents decentralized nature. Because there are no central servers to enjoin from unlawfully distributing copyrighted content, there is no primary target on which to focus antipiracy efforts. Indeed, the same decentralization that makes the BitTorrent protocol an extremely robust and efficient means of transferring enormous quantities of data also acts to insulate it from efficient anti-piracy measures. INFRINGING CONDUCT 17. Defendants, without Plaintiffs authorization or license, intentionally downloaded

torrent files, loaded the torrent files into BitTorrent clients, entered a BitTorrent swarm particular to Plaintiffs copyrighted creative works and reproduced and distributed the same to hundreds of third parties. COUNT I COPYRIGHT INFRINGEMENT ALL DEFENDANTS 18. fully herein. 19. At all times relevant hereto, Plaintiff has been the producer and owner of the Plaintiffs incorporate by reference allegations 1 through 17 above as if set forth

photographic and audiovisual works copied, reproduced and distributed by Defendants via the -5-

Case: 1:10-cv-05604 Document #: 1 Filed: 09/02/10 Page 6 of 9 PageID #:6

BitTorrent protocol. A log of IP address identifying each Defendant, as well as the corresponding torrent file swarm/copyrighted work in which Defendant was participating and the date and time of Defendants activity is attached as Exhibit A. Defendants committed their infringing acts with actual and constructive knowledge of Plaintiffs exclusive rights. The Defendants acts have contributed to the infringing, copying, duplication and reproduction of the Plaintiffs copyrighted creative work. Each act by Defendants that infringes on one of the Plaintiffs copyrights is the basis for a separate claim against the Defendants under the Copyright Act. 20. Defendants have never been authorized by Plaintiffs to reproduce or distribute the

Plaintiffs copyrighted creative works. 21. Each of the creative works at issue in this action, including the applicable Jordan

Capri and Tawnee Stone collections has an application for registration pending in the United States Copyright Office. 22. Each of Plaintiffs works is marked with Plaintiffs logo and trade name and is

available only to subscribers of Plaintiffs websites, which contain a copyright notice and a statement that age verification records for all individuals are maintained in accordance with 18 U.S.C. 2257. In addition, each of the torrent files used to access the copyrighted material was named in a manner that identified Plaintiff as the producer of the content. For example, a torrent file associated with one infringer was titled Jordan Capri Complete Collection, a reference to Lightspeed Medias Jordan Capri brand. 23. Without authorization or consent, each Defendant copied, reproduced and

distributed the Plaintiffs owned and copyrighted work as described on Exhibit A. Plaintiff is informed and believes that that each Defendant, participated and continues to participate in a BitTorrent swarm to reproduce and distribute to the public Plaintiffs copyrighted content. Each

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Doe who is known to Plaintiff as of the date of this Complaint is identified on Exhibit A. By so doing, each Defendant has infringed on Plaintiffs exclusive rights of reproduction and distribution that are protected under the Copyright Act. 24. Each Defendant knew or had constructive knowledge that their acts constituted

copyright infringement. 25. Defendants conduct was willful within the meaning of the Copyright Act,

intentional and with indifference to the rights of Plaintiff. 26. Upon information and belief, the Defendants acts as alleged are willful

infringements or have irreparably harmed the Plaintiffs copyrights and exclusive rights and threaten further infringements and further irreparable harm to the Plaintiffs copyrights and exclusive rights. Further harm and injury to Plaintiffs is imminent, and the Plaintiffs are without an adequate remedy at law with respect to such harm and injury. Unless less Defendants acts are enjoined, it is highly likely that Defendants will continue to reproduce and distribute Plaintiffs copyrighted creative works. 27. As a result of their wrongful conduct, Defendants are liable to Plaintiff for

copyright infringement pursuant to 17 U.S.C. 101-1332. JURY DEMAND 28. Plaintiff hereby demands a jury trial in this case. PRAYER WHEREFORE, Plaintiff respectfully requests judgment against each Defendant as follows:

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Case: 1:10-cv-05604 Document #: 1 Filed: 09/02/10 Page 8 of 9 PageID #:8

1)

That the Court enter a judgment against Defendants that they have infringed

Plaintiffs rights in federally registered copyrights under 17 U.S.C. 501 and that such infringement was willful; 2) That the Court issue injunctive relief against Defendants, and that Defendants and

all others in active concert with Defendants, be enjoined and restrained from further violation of Plaintiffs copyrights and required to destroy all copies of those copyrighted files in each Defendants possession custody, or control; 3) 4) 5) For actual damages pursuant to 17 U.S.C. 504; For Plaintiffs costs; and For such other and further relief as the Court deems appropriate.

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Case: 1:10-cv-05604 Document #: 1 Filed: 09/02/10 Page 9 of 9 PageID #:9

Respectfully submitted, Lightspeed Media Corporation DATED: September 2, 2010 By: /s/ John Steele________________ John L. Steele (Bar No. 6292158) Steele Law Firm, LLC 161 N. Clark St. Suite 4700 Chicago, IL 60601 312-893-5888; Fax 312-893-5604 john@steele-law.com Attorney for Plaintiff

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Case: 1:10-cv-05604 Document #: 1-1 Filed: 09/02/10 Page 1 of 5 PageID #:10

EXHIBIT A

Case: 1:10-cv-05604 Document #: 1-1 Filed: 09/02/10 Page 2 of 5 PageID #:11

IP 207.14.15.132 65.0.131.191 65.0.110.10 168.122.152.59 75.141.204.166 75.133.63.230 24.181.217.255 66.169.140.107 71.63.197.128 24.131.146.153 24.245.52.222 98.254.193.201 75.74.16.65 75.66.32.21 75.65.88.101 68.81.29.159 98.235.181.52 174.54.231.141 71.225.248.51 174.54.19.129 68.81.84.136 98.226.142.158 98.228.202.174 98.206.113.166 76.104.225.51 67.170.74.210 98.247.248.146 76.22.53.221 76.121.228.135 98.237.210.71 76.103.206.106

ISP AAFES BellSouth BellSouth BU Charter Communications Charter Communications Charter Communications Charter Communications Comcast Cable Comcast Cable Comcast Cable Comcast Cable Comcast Cable Comcast Cable Comcast Cable Comcast Cable Comcast Cable Comcast Cable Comcast Cable Comcast Cable Comcast Cable Comcast Cable Comcast Cable Comcast Cable Comcast Cable Comcast Cable Comcast Cable Comcast Cable Comcast Cable Comcast Cable Comcast Cable

Date/Time (CST) 8/28/10 11:51 PM 9/1/10 5:57 PM 8/28/10 8:39 PM 9/1/10 4:55 PM 9/1/10 6:01 PM 9/1/10 4:59 PM 9/1/10 4:59 PM 8/25/10 6:03 PM 8/28/10 11:01 PM 8/28/10 7:47 PM 8/25/10 6:30 PM 8/29/10 3:23 AM 8/29/10 3:17 AM 9/1/10 5:53 PM 8/28/10 6:13 PM 8/29/10 3:45 AM 8/29/10 3:29 AM 8/29/10 3:18 AM 8/27/10 12:00 AM 8/26/10 11:31 PM 8/26/10 11:11 PM 8/28/10 6:12 PM 8/26/10 11:13 PM 8/25/10 6:03 PM 8/29/10 3:42 AM 8/28/10 6:09 PM 8/27/10 2:22 AM 8/27/10 12:01 AM 8/25/10 7:30 PM 8/25/10 6:31 PM 8/26/10 11:12 PM

Torrent jordan capri complete collection Capri Capri Jordan Capri Tawnee Vids Tawnee Vids Capri Tawnee Hardcore.wmv Jordan Capri honeymoon sex tape jordan capri complete collection Tawnee Hardcore.wmv Tawnee Vids Tawnee Vids Tawnee Vids jordan capri complete collection a jordan capri complete collection jordan capri complete collection Tawnee Vids jordan capri complete collection a Tawnee Vids jordan capri complete collection a jordan capri complete collection Jordan Capri honeymoon sex tape Tawnee Hardcore.wmv jordan capri complete collection jordan capri complete collection Tawnee Hardcore.wmv Tawnee Vids Jordan Capri honeymoon sex tape jordan capri complete collection Capri

Case: 1:10-cv-05604 Document #: 1-1 Filed: 09/02/10 Page 3 of 5 PageID #:12

174.51.120.193 24.8.254.200 69.137.184.119 98.231.142.145 98.197.229.94 98.200.113.135 71.232.184.25 24.60.161.163 71.234.6.46 98.229.192.242 98.217.0.240 67.186.0.42 98.249.109.81 98.180.57.184 70.178.211.79 98.169.42.201 68.227.114.116 72.223.100.150 68.11.29.83 74.88.152.192 24.184.50.84 24.186.217.196 24.189.143.163 64.77.243.91 63.246.173.196 76.185.94.23 173.174.49.130 70.112.22.51 68.169.159.138 208.103.53.19 173.21.30.188 97.116.159.109

Comcast Cable Comcast Cable Comcast Cable Comcast Cable Comcast Cable Comcast Cable Comcast Cable Comcast Cable Comcast Cable Comcast Cable Comcast Cable Comcast Cable Comcast Cable Cox Communications Cox Communications Cox Communications Cox Communications Cox Communications Cox Communications CSC Holdings Inc (Cablevision) CSC Holdings Inc (Cablevision) CSC Holdings Inc (Cablevision) CSC Holdings Inc (Cablevision) Ct UT Tc EarthLink EarthLink EarthLink EarthLink EPB IFN LLC MediaCom Qwest Communications

8/29/10 3:32 AM 8/29/10 2:09 AM 8/25/10 8:57 PM 8/25/10 10:27 PM 9/1/10 5:01 PM 8/25/10 10:14 PM 8/29/10 12:09 AM 8/28/10 6:08 PM 8/27/10 12:01 AM 8/26/10 11:55 PM 8/26/10 11:08 PM 8/28/10 10:06 PM 8/25/10 7:18 PM 9/1/10 4:47 PM 8/28/10 6:48 PM 8/28/10 6:13 PM 8/26/10 11:11 PM 8/25/10 10:45 PM 8/25/10 6:03 PM 8/29/10 3:47 AM 8/28/10 10:21 PM 8/28/10 6:09 PM 8/25/10 8:05 PM 8/28/10 10:41 PM 9/1/10 7:09 PM 8/28/10 6:13 PM 8/27/10 12:02 AM 8/25/10 6:09 PM 8/25/10 9:59 PM 8/26/10 11:08 PM 8/25/10 7:29 PM 9/1/10 6:11 PM

jordan capri complete collection jordan capri complete collection Jordan Capri honeymoon sex tape (2) jordan capri complete collection Tawnee Vids Jordan Capri honeymoon sex tape jordan capri complete collection Jordan Capri honeymoon sex tape jordan capri complete collection a Jordan Capri honeymoon sex tape Tawnee Hardcore.wmv jordan capri complete collection jordan capri complete collection jordan capri complete collection 1 Capri jordan capri complete collection a Tawnee Vids Jordan Capri honeymoon sex tape Tawnee Hardcore.wmv jordan capri complete collection jordan capri complete collection a jordan capri complete collection jordan capri complete collection jordan capri complete collection Jordan Capri jordan capri complete collection a Tawnee Vids Tawnee Hardcore.wmv Jordan Capri honeymoon sex tape Tawnee Hardcore.wmv Jordan Capri honeymoon sex tape Tawnee Vids

Case: 1:10-cv-05604 Document #: 1-1 Filed: 09/02/10 Page 4 of 5 PageID #:13

174.30.121.200 66.44.33.98 65.31.195.214 68.204.186.212 184.91.67.123 204.210.240.128 65.25.6.127 74.77.99.175 72.228.138.36 74.74.238.245 67.253.40.13 66.91.219.94 67.49.137.34 67.49.167.37 99.64.68.90 99.33.35.102 99.64.69.189 99.17.35.107 76.195.163.235 72.1.138.67 174.146.229.221 75.111.164.183 74.196.248.20 24.143.57.229 96.255.98.237 173.74.170.126 74.99.165.62 74.97.244.249 71.188.188.210 74.104.164.66 96.240.62.94 71.188.100.85

Qwest Communications RCN Corp. RoadRunner RoadRunner RoadRunner RoadRunner RoadRunner RoadRunner RoadRunner RoadRunner RoadRunner RoadRunner RoadRunner RoadRunner SBC Internet Services SBC Internet Services SBC Internet Services SBC Internet Services SBC Internet Services Snd BC Sprint PCS Suddenlink Communications Suddenlink Communications Sunflower Broadband Verizon Internet Services Verizon Internet Services Verizon Internet Services Verizon Internet Services Verizon Internet Services Verizon Internet Services Verizon Internet Services Verizon Internet Services

8/26/10 11:49 PM 8/28/10 7:42 PM 8/29/10 3:33 AM 9/1/10 7:12 PM 8/25/10 8:14 PM 8/26/10 11:20 PM 8/28/10 7:06 PM 9/1/10 6:15 PM 9/1/10 4:52 PM 8/25/10 6:50 PM 8/25/10 6:30 PM 8/28/10 9:57 PM 8/28/10 6:11 PM 8/26/10 11:16 PM 8/29/10 3:14 AM 8/29/10 12:06 AM 8/28/10 10:01 PM 8/26/10 11:20 PM 8/26/10 11:10 PM 8/25/10 6:03 PM 8/28/10 6:43 PM 9/1/10 5:01 PM 8/25/10 10:03 PM 9/1/10 4:59 PM 9/1/10 4:47 PM 9/1/10 4:47 PM 8/29/10 3:34 AM 8/28/10 11:06 PM 8/28/10 6:13 PM 8/28/10 6:13 PM 8/28/10 6:09 PM 8/28/10 6:08 PM

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Case: 1:10-cv-05604 Document #: 1-1 Filed: 09/02/10 Page 5 of 5 PageID #:14

71.178.17.142 173.72.19.251 74.107.82.128 71.179.32.202 69.14.114.38

Verizon Internet Services Verizon Internet Services Verizon Internet Services Verizon Internet Services WideOpenWest

8/26/10 11:48 PM 8/26/10 11:20 PM 8/26/10 11:08 PM 8/25/10 8:27 PM 8/29/10 3:22 AM

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