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mcsvyahoocomplaint

mcsvyahoocomplaint

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Published by mmasnick

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Published by: mmasnick on Jun 30, 2009
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UNITED STATES DISTRICT COURTFOR THE MIDDLE DISTRICT OF TENNESSEEMCS MUSIC AMERICA, INC.;CONEXION MEDIA GROUP, PLC,d/b/a SU-MA PUBLISHINGCOMPANY; MARK FARNER d/b/aCRAM RENRAFF COMPANY;CHARLIE BLACK d/b/a SONGS INBLACK INK; R GANT MUSICGROUP, INCORPORATED, d/b/aHELLO DARLIN’ MUSIC;CHARLES LLOYD, Individually,and d/b/a FOREST FARM MUSIC;DARIUS BROOKS d/b/a FROM D’sPEN; HAPPY SACK MUSIC, LTD.,d/b/a VISA MUSIC; JOE HILLMUSIC, LLC, d/b/a JOE HILLMUSIC; LAURENCE WEISS d/b/aRHINESTONE COWBOY MUSICCO.; JOHN MCCUTCHEON,Individually, and d/b/aAPPALSONGS and APPALSEEDPRODUCTIONS; DYYOR, INC.,d/b/a Seven Centers Publishing; andDAVID HOFFNER d/b/a FIELDSOF AUTUMN PUBLISHING;
 
Plaintiffs,v.YAHOO!, INC., a Delawarecorporation; REALNETWORKS,INC., a Washington corporation; andMICROSOFT CORPORATION, aWashington corporation.Defendants.CASE NO.: __________________
COMPLAINT FOR COPYRIGHTINFRINGEMENTJURY DEMAND
 
Case 3:09-cv-00597 Document 1 Filed 06/29/2009 Page 1 of 104
 
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COME NOW
the Plaintiffs, by and through counsel, and for complaintagainst Defendants Yahoo!, Inc. (hereinafter referred to as “Yahoo!”), RealNetworks,Inc. (hereinafter referred to as “RealNetworks”), and Microsoft Corporation(hereinafter referred to as “Microsoft”) would state and allege as follows:
A. INTRODUCTION
 1.
 
This Complaint is filed and these proceedings are instituted under theUnited States Copyright Act, 17 U.S.C. § 101
et seq.
for copyright infringement andinjunctive relief and to recover, at Plaintiffs’ election, either actual or statutorydamages, plus discretionary costs, reasonable attorney’s fees and costs forDefendant’s violations of the Act.
B. JURISDICTION & VENUE
 2.
 
The jurisdiction of this Court is invoked pursuant to 28 U.S.C. § 1331and 1338(a). Venue is proper in this judicial district pursuant to 28 U.S.C. §§ 1391(b)and (c) and 1400(a). Further, at all times relevant herein, Defendants have targetedbusiness efforts into the State of Tennessee and has entered into multiple subscriptionagreements for Defendants’ subscription music services with residents and citizens of the State of Tennessee, thus further making this District the proper venue.
Case 3:09-cv-00597 Document 1 Filed 06/29/2009 Page 2 of 104
 
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 C. PARTIES
3.
 
Plaintiff MCS Music America, Inc. (hereinafter “MCS”) is aCalifornia corporation with its principal place of business in Nashville, Tennessee.MCS is a copyright administration company that administers approximately forty-fivethousand (45,000) copyrights, and is the current or previous exclusive copyright andlicensing administrator for each named Plaintiff, with the exception of Plaintiff JohnMcCutcheon.4.
 
Plaintiff Conexion Media Group, plc d/b/a Su-Ma PublishingCompany is a corporation organized under the laws of the United Kingdom with itsprincipal place of business in London, England. Conexion Media Group, plc is theparent of MCS Music America, Inc.5.
 
Plaintiff Mark Farner, Individually and d/b/a Cram Renraff Companyis a citizen and resident of Michigan.6.
 
Plaintiff Charlie Black, an individual d/b/a Songs In Black Ink is acitizen and resident of Florida.7.
 
Plaintiff R Gant Music Group, Incorporated, d/b/a Hello Darlin’Music is a Tennessee corporation.
Case 3:09-cv-00597 Document 1 Filed 06/29/2009 Page 3 of 104

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