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Foxnews

Foxnews

Ratings: (0)|Views: 254|Likes:
Published by April Petersen
complaint
complaint

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Published by: April Petersen on Sep 27, 2013
Copyright:Attribution Non-commercial

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01/06/2015

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Dale M. CendaliJoshua L. SimmonsKIRKLAND & ELLIS LLP601 Lexington AvenueNew York, New York 10022Telephone: (212) 446-4800Facsimile: (212) 446-4900dale.cendali@kirkland.com
joshua.simmons@kirkland.com
Attorneys for Plaintiff Fox News Network, LLC
JUDGF
13 CV 5315
UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF NEW YORK
FOX NEWS NETWORK, LLC,
Plaintiff,- against -
TVEYES, INC.,
Case No.Defendant.
COMPLAINT
Plaintiff Fox News Network, LLC ("Fox News"), by and through its attorneys, Kirkland& Ellis LLP, for its Complaint, hereby alleges against Defendant TVEyes, Inc. ("TVEyes") as
follows:
NATURE OF THE ACTION
1.
his action seeks to recover damages that Fox News has suffered and to preventthe irreparable harm that continues to threaten Fox News as a result of TVEyes's willfulinfringement of Fox News's valuable intellectual property rights in and to its television
programming and content. Specifically, TVEyes copies Fox News's proprietary programming
Case 1:13-cv-05315-AKH Document 1 Filed 07/30/13 Page 1 of 46
 
713 2013 5:01:11J PM
twenty-four hours a day as it is being telecast and makes the programming available for asubscription fee to Internet users on its website, <http://www.tveyes.com
>.2.
s the following image illustrates, TVEyes makes verbatim reproductions of Fox
News's programming and the closed captioning associated therewith. After unlawfully and
willfully appropriating all of Fox News's content, TVEyes, without Fox News's consent,distributes, publicly performs and publicly displays that content on its own website:
Media Monitoring Suite
/7)
-
tveyes
Transcript
Log
In
Transcript
Fox News - U.S. CableThe O'Reilly Factor
+
National Viewership: 2,211,292National Publicity
Value $145,613-58
FNC 7/03/2013 8:01:13 PM:
...to enter
the no spin zone the factor begins
right now, bill o'reilly, thanks for watchingus tonight, the fbi and the irs, that is thesubject of this evening's talking
points memo a conservative group
called the american center for law andjustice says that the federal bureauof investigation has riot even contacted,has not even contacted any of the41 groups involved in the class action suitagainst the irs, as you may know,
the federal tax agency admits it targeted
some conservative organizations andindividuals, delaying tax exempt statusand auditing some people because of theirpolitical beliefs, that's a huge scandal,
if true, and it is the fbi's job to see if
Webpage from TVEyes's Media Monitoring Suite Website
3.
pon information and belief, in a deliberate attempt to profit from Fox News'svaluable intellectual property, TVEyes sells subscriptions to its Media Monitoring Suite serviceto users who can then view Fox News's programming on the TVEyes website (the "Infringing
Service"). The Infringing Service directly competes with Fox News' telecasting and clip
licensing services.
2
Case 1:13-cv-05315-AKH Document 1 Filed 07/30/13 Page 2 of 46
 
4. TVEyes is well aware that it must obtain a license, consent or authorization fromFox News in order to reproduce, distribute, publicly perform, publicly display and/or otherwiseuse Fox News's programming and content in this manner. In fact, TVEyes contacted Fox Newsseeking a license for its use of Fox News content. Fox News declined and demanded on multipleoccasions that TVEyes cease its willful and infringing reproduction of Fox News's content.
TVEyes has refused to comply and even to respond to Fox News's most recent letter. Upon
information and belief, continues infringing Fox News's copyrights.5. In sum, TVEyes has engaged, and continues to engage, in a pattern and practice
of knowingly, intentionally and willfully infringing Fox News's copyrights. It is attempting to
build a business by stealing Fox News's programming and content, and reproducing,distributing, publicly performing and publicly displaying purloined copies of that content.Moreover, despite Fox News's repeated requests that TVEyes cease its infringing activities,TVEyes has continued to misappropriate and profit from Fox News's copyrighted content.6.Accordingly, due to TVEyes's blatant and willful infringement and refusal tocease and desist, Fox News has no choice but to file this lawsuit seeking injunctive relief anddamages that it has suffered as a result of TVEyes's direct and contributory copyrightinfringement under the Copyright Act of 1976, 17 U.S.C. § 101
et seq.,
and state law
misappropriation.
PARTIES
7. Plaintiff Fox News is a limited liability company having its principal place ofbusiness in the State of New York and is qualified to do business and is doing business in theState of New York and in this judicial district. Fox News is, and at all times material herein was,owner of Fox News Channel and Fox Business Network and engaged in the business, amongother things, of creating, producing, distributing and marketing television programs.
- 3 -
Case 1:13-cv-05315-AKH Document 1 Filed 07/30/13 Page 3 of 46

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