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Random Lengths Copyright Complaint

Random Lengths Copyright Complaint

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Published by Kenan Farrell
Oregon copyright complaint involving reports
Oregon copyright complaint involving reports

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Categories:Types, Business/Law
Published by: Kenan Farrell on Oct 17, 2013
Copyright:Attribution Non-commercial

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07/16/2014

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PAGE 1
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COMPLAINT FOR COPYRIGHT INFRINGEMENT AND BREACH OF CONTRACTJ. Peter Staples, OSB No. 794042 pete@chernofflaw.com William O. Geny, OSB No.830409  bill@chernofflaw.com 
CHERNOFF VILHAUER LLP
601 SW Second Avenue, Suite 1600Portland, OR 97204-3157Telephone: (503) 227-5631Facsimile: (503) 228-4373Attorneys for Plaintiff UNITED STATES DISTRICT COURTDISTRICT OF OREGONEUGENE DIVISION
RANDOM LENGTHS
 
PUBLICATIONS,INC.
, an Oregon corporation,Plaintiff,v.
SPRENGER MIDWEST, INC.,
 a South Dakota corporation,Defendant.Case No.
COMPLAINT FOR COPYRIGHTINFRINGEMENT AND BREACHOF CONTRACTDEMAND FOR JURY TRIAL
 
For its complaint against defendant, plaintiff alleges the following:1.
Plaintiff Random Lengths Publications, Inc. (“Random Lengths”) is an
Oregoncorporation with its principal place of business in Eugene, Oregon. Random Lengths publishesand distributes periodicals and newsletters containing timely information of interest to the forest products industry.
Case 6:13-cv-01833-TC Document 1 Filed 10/15/13 Page 1 of 8 Page ID#: 1
 
PAGE 2
 – 
COMPLAINT FOR COPYRIGHT INFRINGEMENT AND BREACH OF CONTRACT2. Upon information and belief, defendant
Sprenger Midwest, Inc. (“Sprenger”) is a
South Dakota corporation with a principal place of business at 700 S. Fourth Avenue,Sioux Falls, South Dakota 57104. Upon information and belief, Sprenger is a wholesaledistributor of lumber, plywood and other forest products.3. This case arises under the Copyright Act, 17 U.S.C. §§ 101-1332. This Court has jurisdiction of the subject matter herein pursuant to 28 U.S.C. §§ 1331 and 1338(a), and the principles of supplemental jurisdiction set out in 28 U.S.C. § 1367. Additionally, this Court hassubject matter jurisdiction pursuant to 28 U.S.C. § 1332(a)(1) since the parties are citizens of different states and the amount in controversy exceeds the sum or value of $75,000, exclusive of interest and costs. This Court has personal jurisdiction over Sprenger because, upon informationand belief, Sprenger has established contacts within this state sufficient to permit the exercise of  personal jurisdiction including entering into contracts in this state, and regularly purchasingwood products in this state.4. Venue is proper in this District pursuant to 28 U.S.C. § 1391(b) and (c).
P
LAINTIFF
S
F
ACTUAL
A
LLEGATIONS
 
5. Random Lengths publishes a variety of periodical newsletters containing timelyinformation of interest to the forest products industries.
Random Lengths’ publications include:
 Random Lengths, The Weekly Report on North American Forest Products Markets
 
(“WeeklyReport”);
 Random Lengths Market Report 
 – 
Midweek 
 
(“Midweek Report”);
 Random Lengths Panel Market Report 
(“Panel Report”);
 Random Lengths Lumber Market Report 
 
(“Lumber Report”)
. Random Lengths also publishes the Panel Report and Lumber Report in spreadsheetand database format. (The reports are collectively referred hereafter as the
“Reports” or the
Case 6:13-cv-01833-TC Document 1 Filed 10/15/13 Page 2 of 8 Page ID#: 2
 
PAGE 3
 – 
COMPLAINT FOR COPYRIGHT INFRINGEMENT AND BREACH OF CONTRACT
“RLP Reports”). The Lumber Report and the Panel Report are published separately prior to the
Weekly Report and are then incorporated into The Weekly Report when it is published.6. The publications are sold pursuant to a Subscription Agreement.
Exhibit A
. TheSubscription Agreement informs subscribers that the Reports contain copyright-protectedmaterial and the subscriber agrees not to retransmit the Reports to any third party or a separate physical location of the Subscriber.7. Random Lengths owns copyright rights in each edition of the Reports listedabove. All editions of RLP Reports contain copyright notices,
e.g 
., “Copyright © 2012 Random
Lengths Publications Inc,
and inform the reader that retransmission of the Report creates anadditional copy and is prohibited.
Exhibit B.
 8. Random Lengths owns copyright registrations for all its Reports. The Reports areregistered as periodicals, with a single registration covering multiple Reports.9. Random Lengths distributes its Reports by mail and electronically via facsimile,e-mail PDF transmissions, and email electronic file transmissions for the Reports in database or spreadsheet format.10. An email transmittal letter accompanies each email PDF, spreadsheet anddatabase report. The transmittal letters include a copyright notice and a warning that the Reportmay not be retransmitted without written permission of the publisher.
Exhibit C.
11. Each electronic transmission of a PDF Report includes a full page
“IMPORTANT COPYRIGHT REMINDER,”
informing readers that the Report is protected by U.S. copyright laws.
Exhibit D.
The Reminder also reiterates that retransmission of theReport without written permission is unlawful. The spreadsheet and database Reports also
Case 6:13-cv-01833-TC Document 1 Filed 10/15/13 Page 3 of 8 Page ID#: 3

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