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Ouellette v Viacom Complaint

Ouellette v Viacom Complaint

Ratings: (0)|Views: 350|Likes:
Published by Eric Goldman
Incomprehensible pro se lawsuit involving EULAs designed not to be read by dyslexics, misrepresented 512(f) takedown notices, mis-calibrated content filters and Fred von Lohmann.

The lawsuit's most noteworthy feature: it puts Viacom and YouTube on the same side (both defendants). Maybe they will kiss and make up enough to coordinate their defenses.

There are many outstanding parts of this complaint, but my favorite is Para. 48, requesting an injunction against producing or airing the John Stewart Show, the Colbert Report and SNL Weekend Update.

The plaintiff's numerous YouTube accounts include powmadeak47dotcom, which features a video on dog sperm.
Incomprehensible pro se lawsuit involving EULAs designed not to be read by dyslexics, misrepresented 512(f) takedown notices, mis-calibrated content filters and Fred von Lohmann.

The lawsuit's most noteworthy feature: it puts Viacom and YouTube on the same side (both defendants). Maybe they will kiss and make up enough to coordinate their defenses.

There are many outstanding parts of this complaint, but my favorite is Para. 48, requesting an injunction against producing or airing the John Stewart Show, the Colbert Report and SNL Weekend Update.

The plaintiff's numerous YouTube accounts include powmadeak47dotcom, which features a video on dog sperm.

More info:

Published by: Eric Goldman on Dec 04, 2010
Copyright:Attribution Non-commercial

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12/04/2010

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United States District Court
For
The District
Of
(Missoula)
Todd Damase OuellettePlaintiff
Complaint For Declaratory
V.
And Injunctive Relief
And
Damages
Viacom International Inc., Comedy Partners, MTV Networks, BayTSP, Audible Magic, Myspace Inc.,
Case
# : C f - 1 D " " ~
..
I n . J ) V ~ -
News Corporation, Youtube, LLC, and Google
Inc;.
~
 
1. Comes
now
that Plaintiff Todd Damase Ouellette is forced to file this Pro Secomplaint under statute 28 U.S.C.
§
1654, againSt Defendants Viacom, ComedyPartners, MTVN, BayTSP, Audible Magic, NBC Universal, Myspace, NewsCoorp,Google and Youtube. This is a civil action
seekin~
injunctive relief, declaratory relief anddamages for conspiracy to operate an illegal scanning softwares in a deliberate effort tocommit MISREPRESENTATION
of
copyright infrirgement under the Digital MillenniumCopyright Act ("DMCA") 17 U.S.C. 512 (F), and/or block videos without a valid copyright
i
claim; refusal to process "substantially" valid and icompletely valid counter notices;refusal
to
retract a fraudulent copyright claim; anq use
of
an inaccurate, confusing andunconscionable contracts ("TOS" -see Exhibit
#1
Youtube TOS and Exhibit #18Myspace TOUA) which were subsequently violated by Defendants. Also, Defendantsviolated Plaintiff's rights
as
a disabled American
~ n d e r
the American's With DisabilitiesAct by using a font style
in
their contracts that is difficult for many Dyslexics to read andrefused to make a reasonable accommodation for Plaintiff's Dyslexia. Defendants alsoexacerbated Plaintiff's Dyslexia and Chronic
Pain!
Syndrome by repeatedly threatening
Case 9:10-cv-00133-DWM -JCL Document 2 Filed 11/30/10 Page 1 of 26
 
·
'.
(Exhibit #2 Threatening Email) Plaintiff for no legitimate reason. (see 42 USC -12181
I
SEC. 302. PROHIBITION OF DISCRIMINATION IBY PUBLIC ACCOMMODATIONS).
i
2. This case arises out
of
Defendant's
conspirac~
to concoct baseless assertions thatPlaintiff's videos posted to the GooglelYoutube
a~ounts
"powmadeak47","somerealnews", "judgetvshow" and "EFFlsAFral.)d" infringe copyrights owned,controlled
or
'flagged' by the Defendants
in
violation
of
the Digital Millennium CopyrightAct's prohibition against MISREPRESENTATION!. These Defendants have all
I
repeatedly verified that these assertions are
fals~,
but have nonetheless resulted in
I
temporary and/or permanent removal
of
legal Fair Use videos from the fourGooglelYoutube accounts listed above; and threats to remove all videos from theseaccounts; and police harassment against the Plaihtiff and his 70 yr. old mother whosuffers from high blood pressure and strokes.
Thi~
has clearly led to infliction severeemotional distress stress upon the the Plaintiff. Dl.fendant's threats to Plaintiff haverepeatedly exacerbated his Dyslexia and ChroniO Pain Syndrome disabilities.
Notice
Of
Probable JSmendments
3.
Due to the secretive policies
of
Defendants,
Pltintiff
wishes to infonn this court thathe will almost certainly need to amend this complaint, as details and facts emergeduring the process
of
this suit.
PARTY (PlaiJtiffl
4.
Plaintiff Todd Damase Ouellette is an
indepen~ent
political activist, investigativereporter and videographer, who resides primarily
lin
Missoula, MT but travels extensivelyin the Western United States to obtain video footage used in his various productions.Plaintiff lives in, and conducts most
of
his and prlduction, including most
of
the videos
Case 9:10-cv-00133-DWM -JCL Document 2 Filed 11/30/10 Page 2 of 26
 
in question, from various locations
in
Missoula
MT.
Plaintiff is routinely subjected to
I
various levels
of
harassment due to the unpopuh;lrity
of
his political views. (Exhibit
#3
i
Party Plaintiff and Exhibit #4 Timeline -Details
ofl
video production and harassmenthistory.)
I
Parties -Defendants Viacom, MTV
N,tworks
&
Comedy Partners
5.
Defendant Viacom International Inc.
rViacom"~,
is a Delaware corporation with itsprincipal place
of
business in New York, New
Yolfl<.
Defendant Comedy Partners, an affiliate
of
Viacom, is a general partnership formed inNew York with its principal place
of
business in New York, New York. Defendant MTVNetworks apparently produces The Daily Show With John Stewart and The ColbertReport. It was listed as a party to at least one fraYdulent copyright claim made against
,
Plaintiffs video posted to Youtube. (see Exhibit
#S
BayTSP Copyright Claim)
6.
The shows distributed through their licensed diStribution networks include "The DailyShow with Jon Stewart" and "The Colbert Report!" According to Viacom's lawsuit
!
against Youtube (Case 1 07-cv-02103-LLS), Def$ndant Viacom International, Inc.
rViacom")
is
the corporate parent
of
Comedy Partners, which produces "The ColbertReport" and "The Daily Show· and owns the Comedy Central cable network. Plaintiff
is
informed and believes, and herein alleges, that V!acom owns
or
controls the copyrightsfor "The Colbert Report" and "The Daily Show.·
7.
Via com also operates a websitehttp://www.th1dailYShow.comand
,
website allows Viacom to derive revenue by displbying advertisements for other entitiesand also via the sale
of
merchandise (books, shirts etc.),. This website also allows
i
I
Case 9:10-cv-00133-DWM -JCL Document 2 Filed 11/30/10 Page 3 of 26

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