310-Cv-03647-WHA Docket 41 First Amended Complaint
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First Amended Complaint10-3647 (WHA)
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D. GILL SPERLEIN (172887)THE LAW OFFICE OF D. GILL SPERLEIN584 Castro Street, Suite 879San Francisco, California 94114Telephone: (415) 404-6615Facsimile: (415) 404-6616gill@sperleinlaw.com Attorney for Plaintiff IO GROUP, INC.
UNITED STATES DISTRICT COURTNORTHERN DISTRICT OF CALIFORNIA
IO GROUP, INC. d/b/a TITANMEDIA, a California corporation,Plaintiff,vs.MARIUSZ PRALAT, CAROL B.PEAL, YUNSHU KANG, CHUNRONG ZHENG, ZHI NENG WU,RUBEN MORENO, HAO XU,CHIAFEN LIN, SANG YEOL KIM,and MALGORZATA FRACZYK,individuals,________________________________))))))))))))))))
CASE NO.: C 10-3647 (WHA)FIRST AMENDED COMPLAINT:(1)
COPYRIGHT INFRINGEMENT;(2)
CONTRIBUTORY COPYRIGHTINFRINGEMENT;(3)
VICARIOUS COPYRIGHTINFRINGEMENT;(4)
NEGLIGENCE; and(5)
CIVIL CONSPIRACYJURY TRIAL DEMANDED
INTRODUCTION
1.
This is an action by IO GROUP, INC., a California corporation, d/b/a Titan
Media (“Titan Media”), to recover damages arising from infringement of Io Group’s
copyright in its creative work
Breakers
by Defendants and to enjoin Defendants from
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First Amended Complaint10-3647 (WHA)
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future infringement. Defendants reproduced, distributed, and publicly displayed, through
the P2P network “eDonkey2000”
, the Io Group-owned audiovisual work,
Breakers
.2.
Defendants acted in a collective and interdependent manner in the unlawful
reproduction and distribution of Plaintiff’s
motion picture using the eDonkey2000Network and Protocol.3.
Each time a Defendant unlawfully distributes a copy of Plaintiff’s
copyrighted Motion Picture to others over the Internet via the eDonkey2000 Network, eachrecipient can then distribute that unlawful copy to others without degradation in sound or
picture quality. Thus, a Defendant’s distribution of even a single unlawful copy of the
Motion Picture can result in the nearly instantaneous worldwide distribution of that singlecopy to a limitless number of people. In this case, each Defendant
’
s copyrightinfringement built upon prior infringements.4.
Plaintiff seeks redress for the Defendants’ infr
ingement of its exclusiverights in the Motion Picture, and for injunctive relief to stop Defendants from continuing to
infringe upon Plaintiff’s copyrighted works.
THE PARTIES
5.
Io Group, Inc. is a California corporation doing business as “Titan Media,”
with its principal place of business located at 69 Converse Street, San Francisco, California94103. Titan Media produces, markets, and distributes adult entertainment products,including Internet website content, videos, DVDs, photographs, etc. Plaintiff operates andmaintains a website by and through which customers paying a monthly subscription fee
may view Plaintiff’s
photographic and audiovisual works.
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6.
Defendants MARIUSZ PRALAT, CAROL B. PEAL, YUNSHU KANG,CHUN RONG ZHENG, ZHI NENG WU, RUBEN MORENO, HAO XU, CHIAFEN LIN,SANG YEOL KIM, and MALGORZATA FRACZYK, are individuals, each of whom is insome way responsible for the damages herein alleged.7.
Each Defendant used an Internet connection provided by AT&T to accessthe Internet for the purpose of rep
roducing and distributing Plaintiff’s work,
Breakers
.8.
The Defendants are a group of eDonkey2000 users or “peers” whose
computers are collectively interconnected for the sharing of a particular unique files
–
in
this case a file containing Plaintiff’s movie
Breakers
. The particular file on the eDonkeynetwork
is associated with a unique “hash” (a file identifier generated by an algorithm).
The unique hash value of the file these Defendants shared is23025B1F57308A2C154A4E78CD1CC36F.9.
Plaintiff is informed and believes and based thereon alleges that each of theDefendants, was and is the agent and representative of the other Defendants, acting withinthe purpose and scope of said agency and representation. Plaintiff is further informed andbelieves and based thereon alleges that each of the Defendants authorized and ratified theconduct herein alleged of each of the other Defendants.10.
Each of the Defendants engaged in the copyright infringement schemetogether. During the months of April, May, and June 2010, they all reproduced, shared,distributed, and republished the same file as identified by the hash ID23025B1F57308A2C154A4E78CD1CC36F
and containing Plaintiff’s motion picture,
Breakers
.
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