United States District({XQllrrt t

___
(Arldreu or Brief description

____;C:.::.:E~N,--,-T-",-,RA=.!O=L DISTRICT

OF

-=C::::.:A=. L=I~F..::::O~RN~IA~ __

In the Matter of the Seizure of or property or premises to be ui1.c.d) DOMAIN NAMES:

THE FOLLOWmG

RAPGODFATHERS.COM, TORRENT-FINDER.COM, RMX4U.COM, DAJAZl.COM, and ONSMASH.COM

APPLICATION AND AFFIDAVIT FOR SEIZURE WARRANT
CASE NUMBER,'

0 - 2 B 22M

I, ANDREW REYNOLDS,

being duly sworn depose and say:

I am a Special Agent with the Homeland Security Investigations, Immigration and Customs Enforcement and have reason to believe that in the CENTRAL District of CALIFORNIA there is now concealed a certain person or property, namely the following Internet domain names: (describe the person or property 10 b. seized) RAPGODFATHERS.COM, registered with Enom, Inc., which has its headquarters at 15801 NE 24tb Street, Bellevue, Washington 98008; TORRENT-FINDER.COM registered with Blue Razor Domains, Inc., which has its headquarters at 14455 North Hayden Road, Suite 226, Scottsdale, Arizona 85260; RMX4U.COM registered with Enom, Inc. which has its headquarters at 15801 NE 24th Street, Bellevue, Washington 98008; DAJAZ1.COM registered with Fast Domain, Inc., which has its headquarters at 1958 South 950 East, Provo, Utah 84606; and ONSMASH.COM registered with Godaddy.com, Inc., which has its headquarters at 14455 N. Hayden Road, Suite 219, Scottsdale, Arizona 85260. which is
(state one. or mort bases Ior sebure under United Slates Code)

subject to seizure and civil forfeiture under 18 U.S.C. §§ 2323(a)(1 )(B) and § 981 (b); concerning a violation of Title 17, United States Code, Section 506(a) and Title 18, United States Code, Section 2319. The facts to support a finding of Probable Cause for issuance of a Seizure Warrant are as follows: Continued on the attached sheet and made a part bereof. ..K... Yes No

SignatllfeOf' Affiant Sworn to before me, and subscribed in my presence

'iL
.

/tHbREW T Rt:'iN6lDS sp,ecJhLftGENT . If\\MlGRA-1l0N ItND CUS~ ENfOIfc.a1e:NT.I ttOMtLA1iP sW RllY
Los Anf!eles, California

at Date

._.~VES1JQ
I

City amtfstate

MARGARET A. NAGLE
of Judicial

Han. Margaret A. Nagle, U.S ..Magistrate Judge Name and Title of Judicial Officer

Signature

---_.-.-_

,-

Officer

--

l

A1l0~

,
AFFIDAVIT I, Andrew follows: I. INTRODUCTION
1.

Reynolds,

being duly sworn, hereby state as

I am employed

as a Special Agent Security

("SA") with States Security

the Department Immigration

of Homeland

("DHS"), United

and Customs Enforcement

("ICE"), Homeland

Investigations 2009.

("HSI") and have been so employed assigned

since August

I am currently

to the Office of the Special Agent Intellectual Property Rights and

In Charge, Los Angeles ("IPR") group.

("SAC/LA")

While a SA with ICE HIS, I ,have investigated in investigating regarding numerous investigations

assisted other agents involving violations Rights (IPR).

fraud and Intellectual

Property

Prior to my employment Trainee

with ICE HSI as a SA, I with ICE for Security

served as a Student approximately

(Criminal Investigator)

one year at the SAC/LA Border Enforcement and Smuggling

Task Force, (BEST), SAC/LA Narcotics duties included trafficking assisting

groups. My narcotics as an ICE

agents in investigating violations. and assisted

and human smuggling I participated

Furthermore

student trainee, federal agencies

other state and

in a wide variety of investigations.

1

II. PURPOSE OF AFFIDAVIT 2. I make this affidavit in support of the government's States Code, Sections

application,

pursuant

to Title 18, United

2323{a) (1) (A)-{B) and 981, for warrants property (in this case, website a.

to seize the following

domains) :

The domain name WWW.RAPGODFATHERS.COM. registered with Enom, Inc., which has its headquarters at 15801 NE 24th Street, Bellevue, Washington 98008; The domain name WWW.TORRENT-FINDER.COM registered with Blue Razor Domains, Inc., which has its headquarters at 14455 North Hayden Road, Suite 226, Scottsdale, Arizona 85260; The domain name WWW.RMX4U.COM. registered with Enom, Inc. which has its headquarters at 15801 NE 24th Street, Bellevue, Washington 98008; The domain name WWW.DAJAZ1.COM. registered with Fast Domain, Inc., which has its headquarters at 1958 South 950 East, Provo, Utah 84606; and The domain name WWW.ONSMASH.COM. registered with Godaddy.com, Inc., which has its headquarters at 14455 N. Hayden Road, Suite 219, Scottsdale, Arizona 85260 referred to as "THE SUBJECT DOMAIN NAMES") . will seize the A hereto and

b.

c.

d.

e.

(collectively 3.

The procedure NAMES

by which the government in Attachment

SUBJECT DOMAIN below.

is described

2

4.

As set forth below, there is probable

cause to believe

that the SUBJECT DOMAIN NAMES are property be used to commit or facilitate in violation of 18 U.S.C.
§

used, or intended to infringement,

criminal copyright
§

2319 and 17 U.S.C.

506(a}, and

are subject to seizure and forfeiture pursuant
§

to 18 U.S.C.

2323 (a) . 5. The facts set forth in this affidavit observations, are based upon my and

personal

my training and experience,

information individuals.

and reports obtained This affidavit

from other agents and that and

is intended to show merely

there is probable does not purport investigation

cause for the requeste~

seizure warrants of or

to set forth all of my knowledge

into this matter.
III. TECHNICAL BACKGROUND

6.

Based on my training and experience

and information terms: Protocol

learned from others, a. address computers numbers,

I am familiar with the following Protocol Address: An Internet

Internet

(.IPaddress)

is a unique numeric address used by An IP Address is a series of four (~,

on the Internet.

each in the range 0-255, separated by periods Every computer attached

121.56.97.178). assigned

to the Internet must be sent from and

an IP address

so that Internet traffic
3

directed

to that computer may be directed properly
An

from its

source to its destination. or business the Internet assignment street address to properly

IP address acts much like a home connected The to

-- it enables computers

route .traffic to each other. to computers connected

of IP addresses by ISPs. Domain Name:

to the Internet

is controlled b.

A domain name is a simple, easy-toon the Internet, or other For

remember way for humans

to identify computers (~,

using a series of characters characters) example, that correspond

letters, numbers,

with a particular

IP address.

"usdoj.gov" c.

and "cnn.com" are domain names. The domain name system convention for

Domain Name System:

("DNS") is, among other things, a hierarchical domain names.

Domain names are composed of one or more parts, or by periods, such as from right or label

"labels," that are delimited ..ww.example.com... w

The hierarchy of domains descends

to left; each label to the left specifies a subdivision, subdomain, of the domain on the right. domain. The right-most

conveys the "top-level" ..ww.example.com" w

For example,

the domain name that name is second-level

means that the computer assigned domain, and the "example" is the web server.

in the ".com" top-level

domain, and that same computer

4

d. connected

Domain Name Servers:

DNS servers

are computers domain names

to the Internet Protocol

that convert, or resolve,

into Internet domain

("IP") addresses.

For each top-level called a

(such as ".com"), there is'a single company, that determines which second-level

"registry,"

domain resolves to

which IP address. ".net" top-level headquarters e. purchased

For example, the registry domains is VeriSign,

for the ".com" and

Inc., which has its

at 21355 Ridgetop Circle, Dulles, Virginia. Registrar & Registrant: Domain names may be

through a registrar,

which acts as the intermediary of the domain name. or registers, control a domain the IP The

between the registry individual

and the purchasers that purchases,

or business

name is called a "registrant." address, and thus the computer, resolves. Thus, a registrant anywhere

Registrants

to which their domain name

may easily move a domain name to Typically a registrar the IP

another computer will provide

in the world.

a registrant

with the ability to change

address a particular interface. information registration Registrars

IP address resolves through typically maintain

an online and billing

customer

about the registrants services.

who used their domain name

5

f. individuals

Internet

Service Provider

("ISP"):

Many through ISPs

and businesses

obtain access to the Internet ("ISPs"). using

busi'nesses known as Internet Service Providers provide their customers

with access to the Internet lines; provide

telephone or other telecommunications mail accounts

Internet e-

that allow users to. communicate

with other Internet through the

users by sending and receiving ISP's servers; customers' particular individuals them. remotely

electronic messages

store electronic

files on their unique to each to the with

behalf; ISP.

and may provide other services records pertaining

ISPs maintain

or businesses

that have subscriber

accounts

Those records account

often include identifying access information

and billing

information,

in the form of log files, account

e-mail transaction application

information,

posting information,

information, record

and other information format. A standardized

both in computer

data and written g. identifying information registrar

Whols query: a particular

query or method for by obtaining the if you enter

computer on the Internet

from a registry

database that identifies IP address. For example,

for a particular

a domain name such as "microsoft. com, " Whois will return the name and address of the domain's owner (in that case, Microsoft

6

Corporation). websites,

A "Whois

lr

query can be found on numerous

different

including h. Cam:

www.domaintools.com. The term "Cam" is a term used to describe recorded in

multimedia

video and audio content which is illegally

a cinema or theater where films are shown. illegally recorded, the multimedia

After the content is

video and audio is then

enhanced in preparation i. normally Screener:

for illegal distribution. A screener, also known as a work print, ("DVD") containing prepared a full

refers to a Digital Video Disc

length motion picture

that is specifically

for and sent before that for

to movie critics and' censors for reviewing purposes content is available "screener" to the public.

It is common practice or subtitles which

footage to contain watermarks holder's

reflect the copyright Screeners, however,

ownership over the material. obtained and copied

are sometimes illegally

or "downloaded" distribution. theatrical

to digital

format to allow for illegal before or during a motion picture's a significantly compared to

When diverted

release,

a screener DVD provides

higher quality o~ pirated content that is obtained movie theater.

motion picture content

through the use of a camcorder

in a

This level of quality is normally

not available DVD,

until the official

release date of the motion picture's

7

which normally theatrical

occurs between 60 days and six months

after

release. j. Internet Forum:
An

"Internet forum," webpage

"message

board," or "forum" is an online discussion can hold conversations

where people They

in the form of posted messages.

differ from chat rooms in that messages are stored on the server or computer of the website that displays them. Depending on "the

access level of a user andlor the forum set-up, a posted message might need to be approved by an administrator before it becomes

visible to the general public.

It is common for forums to in in

require that the general public register with the website

order to become a forum "user" who is able to post messages the forum. Forums have their own language; e.g. a single conversation tree-like reply. is called a "thread." A forum is hierarchical - thread -

or

in structure:

forum - subforum -topic

II II II II II II II
8

IV. SUMMARY OF INVESTIGATION AND EFFECT OF INTERNET PIRACY

7.

This application into websites

arises from an ongoing that illegally movies,

nation-wide copyright-

investigation protected computer 8 .. the Motion

distribute

content, software,

particularly

songs, albums and

over the Internet. in the investigation that

I know from my participation Picture Association

of America

(MPAA) is an industry States motion that are analysis by

trade group that represents picture studios

various major United

that own the rights to the movies and provides

discussed

in this affidavit, services

investigative

and evaluation their member

for products

owned and maintained to s t'at.Lst.Lcs and television

representatives.

According

compiled

by the MPAA for 2008, the motion picture production industries (the "industry")

employ approximately in total wages.

2.4 Over

million people

and paid over $140 billion

450,000 of those jobs are in related businesses motion pictures and television

that distribute The industry

shows .to consumers.

employs more than 95,000 businesses such as caterers, suppliers, dry cleaners,

in all 50 states, businesses hardware and lumber $15.7

florists,

and retailers,

to name a few.

Approximately

billion in federal the industry's

taxes were collected

in 2008 as a result of

activities.
9

"

9.

Based on my participation

in the investigation, piracy.

I have Online

learned that there is a "domino effect" to online piracy deprives "downstream" television the industry of revenue derived

from the music and in theaters or

distribution

of movies, software,

shows after those products Downstream

are released

on television.

revenue funds are used, among other in the industry workers and to fund pension

things, to further and healthcare According

investment

plans for unionized

in the industry. revenue comes

to the MPAA,

75% of a motion

picture's

from markets

after the initial theatrical television

release,

and more than after the first
$25.6

50% of scripted

revenues are generated industries

run on television.

Domestic

lose approximately economy related

billion a year in revenue

to piracy, the domestic

10ses to

nearly 375,000 jobs either directly or indirectly online piracy, annual earnings
10.

and American

workers

lose more than $16 billion in infringement. reports from the (IFPI)l, I

as a result of copyright

As a result 6f statistics Federation

and yearly

International

of the Phonographic

Industry

IThe IFPI represents the interests of international musical artists and recording industry ("member") companies and firms. The IFPI's mission is to promote the value of recorded music by safeguarding the rights of record producers through international anti-piracy coordination, to include the submission of cease and desist (C & D) requests to violators and involved third parties.
10

have also learned internationally Digital platforms

that in 2008, the digital music business 25 percent to $3.7 billion. of recorded music through The

grew by approximately

now account for about 20 percent

music sales up from 15 percent in 2007. industry generates a greater proportion

The recorded

of its revenues

digital sales than the film industry by a five to one ratio. United States accounting value. is the world leader 'in digital music sales,

for some 50 percent of the global digital track downloads

music market mark for album

Single

crossed the one billion 1.1 billion;

the first time in 2008, totaling sales totaled billion 66 million.

and digital

IFPI estimates file-shared

that more than 40 in 2008, giving a piracy

files were illegally 95 percent.

rate of around 11.

Many of the websites

that are involved

in the illegal

distribution be divided websites

of copyright-protected into three classes:

content over the Internet may "cyberlocker"

"linking" websites,

and "Bit torrent"

websites.

II II II II II II
11

12.

I know from my participation generally

in the investigation

that

"linking" websites

collect and catalog

links2 to files

on third party websites copyrighted and music.3 content, Linking

that contain illegal copies of movies, television shows, software

including websites

organize these links by, for accessible. of downloading

example, movie

title or genre, to make them easily

Users simply click on a link to begin the process or streaming (real-time viewing/listening) television

to their own computer program or

an illegal copy of ~ movie,

show, software

music file from the third party website at which Linking websites browse content more difficult are popular

it is stored.

because they allow users to quickly be

and locate illegal copies that would otherwise to find through manual searches

of the Internet.

For purposes of this affidavit, a "link" is code which specifies a particular webpage or file on the Internet. If clicked on by a user, a link can, for example, bring up the relevant web page in an Internet browser or run a program. For example, ''http://movies.nytimes.com/2010/06/18/movies/18toy.html?scp=l&sq= toy%20story%203&st=cse" is a link to a webpage containing the New York Times' review o,f the movie "Toy Story 3." A "link" may also be referred to as a "Uniform Resource Locator" or \\URL."
2

I know from my participation in the investigation that illegal copies of motion pictures are frequently made by surreptitiously videotaping movies while they are being shown in theaters. These infringing copies are then quickly distributed over the Internet, sometimes within hours of a movie's initial release. Illegal copies of motion pictures are also made by illegally copying authorized DVD's of those movies.
3

12

Linking websites infringing meaning

also often allow users to post links to Some linking websites are \\forum-based," in the

content.

that the links to pirated content are contained Internet forum.

website's 13.

I also know from my participation

in the investigation copies of or

that the third party websites movies and television streaming

on which the illegal

s~ows are stored for later downloading

are sometimes allow users

referred to as \\cyberlocker" websites. to upload infringing content and often

Cyberlockers

feature high-capacity conveniently quickly.

data connect.i.onsthat allow users or stream that content relatively

to download

Cyberlocker specific

websites

also may allow users to search for first going may use and server

and download

content directly without

through a linking website. different servers

Finally, a cyberlocker

to host its webpage, receive or streaming content.

uploads,

handle downloading connected addresses. 14.

Each computer

to .the Internet

is identified by one or more IP

I also know from my participation

in the investigation and

that the websites television

through which illegal copies of movies

shows are shared and transferred A Bit torrent

are known as \\Bit

torrent" websites.

(referred to in short as system used

\\torrent" or \\torrent file") is a files distribution
13

for transferring

files across a network of people.

As you

download a file to your computer, Bit torrent make~ what you download available for other people to download straight from

your computer;

when multiple

people are downloading

the same file

at the same time, they provide to each other. downloading,

(or "upload") pieces of the file

Bit torrent pieces together the f LLe you are

so it does not matter wheth~r you have the first

part of the file or the last part of the file, or in what order you download it. As you continue to retrieve the file, Bit

torrent also prioritizes

how to connect people to one another for

file sharing based on the pieces of the file they have obtained. For example, directed need. a person with 98 percent of the file done is

to the people with the 2 percent of the file they still allow users to upload infringing

Bit torrent websites

content and often feature high-capacity users conveniently to download

files while allowing

or stream that. content relatively the

quickly from large numbers of other people also downloading file. Bit torrent websites Bit torrent

also may allow users to search for Finally,

and download

files through a linking site.

a Bit torrent website webpage,

may use different

servers to host its Each

receive uploads,

and handle Bit torrent content. to the Internet is identified

computer server connected more IP addresses.

by one or

14

15.

This investigation

has identified

five linking,

cyberlocker popular

or Bit torrent websites

that are among the most illegal

such websites

on the Internet for distributing shows, software

copies of movies, These websites

television

and music files.

are:

(1) RapGodFathers.com
i

(hereinafter (hereinafter "RMX4U.COM"), (5) onsmash.com

."RAPGODFATHERS.COM'i)

(2) torrent-finder.com

"TORRENT-FINDER. COM" , (3) RMX4U.COM (4) dajaz1.com (hereinafter (hereinafter "ONSMASH.COM").

(hereinafter

"DAJAZ1.COM") , and

Based on the facts set forth below, facilitating

I believe that each of these websites are actively the distribution of pirated content.

Based on the investigation,

it appears that website

administrators

andlor representatives

from each of these five websites advertising for, the pirated

supply access to, and

content via their websites

andlor

provide access content.

for any Internet users to download

such pirated

II II II II II II II
15

v.
PROBABLE
16.

CAUSE FOR SEIZURE AND FORFEITURE I have cyberlockers County, multiple and

During

the course of this investigation,

reviewed

the below linking sites, Bit torrent sites located in Long Beach, in Los Angeles to download

using computers California,

and have used those websites

illegal copies of copyrighted music, as' described below.

motion pictures,

software

The RAPGODFATHERS.COM A. General Description 17.

Website

Based on my review of webpages website,

that are available

at

the RAPGODFATHERS.COM a. website.

I have learned the following: is a forum-based "linking" page:

RAPGODFATHERS.COM

According

to the site's "Terms of Service"

The service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. By visiting and using RapGodFathers.com or any of its affiliate sites and services, you are acknowledging your full compliance to the terms listed here .... RapGodFathers.com is based on its links to third party sites. The linked sites are not under the control of RapGodFathers.com and RapGodFathers.com is not responsible for the content of any linked sites or links contained in a linked site .... The links are gathered automatically . We do not manually check every file for copyright issues, and therefore we do not assume any responsibility or liability for the contents of the
16

file, from completeness to legalities including, but not limited to copyright issues. However, RapGodFathers.com is sensitive to the rights of copyright owners. You may not use this site to distribute or download any copyrighted material in which you do not have the legal rights to do so... RapGodFathers.com user agrees that RapGodFathers.com is hereby absolved from any and all liabilities. Losses, costs and claims, including attorney's fees asserted against RapGodFathers.com, its agents, officers, employees, or associates, that may arise or result from any service provided,· performed, be agreed to be performed by RapGodFathers.com. b. my discussion Based on my participation in the investigation I know that page,' and and

with MPAA and RlAA representatives, displayed

despite the disclaimer the webpage distribution c. accessed

in its "Terms of Service" the production

still lists terms which indicate of pirated content.

On September

30, 2010 and October

5, 2010, I

the homepage

of RAPGODFATHERS.COM

and learned that the "News," As set forth in it of

'website contained "Downloads,"

several sections. including: "RGF4 TV," and "Forum."

"Singles,"

further detail 'below, by further searching appeared to me that the website contained of movies.

this website,

links to thousands

songs and hundreds

4

"RGF" is apparently

an acronym

for RapGodFathers.
17

d.

RAPGODFATHERS.COM

also included

an Internet forum, of

located at WWW.RAPGODFATHERS.COM/FORUM.

which consisted including the

several sub forums , topics and descriptions foilowing: Download Zone

The Studio: Get your latest music downloads share your links with the community.

or

Other Genres: Post your pop, rock, reggae, techno or any other types 'of music here. The Lab: Download Applications, Books, etc. Movie Downloads Champagne Room: The champagne room, otherwise known as the XXX porn room / picture room (18+ ONLY) . Request Spot: Drop by to reqUest want. Minimum so posts required. e. ~ubforum, following Upon further examination anything you Zone" of the
,

Games, TV Shows,

of the "Download

I clicked on the link "The Lab," which consisted topics and descriptions: Applications: Get all your applications here. (Emphasis added.)

bootlegs

Games: Your source for games, of course all bootlegged. (Emphasis added.)
TV

18

f.

Based on my training and experience,

I know refer

that the above-referenced to pirated material, copyrighted. administrators

terms "bootlegs" and "bootleggedll

i.e. illegally copied multimedia

that is

Based on my training and experience,

only website

and other Internet users with administrative website could have created these

control of the RAPGODFATHERS.COM subsections g. and description Advertisements

titles listed on the website. appear on various portions of the

website,- including

on pages that are accessed,

as pop-up and in the on a based on,

banner advertisements. investigation

I know from my participation

that companies

which place advertisements owner{s)

website typically

pay a fee to the website's

among other things, advertisement, advertisement.

the number of website users who view the

as well as the number of times users click on the Both of these figures depend on, among other popularity and its overall number of users.

things, the website's
B. Pirated

Songs via RAPGODFATHERS.COM

18.

Upon further examination it contained

of the "Downloads"

section of music

the homepage,

a directory of copyrighted

albums which users cou~d browse and download, order when they were uploaded ones are first on the list.) to the website.

listed in date (The most recent 9, 2010,

For example, on November

the first five album titles listed on the RAPGODFATHERS.COM
19

website were:

(1)

Nelly - "5.0," (2) Kanye West - "My Beautiful (3) Rihanna - "Loud," Lil B - "Red Flame." (4) Trey Songz -

Dark Twisted Fantasy," \\Trigga Trey," and a.
(5)

Each album selection was linked to a corresponding the album's title, a photograph of the

web page which contained album cover or artist, contained in the album.

and a track list'of all the song titles Below the track list was a download website album. link

that transferred could illegally cyberlocker

the user to a cyberlocker download the corresponding

where the user The

listed the size of the file, the user who uploaded the date the file was uploaded, by others, and a the

the file to the cyberlocker,

number of times the file was downloaded description contained of the file.

On Npvember 14, 2010, the directory section of RAPGODFATHERS.COM was 93

in the "Downloads"

pages long, with 50 links per page, meaning

that the website for download

appeared to contain more than 4,600 albums available in its directory. b. Based on my review of public records with representatives

listings, as

well as my conversations Industry Association

of the Recording

of America

(RIAA)5 and my review of public

!

The RlAA represents large companies that oversee the recording and distribution of music in the us. The RIAA protects the copyrighted content of the above-referenced music recording and distribution share-holders by working with law enforcement to
20

recordings

listings

and release dates, I know that several of the were

above-referenced copyrighted,

albums were yet to be released,

and that the copyright holders did not authorize over the Internet by

their third party distribution RAPGODFATHERS.COM C.

or any other website.

Pirated Movies via RAPGODFATHERS.COM
19.

On October

15, 2010, I viewed

the RAPGODFATHERS.COM focusing on

forum and explored the topic titled
20.

the subforum

"Movie Downloads,"

\\DVDScr/Rs/Screener,,6 {emphasis added}. the \\DVDScr/Rs/Screener" topic, which appeared of movies available for download, and located

I viewed

to contain hundreds

a number of forum threads which were isolated threads in the forum.

from the other

{A screen shot of this page, as it existed

on October 15,' 2010, is attached hereto as Exhibit A.} These isolated threads were marked with the word "sticky," to differentiate a term used

threads which are set apart at the top of the

forum and do not defer to newly posted threads or postings.7

promote copyright protection and disruption of internet piracy organizations. 6 Again, as noted above, based on my training and experience, only website administrators and other Internet users with administrative control of the RAPGODFATHERS.COM website could have created this forum and its description title.
7 Normally, in the context of website forums, as new posts are made, they are posted above older posts, in reverse chronological order, based on the date the posts are created. In other words,

21

Administrative

access

is required to designate

a forum post or

thread as "sticky," marked

and six out of seven of the isolated threads Below

"sticky" had been created by the forum user "T."

the name "T" was the title "v.i.p." highlighted

in orange, unlike in color and

the titles of normal users which are not highlighted are not denoted contained "v.i.p." The "signature"8

of each post by "T"

the phrase

"will. get you banned" in red and depicted a in which "JrRyder88" had

post by the forum user "JrRyder88" posted the gibberish

"sadfsadf" as a substitute links.

for the "thanks" was

required to view download the word "Banned"

Under the name "JrRyder88"

indicating

that user JrRyder88 Administrative

had, in fact, access is

been banned from that web forum.

required in order to "ban" forum users.

as a new post is made, the older posts "defer" to the new post and move downward on the page. However, if a post is marked "sticky," it does not move and remains at the top of the page. Only an administrator of the website forum or an Internet user with administrative control of the website forum can designate a post as "sticky." This is similar to the "signature" of an email. user, in which every time the person writes an email, his or her name, title and contact information is displayed at the bottom of the email. But here, the signature of "T" is not his contact information, but rather, a copy of another user's post, JrRyder88, in which JrRyder88 didn't follow the rules of RAPGODFATHERS.COM by saying "thanks" and thus, he was banned from the website, thus explaining the top of the signature stating, "Will get you banned." Administrative access is required in order to ban users of the website's forums. 22

21.

The access capabilities

of the forum user "T," forum threads

specifically,

that he placed a "sticky" on multiple

that he posted, reflected

that he banned a web forum user, and his title the capacity of a forum

as "v.i.p." reflected

administrator,

or a user which represents and acts on behalf of Thus, I believe that forum user

the website RAPGODFATHERS.COM. "T" is a RAPGODFATHERS.COM who is directly the website's D.

administrator

and/or representative for download on

making pirated content available forum.

Internet

Pirated Computer Software via RAPGODFATHERS.COM 22. On or about October 12, 2010, I accessed forum topic titled "Applications" Applications," the above-

referenced

and located a post

titled "Windows Essential on or about September "/IGUnMetaLGr3GI\".

which had been created

19, 2010 by the forum user Based on the description below the user's 535 forum

avatar, the user "/IGUnMetaLGr3GI\"

had created approximately with the website

forum posts since "joining" or registering on or about September RapGodFa~her.com of 2009.

(A screen shot of this page on

as it appeared on October 12, 2010, is attached

hereto as Exhibit B.) 23. download In order for the general public to be able to view the links posted by forum users, a person is required to

register with the Internet

forum on RAPGODFATHERS.COM. 23

After

completing

the registration

process,

that person

is also required links. Based

to post a "thank you" message on my training public and experience,

to view any download

I know that requiring

the general

to register

with an Internet forum in order to post thank the amount of "views" or website the website's popularity. a thank traffic

you messages

increases

and consequently 24.

increases

After registering

as a forum user and posting

you message,

I was able to view the links to the "bootleg" software, which included, in part, the

(pirated) .computer following:

- Sony "Vegas HD Platinum - Google - Adobe 25. bootleg "SketchUp "Photoshop Pro" CS5"

10

3D Edition"

When I clicked computer

on the download however,

links for the above to

software,

I was forwarded

a

cyberlocker available. referenced E.

which indicated

that the downloads

were no longer

Thus, I was unable to obtain any of the abovepirated computer software.

Downloads of Infringing Content via RAPGODFATHERS.COM 26. On or about October 14, 2010,. I used the uppermost is an

thread which forum user "T" (as noted above, who I believe administrator or representative of the website)

had created on or

24

about October cyberlocker chart below,

14, 2010, titled

"Red.2010.DVDSCR"

to link to the

megaupload.com. I clicked

On or about the date listed 1n the movie on

on the links for the below-listed website, selected the link

the RAPGODFATHERS.COM

http://www.megaupload.com/?d=HP3R636U the below-mentioned the movie indicated available file") .9
Date
"" 10/15/2010

to download

the movie from a copy of that

cyberlocker

site, and downloaded cyberlocker

"Red" from the relevant

in a'manner and made

that the entire mOV1e had been uploaded to RAPGODFATHERS.COM forum users

("the Red movie

.-

.~

r~Mov~'§l,a P'l.le;oNG!nle; ~
RED (2010)

'~i!<:

~;

L1oWA~0,ad~"J,in~-,~ ...
http:

Red. 2010, DVDsc. JEKYLL ..avi

I f;~ww. megaupload.

,-, ,~~' It :" . .

com/7d~HP3R6)6U

27.

While downloading

the Red movie

file, I noticed cyberlocker was

the

"File description"

on the megaupload.com

..ttp://www.rapgodfathers.com/forum h experience uploader
l

....ased on my training B the

and

I know

that at the time a file is uploaded,

is able to input a file description Whenever someone downloads show the website
ll •

for the referenced the file, the "file

file download. description"

listed will

"URL" were to

http://rapgodfathers.com/forum follow this "URL,
II

If the downloader

it would

lead to the RAPGODFATHERS. COM forum.

9

I downloaded the entire movie at the beginning, middle,' and end to ascertain whether the uploaded content was the complete theatrical production ..
I

25

28.

Upon viewing

the Red movie file, I noticed in white lettering

the subtitle at the top I know that

"Property of Summit Entertainment"

of the footage. Based on my training and experience, such white lettering

reflects that the Red movie file is a release. On

screener and is not intended for public or Internet or about October

18, 2010, I submitted a sample of the Red movie to Michael Radziewicz, an MPAA investigator. the as well as

file for evaluation 29. evaluation

Based on my review of public movie listings, of examination by investigator Radziewicz,

conversations

with representatives

of the MPAA and other movie

studios, I know that as of October 15, 2010, the above-referenced movie "Red" was playing confirmed in theaters, was copyrighted, was

to be a screener,· and that the copyright its third party distribution or any other website.

holders did

not' authorize

over the Internet by

RAPGODFATHERS.COM 30.

On or about November website

15, 2010, I also used the and download

RAPGODFATHERS.COM

to link to cyberlockers albums.

illegal copies of pirated in the chart below,

On or about the dates listed songs

I clicked on links for the below-listed website and downloaded sites.

on the RAPGODFATHERS.COM the below-listed

the albums from

cyberlocker

Beneath each of the download

links for the below-referenced RAPGODFATHERS.COM

albums was listed a link to the on RGF Forum."

forum, titled "More Downloads

26

2010

1/09/2010

/12./2010

31. referenced

On or about November downloaded

15, 2010 I reviewed

the aboveto each of

albums and successfully

listened

the songs which records

they contained.

Based on my review

of pUblic

listings,

as well as conversations

with representatives songs were for on

of the RIAA, determined

I know

that all of the above-referenced (i.e. not yet released

to be "pre-release" general public)

purchase·tothe

at the time they were uploaded were copyrighted, and the

the RAPGODFATHERS.COM copyright holders over

website,

did not authorize

their third party or any other

distribution website.

the Internet by RAPGODFATHERS.COM

27

F.

ISP Representative's 32.

Statements Re~atinq

to RAPGODFATHERS.COM

On or about October 18, 2010, I emailed Colocate USA10 of company@colocateusa.net to request a I did not

at its email address point of contact

in connection

with this investigation;

provide details of the investigation. 2010, I received

On or about October 20, of Sales

a phone call from Colocate USA Director

Ray Womack, who requested number xxx-xxx-S010. 33.

that I call him back at telephone

On or about October 22, 2010, at approximately

8:43

a.m., I called Womack at the number he gave me and spoke with him. During our conversation, regarding and without me giving him any

information

which website was the focus of our spontaneous statements:

investigation, a. rapgodfathers?" b.

Womack made the following

"Just tell me who you're serving ... is it

"Between you, me and the fifth folksll, who are you

going to serve?" c. "We can cut a lot of the bullshit out if you just I am

tell me who it is because ...

looking at paperwork,

10 Coloca,te USA is an Internet Service Provider operated in Texas, which serves as the hosting RAPGODFATHERS.COM.

(ISP) owned and ISP for

11 By mentioning "the fifth folks," Womack was apparently referring to the Fifth Amendment.

28

probably

sure it's rapgodfather.

It's the only IP complaint

that

we have on our books and we try in our due diligence those clients. To forewarn

to work with

them and to work with them."

G.

The RAPGODFATHERS.COM Domain
34. According 12, 2010: a. The Alexa. com'" ranking for RAPGODFATHERS. COM in the United to valuethewebsite.com, as of on or about

November

shows it was the 15,150th States; b. c.

most popular website

RAPGODFATHERS.COM RAPGODFATHERS.COM

had 24,708 daily page views; had an estimated worth of

$ 129,652.00
35. A search of publicly records revealed available Whols domain name domain

registration

that the RAPGODFATHERS.COM 13, 2005 through

was registered

on or about April

the registrar

Enom, Inc. which has its headquarters Bellevue, database Washington 98008.

at 15801 NE 24th Street, available WHOIS as

The publicly

lists the registrant

of the RAPGODFATHERS.COM

Alexa.com is a "web traffic metric service," meaning that it performs a function similar to the traditional Nielsen television ratings service. Among other things, Alexa.com measures the amount of visitors to a particular website relative to other websites on the Internet, provides an overall ranking of the website's popularity, and collects other information relating to the website, including the number of other websites that link to it.
12

29

WhoisGuard.com, registrants

a company which protects their information

the identity

of domain

by placing

in WHOIS and providing

an option to redirect real address. 36. Publicly

email and regular mail to the customer's

available

WHOIS records also revealed assigned

,

that the IP

RAPGODFATHERS.COM

site is hosted on a computer

address 67.216.80.3,

which is owned by ColocateUSA,

located at

2327 Wise Road, Grand Prairie, Texas 75052.
The TORRENT-FINDER. COM Website A. General Description

37.

Based on my review of web pages that are available I have learned the following:

at

the TORRENT-FINDER. COM website, a. website.

TORRENT-FINDER. COM is a linking and Bit torrent to a disclaimer located at the bottom of the in

According

site's web pages, strict compliance The website's

UTorrent Finder is a 100% legal website, with all local laws and copyright

agreements." Finder is a sites

home page also explains that UTorrent Search Engine which searches

Bit Torrent Multi and trackers

165 torrent

from one page. activity

Protect yourself while downloading

from your ISP,

Hide your personal b. my discussion disclaimer,

torrents." and

Based on my participation with MPAA representatives,

in the investigation

I know that despite this indicate the

the webpage

still lists terms which
30

production concealment content.

and distribution

of pirated content

as well as the pirated

of the user's identity while downloading

c. homepage

On or about October 15, 2010, the website's several "High Speed Downloads," Ripped." the first of

displayed

which was titled experience,

"Secretariat

Based on my training and

queries

of public movie listings and my di$cussion I know that "Secretariat" is a first-

with MPAA representatives, run movie that was released

in theaters on or about October 8, to the general public for homecontext, the

2010 and was not yet released viewing.

I also know that in the above-referenced

term "Ripped" refers to a pirated copy of a movie which was created - i.e. ripped material, from - the original digital source

often after the security protection

on the original

digital source is removed. d. The top of the site's home page includes the logos

and titles of other torrent websites which are links available through TORRENT-FINDER. COM. included the following: "ThePirateBay," "OpenSharing," e. The titles of these torrent websites "Pirateeuropa,"

"PSP Pirates,"

"Kick Ass Torrents," and "MoviesDVDR.""

"FileMP3.org,"

(Emphasis added.) the site

The first page a user sees when accessing

31

contains a search text-box, keyword or phrase

in which a user is able to enter any on

to initiate a search of links available content.

TORRENT-FINDER. COM which lead to downloadable
B. Pirated Movies 38. via TORRENT-FINDER. COM

On or about November search text-box

10, 2010, I used the above-

referenced

to search for download

links which in

contain the keyword the technical

"Cam" in the file title.

(As explained

definition

section above, "Cam" refers to movies with camcorders while the movie is

that have been recorded playing in theaters.

Movie files created in this way frequently The result of my search links per page, with

have the term "cam" in the file title.) consisted equaling of 1,000 pages with 30 download
30,000

links.

The results were listed beginning

the most popular

links which contained the keyword

"Camj" the accessing

listings also showed how many computers were currently ("Seeding" or "leeching") links were "verified

the torrent file and whether or not the

torrents"l3:

In the above-referenced context to Bit torrent files, a "seed" is a computer that has an entire copy of the torrent and offers it for upload. The more seeders there are, the better the chances of getting a higher download speed. If the seeder seeds the whole copy of the download they should get faster downloads. A "leech" is a computer that either does not have 100 percent of the data or who has a negative effect on the download speed by downloading much more of the file than they upload. A "verified" Bit torrent file is a file that has been checked and approved by the evaluators of the website (which can either be people or an
lJ

32

Paranormal Activity 2 2010 CAM Xvid-REVIVE [verified], [approximately 3,840 seeds / leeches] Inception.2010.CAM.XviD-TA(FULL MOVIE) [approximately 3,738 seeds / leeches] [verified],

Jackass 3D 2010 Cam H264 Feel-Free [verified], [approximately 3,531 seeds / leeches] The Social Network CAM XViD - IMAGiNE [approximately 3,178 seeds / leeches] [verified],

DUE DATE 2010 Cam XviD Feel-Free [verified) [approximately 3,597 seeds / leeches) Megamind 2010 Cam-CLASSiFiED [verified] [approximately 2,311 seeds / leeches 39. I know that once a user selects a movie and clicks on link, a new webpage listing numerous details

the corresponding

about the movie file14 as well as links to down~oad file from cyberlocker websites or as a Bit torrent

the movie file appears. the movie

A user can then click on one of the links to download from the relevant 40. website.

Based on my participation listings

in the investigation, with MPAA

review

of public movie representatives,

and my discussions

I know that the above-referericed titles reflect on DVD, unavailable

several movies which are currently unreleased

automated computer function) torrent file link.
14

which attaches

the term to the Bit

Details to include pictures, descriptions and reviews.

cover art, cast, screenshots,
33

for public home-viewing authorize

and the copyright holders

did not

their third party distribution

over the Internet by

TORRENT-FINDER. COM or any other website. 41. On November 15, 2010, I did the same search for keyword 30

"cam" and the result again consisted of 1,000 pages containing links per page, equaling 30,000 matches. This time, I reviewed that approximately movies with the

the first 10 pa~es of 'results and it appeared 80% of the results on those 10 pages contained term "cam" in the digital listed on the first page file title
.15

Some of the movie titles downloaded

(hence, the most· popular

movies) were the following: Due Date 2010 Cam XviD Feel-Free [verified], [approximately 5,860 seeds / leeches] Paranormal Activity 2 2010 CAM-XviD-REViVE [verified], [approximately 4,719 seeds / leeches] Megamind 2010 Cam-CLASSiFiED [verified] [approximately 2,627 seeds / leeches] The Social Network CAM XViD - IMAGiNE [approx 2,517 seeds / leeches] [verified]

Saw 7 2010 CAM XviD - danytheone (NEWVIDEOSOURCE) [verified] [approximately 3,041 seeds / leeches]

The other approximately 20% of the results contained "cam" in the file title for some other reason, such as the actress Cameron Diaz being listed in the file title.
15

34

c.

TORRENT-PINDER. COM Forum Posts by Porum User

"Torrent

Finder"

42.

Users of the torrent-finder.com

website

can click tabs

at the top of each webpage "Forums," and "News." portion of the website post comments participate messages 43.

to browse categories

such as "Search" the

On October 26, 2010, I accessed

called "Forums" which allowed users to software, video games, music, with other users, and create

about movies,

in forum discussions

which

link to other Bit torrent websites.

I was able to view several posts by the user including "Top 10 Most Pirated Movies on

"Torrent Finder," BitTorrent,"

"Piracy

in the Music Industry," "The First Episode

"Piracy Can Boost of 'The Walking seizure bill gains

Book Sales Tremendously," Dead' Leaks to BitTorrent," support." 44. Finder," From reviewing I learned

and "Piracy domain

these posts by the user "Torrent postings contained

that the above-referenced to pirated movies

links and information Money Never Sleeps," movies. (A screen

including

"Wall Street:

"The Social Network,"

"Red," and other 26, 2010, is with I

shot, as it existed on October C.)

attached hereto

as Exhibit

Based on my conversations

MPAA representatives

and my review of public movie 26, 2010, these movies

listings,

learned that as of October theaters and the copyright

were playing in their third

holders did not authorize 35

party distribution other website. 45.

over the Internet by TORRENT-FINDER. COM or any

During my investigation,

I further concluded

that the of

user "Torrent Finder" TORRENT-FINDER. COM. significant user's name. facts.

is an Administrator

and representative based on two

I came to this conclusion

First, the title "Admin" is located below the I know that a not the

Based on my training and experience,

forum user's title can only be created by the website, user. Second, the words

"Torrent Finder Admin" and the Torrent "signature."
16

Finder. corn logo are listed in the user's D. Downloads 46. the movie of Infringing

Content via TORRENT-FINDER. COM for

On October

IS, 2010, I searched TORRENT-FINDER.COM

"The Town" and received

four results which contained At the time of this search, and was not I clicked

'the word "Cam" in the file title. the movie

"The Town" was still playing in theaters

yet released

to the general public for home viewing.

on the link to the torrent {READ NFO} - IMAGINE

file listed as "The Town CAM AC3 XViD (hereinafter "The Town

- {GalaxyRelease}"

movie file") which displayed

the torrent file hosting website

In the 'above-referenced context to Internet forums, the term "signature" refers to, the signature block or block of text automatically appended at the bottom of an email message, forum post or other Internet-based discussion.
16

36

"Kick Ass Torrents." Finder website, Torrents website contained

At this point, I was still on the Torrent

but was able to see a page of the Kick Ass associated with The Town movie file. The page

a detailed

description

of The Town movie file which poster for "The Town" film,

included a copy of an advertising screenshots

of The Town movie file, an Internet Movie Database cast listings, the term "Cam"

(IMDb) 11 link and description, listed under

"Detected Quality" as well as a list of the files file.

stored within the torrent 47. Towards

the bottom of the webpaqe , under a text box were listed the following
:) :)

labeled "IMAGiNE NOTES,"

comments:

VIDEO: Thanks to a very good friend. AUDIO: Thanks to a very good friend.

Video on this was pretty good other than the odd auto focus issues. First was the colors, we messed about with the . . . colors and also brightened it up a bit, . . . and . . . dulled the real bright spots . . . sounds fairly good for cam audio. You can hear the odd laughing and such, but not bad at all. Sample was made so you could hear the laughter at one certain spot. 48. Based on my training and experience, the above comments

The Internet Movie Database (IMDb) is an online database of information related to movies, actors, television shows, production crew personnel, video games, and fictional characters featured in visual entertainment media.
17

37

refer to the fact that the movie was videotaped

with a camcorder audience in the

and that you could hear the laughter of the movie theater where the download, download the film was illegally I was provided recorded.

While

initiating to

with the following

two options

the movie:
(2)

(1) "Download TorrentU
Movie
ll

(from a Bit torrent from a cyber

site), and locker) . 49.

"Download

(a direct download

I clicked

on the "Download Movie" on the "Kick Ass link to download
MOVZIl

option website

and it took me which file. After and

to a page contained contained attempting a download

The Town movie

to download

the movie, it required

that I register to Torrent

pay a fee to Kick Ass Movz, so I instead Finder.com Torrent." and clicked

returned

on the option listed as "Download the Bit torrent· file and a copy of the

This allowed ·me to download
I

as a result, following

was ultimately

able to download

file:

www.torren tfinder. com Torrents"

Town
CAM AC3

XViD IMAGiNE

38

50. movie

On October

18{ 2010, I submitted

a sample

of the Town

file to MPAA 51.

investigator

Michael Radziewicz.

On or about October

28, 2010, MPAA representatives via

examined

a copy of The Town movie file that I obtained

TORRENT-FINDER. COM. Radziewicz

I was informed by MPAA investigator release

that The Town movie file was an unauthorized "The Town,
/I

of the movie

a movie owned by Summit

Entertainment, for The

LLC. I later reviewed Town and learned following

a copy of the copyright

application based

that the film was copyrighted

on the

Claim Details:

Motion 486974771 Picture

Warner Bros. Entertainm ent Inc.

Warner Bros. Entertainm ent Inc.

52.

Radziewicz

also.informed

me that the Town movie file copied in the

was a "cam," meaning

that it had been illegally

theater with a camcorder.

II

/1
II II

39

E.

Advertising 53.

Revenue Paid to TORRENT-PINDER. COM appear on various portions of the

Advertisements

TORRENT-FINDER. COM website, download

including on pages that include software. As noted and

links to movies, music, and computer

above, I also know from my participation as a result of information with, representatives place advertisements website's

in the investigation

obtained from, and my discussions which

of Value Click,18 that companies on websites

typically pay a fee to the

owner based on, among other things, the number of as well as the number of

website users who view the advertisement times users click on the advertisement. 54. following Based upon information chart reflects

I received

from Value Click, the that Value Click for

advertising

revenues

paid to the owners of the TORRENT-FINDER. COM website advertisements appearing on various portions

of the TORRENT-

FINDER. COM website,

corresponding

to the number of people that

view and interact with the websitel~:

ValueClick, based in Westlake Village, California, is an online advertising company which provides online advertising campaigns and programs for advertisers and advertising agency customers in the United States and internationally.
18
19 It is significant to note that ValueClick is only one of multiple online advertising companies that TORRENT-FINDER. COM uses on its website and thus is not the only advertising company which provides revenue to the TORRENT-FINDER. COM website owners. Thus, the above advertising revenues reflect only a portion of

40

finder. com \'iWW.torrent finder. com www.torrentfinder. com WWW.torrentfinder. com www.torrentfinder. com www.torrentfinder. com www.torrentfinder. com www ..orrentt finder. cam www.torrentfinder. com www.torrentfinder. com www.torrentfinder. com

$89.00 USD

1/16/2009

Deposit Direct Deposit Direct Deposit Direct Deposit Direct Deposit Direct Deposit Direct Deposit Direct Deposit Direct Deposit Direct Deposit Direct Deposit

$1,469.85 USD

12/18/2008

$1,527.85 USD

11/25/2008

$2,111.15 USD

10/24/2008

$4,265.20 USD

8/19/2008

$2,845.25 USD

7/18/2008

$565.80 USD

6/19/2008

$640.80 USD

5/19/2008

$568.45 USD

4/21/2008

$631. 90 USD

3/20/2008

the advertising receiving.

profits

that the owners of TORRENT-FINDER..COM are
41

F.

The TORRENT-FINDER. 55. According 12, 2010: a.

COM Domain
as of on or about

to valuethewebsite.com,

November

The Alexa.com

ranking for TORRENT-FINDER. COM shows website in the united States;

it was the 4,980th b. c.

most popular

TORRENT-FINDER.COM TORRENT-FINDER.COM

had 103,978

daily page views; worth of

had an estimated

$ 373,678.00
56. A search of publicly revealed available WhoIs domain name

registration

records

that the TORRENT-FINDER. COM domain 22, 2004 through the registrar at 14455 85260. The

was registered

on or about August

Blue Razor Domains, North Hayden publicly Road,

Inc. which has its headquarters Suite 226, Scottsdale, WhoIs database Arizona

available

lists the registrant

of the the in

TORRENT-FINDER. COM as W7 Media, a company which protects identity of 'domain registrants an option by placing their

information

WhoIs, providing the customer1s related 57.

to redirect

email and regular mail to a number of IP

real address

as well as providing

services

to its clients. available WhoIs records also revealed assigned Hosting, Nassau, that the IP located Bahamas.

Publicly

TORRENT-FINDER. COM site is hosted on a computer address 208.87.34.18, which is owned by Secure Roads, P,O. Box CB13862, 42

at Robinson

& Marathon

The RMX4U.COM Website A. General Description 58. Based on my review of webpages website, RMX4U.COM that are available at

the RMX4U.COM a.

I have learned the following: is a German Internet forum-based album covers and (A screen hereto as

"linking" website. links to several

The site's homepage

displays

different

subforums and topics.20
25, 2010 is attached

shot as it existed Exhibit D.) Resources containing organized

on October

Upon clicking

on one of the topics,

such as "GFX to a new page

/ Appz I Help,,21,. he user is directed t

a list of threads created by forum users which are in reverse chronological order corresponding to the

date and time the thread was created. existed on October b.

(A screen shot as it hereto as Exhibit E.)

25, 2010 is attached

The RMX4U.COM

subforum

"Music Zone" was organized to a specific genre
2010," ."German

into topics in which each topic corresponded of music: "RnB Tracks," "Electronical

Tracks/Mixes and others.

Tracks/Remixes,"

"Music Clips Request"

Within each

The subforums were called \\ones," and contained several topics z in which registered forum users were able to post threads and messages.
20 21

The acronym GFX, as used in the above-referenced context, refers to the term "graphics" which corresponds to photo editing software such as Adobe Photoshop. 43

of these topics, a registered

forum user is able to create new threads or .

threads as well as post replies to already created posts.
B. Pirated Music Albums via RMX4U.COM

59.

Based on my review of the RMX4U.COM registered

forum, I discovered to

that the forum provided obtain or distribute forum threads. 60.

users with the ability

music files through the above-referenced

On or about October within

26, 2010, I viewed

a thread titled

"Joe Discography"

the subforum

"Black Zone" and the topic several album

"Old But Gold Alben."

The initial post contained

titles beneath which was a picture of the album cover, a description of the album, a track list for the album and one or links to obtain the pirated album files. the user to a cyberlocker download The

more download download website

link transferred

hosting the

at which the user could illegally file:

corresponding

II II II II II

44

.. Alhum Tit:Pe ~ Everything (-1993) All That I Am
(1997)

~jt

~.

Art.]. Sit't1 Joe Joe Joe

',/ ~~W'J"

1~,Labi:H Mercury Jive
~"j

'€:WberJ:.6cRe~ ,~:;;;\~ jt;r·~ ';"~:ll~;ilf http: //ul. to http://ul.to

My Name Is Joe
(2000 )

Zomba Records Singapore/ BMG

ht tp ://ul .to

Better Days (2001) And TheIL. (2003) And Then (Dutch Bonus Tracks) The Best of Joe
(2006 )

Joe Joe Joe Joe Joe Joe

Records Jive/Zomba Jive Jive Records N/A RCA Kedar Ent.

ht tp ://ul .to ht tp ://ul .to http://ul.to http://ul.to http://ul.to ht tp ://ul .to

Ain't Nothin' Like Me (2007) Joe Thomas New Man
(2008 )

61.

Several

of the pirated album files went so far as to as well as the "Supplier" of the original

list the "Ripper" album's 62. content. Based
22

on my review of public with representatives

record

listings,

as well

as conversations of October copyrighted,

of the RlAA, albums

I know that as

26, 2010,

the above-referenced

were

and that the copyright distribution

holders

did not authorize by RMX4U.COM or

their third party

over the Internet

any other websites.

Based on the above-referenced context, the term "Ripper" refers to the person who "ripped" or illegally copied the album or ~D. The term "supplier" refers to the source from which the original album was obtained.
n

45

C.

Pirated 63.

Computer

Software

Programs

via RMX4U.COM the "Photoshop / Appz /

On or about October website and explored targeting

25, 2010, I accessed the subforum titled

RMX4U.COM

Zone," specifically Help."

the topic "GFX Resources to the word

I know that the term "Appz" refers which often include software

applications, computer ("GFX") . 64. Upon

and other related context of graphics

programs

in the above-referenced

further

examination,

I observed

several owned and

threads

whose titles maintained

reflected

photo editing software including Lightroom

by the company Adobe, "Adobe Photoshop

the following: 3.2.0 Finals"

"Adobe Illustrator "Adobe Photoshop Portables"

v10.0.128.0.00" v12". Final + 0

CSS Extended

"Adobe Flash Professional "Photoshop Bundles" 65. I clicked on the thread titled CSS Portable

CS4 v10.0.0" Plug-In

Plus Topaz

"Adobe Illustrator 17,

v10.0.128.0.00,"

which had been created on or about October "yoann102." I noticed

2010 by the forum user name had been crossed

that the user's by the word The post

out by a line and was described beneath 46 the user's name.

"Banned" which was depicted

included

a picture

of the Adobe Illustrator depicted the registered

computer

software beneath the

cover which clearly a red and white letter D. "A."24

mark Adobe23

triangle

which is characterized

to resemble

Downloads 66.

of Infringing

Content via RMX4U.COM I

On or about the date listed in the chart below,

clicked website,

the link for the below-listed' file on the RMX4U.COM selected the link to download'the site, and downloaded listed computer file from the below-

listed cyberlocker comprising

a copy of the file

the below

software.

Illustrator

67.

On or about October

26, 2010, I returned

to the "GFX

n

According to the United States Patent and Trademark Office (USPTO), the certification typed drawing word mark "Adobe" is a registered trademark assigned to the registrant Adobe Systems Incorporated, Corporation California, 345 Park Avenue Legal Department San Jose California 95110. The serial number of the mark is 1475793i the mark was registered on or about February 9, 1988 and the mark is active and live.

~ According to the USPTO, the certification mark "A" (rectangles as single or multiple line borders which is characterized to consist of a stylized letter IIA") is a registered trademark' assigned to the registrant Adobe Systems Incorporated, Corporation Delaware Legal Department, 345 Park Avenue San Jose California 95110. The serial number of the mark is 78542134; the mark was registered on or about December 20, 2005 and the mark is active and live.

47

Resources

I Appz I Help" topic of RMX4U.COM and selected the

thread titled "Adobe Photoshop CSS Extended v12. 0 Fi"nal + Portables," which had been created on or about October 17, 2010

by the user yoann102.

I noticed that the user's name had been "Banned"

crossed out by a line and was described by the word "which was depicted examination,

beneath the user's name. Upon further the follow~ng text at the end of the post: (26:10:2010 urn 18:18 Uhr) Grund: icon that the post had been adjusted,

I noticed

"Geandert von .soulvocals added." " The text indicated changed or modified user represented

on or about October 26, 2010 by the Internet "soulvocals." Based on my user access

by the username

training and experience, is required

I know that Administrative

in order for a forum user to modify a post created by

another forum user. 68. On or about the dates listed in the chart below, I files on the RMX4U.COM

clicked the links for the below-listed website, selected listed cyberlocker comprising

the links to download the files from the belowsites, and downloaded copies of the files

the below-listed

computer software.

II II II
// 48

Date

Computer Software

Filename

Cyberlocker

10/26/2010

Title Adobe Photoshop CSS

EDK_Adobe.Photoshop.CSS.Extended.Full. Keymaker_UDS EDK_Adobe.Photoshop.CSS.Extended.Full. CSS Keymaker_uDS EDK_Adobe.Photoshop.CSS.Extended.Full. CSS Keymaker_UDS EDK_Adobe.Photoshop.CSS.Extended.Full. CSS Keymaker_UDS EDK_Adobe.Photoshop.CSS.Extended.Full. CSS Keymaker_UDS EDK_Adobe.Photoshop.CS5.Extended.Full. CSS Keymaker_UDS EDK_Adobe.Photoshop.CS5.Extended.Full. CS5 Keymaker_UDS EDK_Adobe.Photoshop.CSS.Extended.Full. CSS Keymaker_uDS EDK_Adobe. Photoshop. CSS. Extended. Full. CSS Keymaker_UDS

Fileserve.com

10/26/2010

Extended Adobe Photoshop

Fileserve.com

10/26/2010

Extended Adobe Photoshop

Fileserve.com

10/26/2010

Extended Adobe Photoshop

Fileserve.com

10/26/2010

Extended Adobe Photoshop

Fileserve.com

10726/2010

Extended Adobe Photoshop

Fileserve.com

10/26/2010

Extended Adobe Photoshop

Fileserve. com

10/26/2010

Extended Adobe Photoshop

Fileserve.com

10/26/2010

Extended Adobe Photoshop Extended

Fileserve.com

69.

On October computer

27, 2010, I submitted

a sample of the DVD (DVD-R)

above-listed

software files on a recordable Enforcement

.to Adobe Systems

Inc. Anti-Piracy

IvlanagerChris

Stickle for evaluation.

49

70.

On or about November

3, 2010, Stickle examined pirated computer software that I

samples of the above-referenced downloaded downloaded from RMX4U.COM. program

Stickle informed me that the versions of the

files were fully functioning

Adobe computer

software and Adobe did not'authorize over the Internet by RMX4U.COM

their third or any other

party distribution website.

Stickle, additionally

informed me that the pirated contained

computer program counterfeit

file titled "Photoshop CS5 Extended"

Adobe serial number 1325-1558-5864-4422-1094-1126. informed me that the MSRP (Manufacturer's

Finally, Stickle Suggested "Photoshop E.

Retail Price) for "Illustrator CS5 Extended" is $999.00.

10" is $399.00 and

Forum Posts by Forum User "soulvocals" on RMX4U.COM 71. During the course of the

EDK_Adobe.Photoshop.CS5.Extended.Full.Keymaker_UDS.partO5.rar file download, username I searched the RMX4U.COM Internet forum for the forum

"soul vocals"

and clicked on the above-referenced a message which depicted

thread titled download

"Joe Discography";

links for several pirated MP325 files, including

"Joe-

MP3 is an acronym for the term MPEG-l Audio Layer 3, an audio file format commonly used for mobile audio I music listening devices.
25

50

The_Best_Of_JOe_(~ixed_bY_DJ_Finesse)-Bootleg-2006"26. added.) The forum user represented posted the following about "06.07.2009"
! ,,27

(Emphasis "soulvocals" message on or

by the username

reply to the above-referenced

and at approximately

"11: 15":' "wuhuu. danke dir

72. highlighted

I noticed

that the "soulvocals"

user's

name had been

in blue and was described beneath

by the word. "Moderatorin,,28 During my is an

which was depicted investigation, Administrator conclusion

the user's name.

I concluded

that the user "soul vocals" of RMX4U.COM. facts.

and representative

I came to this

based on two significant the message

First , "soul vocals" .. CS5

reviewed and modified

titled "Adobe Photoshop which later contained

Extended v12.0 Final + Portables" computer program software

pirated

files of the' pirated copyrighted CS5 Extended." Based.on user access

computer my training and is required in

"Adobe Photoshop

experience,

I know that Administrative

26

As noted earlier, the term "bootleg" refers to sometlJ,ing,such as a recording, which is made, reproduced, or sold illegally or without authorization. In the above-referenced German for "thank you," context, the phrase "danke dir" is

'J.7

'J.8

In the above-referenced context, the phrase "Moderatorin" is German for "Moderator." Based on my training and experience, I am aware that the term "Moderator" refers to the person who controls an Internet forum.
51

order for a forum user to modify a post created user. Second, I noticed that the "soulvocals"

by another username

forum

had been

highlighted meaning

in blue and was described

by the word beneath

"Moderatorin,"

"Moderator,"

which was depicted and experience,

the user's name.

Based on my training

I know that a forum user's not the user. "Moderator" Since

title can only be created the title listed below Moderator controls

by the website, means

"soulvocals"

and since a

an Internet

forum, I believe

that the user of the

"soulvocals" website.

is an administrator

or representative

F.

The RMX4U.COM Domain
73. According 12, 2010: a. The Alexa.com ranking for RMX4U.COM shows States; to valuethewebsite.com, as of on or about

November

it was the 57,94Sth b. c.

most popular website

in the United

RMX4U.COM RMX4U.COM

had 4,358 daily page views; had an estimated worth of

$ 31,753.00.
74. A search of publicly revealed available Whols domain name was

registration registered

records

that the RMX4U.COM 17( 2006 through

domain

on or about December

the registrar

Enom, Inc. which Bellevue,

has its headquarters 98008.

at 15801 NE 24TH Street, available WHOIS

Washington

The publicly 52

database

lists the registrant

of the RMX4U.COM

as WhoisGuard.com, registrants an option by to

a company which protects placing redirect 75. RMX4U.COM their information

the identity of domain in WhoIs and providing

ema i.L and regular mail to the customer's Publicly available WhoIs records

real address. that the

also revealed

site is hosted which

on a computer

assigned

IP address at 35, Rue

212.117.166.2,

is owned by \\root SA," located Luxembourg.

John F. Kennedy,

7327 Steinsel,

The DAJAZ1.COM Website A. General Description
76. Based ort my review of webpages website, DAJAZ1.COM that are available at

the DAJAZ1.COM a. homepage

I have learned the following: is a linking website. The site's photographs, songs. For

displays

album covers and recording and links for numerous

artist

short descriptions, example, displayed

pirated

on or about October album covers

26, 2010, the DAJAZ1.COM

homepage

and recording

artist photographs, "Jamie Foxx ft. feat Jr.

descriptions DrakeReid,"

and links for, among other songs,

Fall For Your Type," \\ICan't Help It - Ghostface." which

\\High Off Life - Cassidy feat Rocko," and

T.r.

"Purified

Thoughts

I was also able to click on a link titled allowed me to individually view prior home

"Older Entries"

53

pages from the website; included what appeared b. section titled administrator's

these home pages, to be hundreds

taken together, songs.

of links to pirated homepage the is a

On the initial DAJAZ1.COM "About Me" which contained contact information:

(alleged) website

Location: Queens, New York, United DAJAZ1.COM (DUH-JAZZ-ONE) Twitter - @splash_dajaz1 Bigsplash1024@aol.com Splashmixtapes@tmail.com Splash.Dajaz1@gmail.com MYSPACE.COM/MIXTAPESPLASH c. link titled The DAJAZ1.COM "MP3 Downloads." website

States

homepage

contained

a

Upon clicking

the "MP3 Downloads"

link, the user is directed additional album covers

to a new page which displays artist photographs, pirated songs. short

and recording

descriptions,

and links for numerous

For example, web

on or about October page displayed descriptions Drakealbum

26, 2010, the DAJAZl. COM "MP3 Downloads" covers and recording artist photographs,

and links

for, among other songs, "Long Gone - Nelly - Ne-Yo,"

"Jamie Foxx ft. feat Chris Brown

Fall For Your Type," "Making a Movie

and Plies," 77.

and "T.I. - Ya Hear Me." the user

Upon clicking

a link for one of the songs,

is directed artist(s)

to a new page containing

the title of the song, the the date which it was

who produced

it, a description, a photograph 54

posted on the website,

of the artist

or album which

featured the song, the administrative uploading 78.

user responsible

for

the file or message and multiple download On or about October 26, 2010, I noted that 14 administrative administrator I concluded message postings

links.

approximately by the website

had been created During

with the username

"Splash." is an

my investigation, Administrator conclusion

that the user "Splash" of DAJAZ1.COM. facts.

and representative

I came to this "Splash" which

based on two significant

First,

created the above-referenced later contained experience,

DAJAZ1.COM message postings

pirated· song files.

Based on my training and user access is required in on the DAJAZ1.COM I noticed that

I know that Administrative

order for a message

to be created and viewable webpage.

homepage and "MP3 Downloads" the "Splash" username

Secondly,

matched the name listed in the "About Me" homepage and was further contained listed on the DAJAZ1.COM in

section of the DAJAZ1.COM

several of the email addresses Based on my training access is required webpages, B.

homepage.

and experience,

I know that administrator of websites and

to create and modify sections

such as the above-referenced

"About Me" section.

Downloads of Infringing Content via DAJAZ1.COM 79. I used the DAJAZ1.COM website to link to cyberlockers On or about

and stream and/or download

illegal copies of songs.

the dates listed in the chart below, I clicked on links for the

55

below listed downloaded

songs on the DAJAZ1.COM

website

and streamed

and/or

the songs from the below-listed

cyberlocker

sites.

Where indicated download websites,

in the below chart, one or more of the available cyberlocke.r removed

links had been removed on the designated replaced
by the message

"This file is either

due to Copyright uploader." The

Claim, has Expired or is deleted "Reason for deletion" was described

by the as (IFPI)".

'~International Federation

of the Phonographic

Industry

80.

Based

on my review of public records with RlAA representatives,

listings,

as well

as conversations October

I know that as of songs were for purchase

.26, 2010, all of the above-referenced to be "Pre-release"

determined

or not yet released

to the general holders Internet 81.

public,

three were copyrighted,

and the copyright over' the

did not authorize by DAJAZ1.COM On October

their third party distribution

or any other website. 27, 2010, ICE agents submitted samples of President of

the above-referenced Anti-Piracy

multimedia

files to RlAA Vice

Legal Affairs

Carlos L.inares.

56

·

.

82.

On or about October 28, 2010, Linares

examined

samples

of the pirated

songs that I obtained from DAJAZ1.COM.

Linares copies of

informed me that the pirated songs were unauthorized rights holder's works. on DAJAZ1.COM appear on various portions

c.

Advertisements 83.

Advertisements website,

of the

DAJAZ1.COM

including on pages that include download

links to pirated music. 84. On or about October 28, 2010, I obtained information

from ValueClick, for the DAJAZ1.COM about September According

Inc. indicating that an account had been created website. The account was established on or

24, 2010 but "no money

[had been] earned yet."

to documents

produced by ValueClick, was the contact email address "Account Information" for the

bigsplash1024@aol.com account listed under "Superuser"

and held the status of obtained

and the title of "Owner". 29 The information that while DAJAZ1.COM

from Value Click indicates earned any advertising

.had not yet

revenue because its account was recently

29

Bigsplash1024@aol. com contained the above referenced DAJAZ1. COM administrative username "Splash" and is one of the email addresses listed under the "About Me" section of the DAJAZ1.COM homepage.
57

opened,

the website

is set up to earn advertising

revenue

from

ValueClick D.

in the future. Domain to valuethewebsite.com, as of on or about,

The DAJAZ1.COM 85. According 12, 2010: a.

November

The Alexa.com

ranking

for DAJAZ1.com

shows States;

it was the 71,024th most popular b. c. DAJAZ1.com DAJAZ1.com

website

in the United

had 3,555 daily page views; had an estimated worth of

$ 25,907.00~
86. A search of publicly revealed available Whols domain name

registration registered

records

that the DAJAZ1.COM 29, 2008 through

domain was the registrar

on or about February

Fast Domain,

Inc. which has its headquarters 84606. The publicly

at 1958 South 950 WHOIS database a

East, Provo, Utah

available

lists the registrant

of the DAJAZ1.COM

site as HostMonster.Com, registrants an option by to

company which protects placing redirect 87. DAJAZ1.COM

the identity of domain

their information email and regular Publicly

in Whols and providing mail to the customer's Whols records

real address. that the

available

also revealed

site is hosted which

on a computer

assigned

lP address at 1958

74.220.215.217,

is owned by Bluehost, Utah 84606.

Inc. located

South 950 East, Provo,

58

The ONSMASH.COM A. General Description 88. Based

Website

on my review of webpages website on October

available

at 26, 2010, I

the ONSMASH.COM have learned a. homepage

12 and October

the following: ONSMASH.COM album is a linking website. The site's

displays

covers and recording

artist photographs, songs. a link

short descriptions, b. titled "Music."

and links for numerous

pirated

The ONSMASH.COM Upon clicking

website homepage

contained

the Music link, the user is album covers and and links for 26,

directed recording numerous

to a new page which displays additional artist pirated photographs, songs. short descriptions,

For example,

on or about October

2010, the ONSMASH.COM recording artist

"Music" webpage displayed descriptions

album covers and

photographs,

and links for, among REID},"

other songs,

"CASSIDY

- HIGH OFF LIFE

{FEAT. JUNIOR

"JAMIE FOXX - FALL FOR YOUR TYPE MR. RAGER."

{FEAT. DRAKE},"

and "KID CUDI "Next

I was also able to click on a link titled me to individually

Page" which allowed the website; appeared

view prior home pages from included what

these home pages,

taken together,

to be hundreds c.

of links to pirated

songs. the

Upon Clicking

a link for one of the songs,

59

user is directed the artist(s)

to a new page containing

the title of the song, the date which it

who produced

it, a description, a photograph

was posted on the website, which featured uploading download

of the artist or album user responsible streaming and/or for

the song, the administrative

the file or message and multiple links. d.

On or about October 26, 2010, I noted that 12 administrative message postings had been

approximately

created, by the website "thekidLEGEND." e. "thekidLEGEND" ONSMASH.COM.

administrator

with the username

During my investigation,

I concluded

that the user of

is an admiriistrator and/or representative

I came to this conclusion based on the significant created the aforementioned ONSMASH.COM

fact that "thekidLEGEND" message postings on my training

which later contained pirated

song files. Based user

and experience,

I know that administrative

access is required viewable

in order for a message to be created and homepage and "Music" webpage.

on the ONSMASH.COM f.

When a user clicks on the link for the particular "KiD CuDi - Mr. Rager", the user is by the

song file, for example directed to a webpage

that features more descriptions

administrator

"thekidLEGEND."

The message which was posted link for the

beneath the album cover and above the download

60

above-referenced information:

"KiD CuDi" song contained

the following

This track actually leaked a couple months back, back when a couple CuDi songs were hitting the nets a bit early but this is the final version of the title track from Man On The Moon II: The Legend of Mr. Rager. We must have to say, this might be one of the more anticipated albums we're looking forward to in the 4th quarter ... You can pre-order the album on iTunes tomorrow & receive a bonu~ track on the day of release.3o 89. A picture of the cover art for the "Man On The Moon II:

The Legend of Mr. Rager" album was included above the abovereferenced description and depicted the registered EXPLICIT CONTENT".31 certification

mark "PARENTAL ADVISORY B.

Downloads of Infringing Content via ONSMASH.COM 90. I used the ONSMASH.COM website to link to cyberlockers

and stream and/or download

illegal copies of songs. On or about

the dates listed in the chart below, I clicked on links for the below listed songs on ~he ONSMASH.COM downloaded website and streamed and/or cyberlocker sites.

the songs from the below-listed

30

The term "Leaked," as used in the above description, refers to the unauthorized disclosure of copyrighted multimedia content.

According to the USPTO, the certification mark PARENTAL ADVISORY EXPLICIT CONTENT is a registered trademark assigned to the registrant Recording Industry Association of America, Inc. Corporation New York 1025 F Street, N.W., 10th Floor, Washington D.C. 20004. The serial number of the mark is 78142196, the mark was registered on or about January 6, 2004 and the mark is active and live ..
31

61

Jp-atEe

~~P"

~~-,,'

10/21/2010 10/21/2010

J ~s0~,Tifle
Last Wish In for the

1

~!Oo _Artist! ,,('" Ray J

~al3fi:il J,f'

.,(.""!$'.!~~"'~

·@itlJe:jfl"ssReJ:;
Mediafire.com Mediafire.com

~lr<

La Rouxe

ft.

SRC Records Interscope

10/21/2010 10/21/2010 10/21/201.0

Kill (remix) Wet Wet Dollar Signs Wallstreet

Kanye West Ace Hood Three 6 Mafia Romeo

Island Def Jam Columbia No Limit Records Motown Elektra

Mediafire, com Nediafire.com Mediafire.com

10/21/2010 10/21/2010

Alphabet Boys Today My Life· Begins The Bizness

Consequence Bruno Mars

Mediafire.com Mediafire.com

10/21/2010

Ca$his

Shady Aftermath RCA

Mediafire.com

10/26/2010

Fall For Your Type Mr. Rager

Jamie

Foxx

Hulkshare .c'om

10/26/2010

Kid Cudi

UMG

Hulkshare.com

91.

Based on my reV.lew of public with representatives

records

listings

I

as well

as conversations of October

of the RIM,

I know that as songs

26, 2010, all except one of the above-referenced to be "Pre-release"
1

were determined purchase copyright

or not yet released

for

to the genera.l pub li,c all were copyrighted, holders did not authorize their third party

and the

distribution website. 92.

over the Internet

by ONSMASH.COM

or any other

On October

271

2010, ICE agents

submitted

samples President

of of

the above-referenced Anti-Piracy 93.

multimedia

files to RIAA Vice

Legal Affairs

Carlos Linares. 28, 2010
1

On or about October

Linares

examined

samples

62

of the pirated

songs that I obtained from ONSMASH.COM. songs were unauthorized

Linares copies of

informed me that the pirated rights holder's works.

c.

Advertisements

on DAJAZ1.COM

94.

Advertisements website,

appear on various portions

of the

ONSMASH.COM

including on pages that include download

links to pirated music. 95. On or about October 28, 2010, I received Inc. indicating website. information

from ValueClick,

that an account had been created on or

for the ONSMASH.COM about January According

The account was established [per] month".

10, 2008 and "makes $200-$400

to documents

produced by ValueClick,' Complex Magazine "Account and the title of the

was the name listed for the account listed under Information" "Operator". following and held the status of "Superuser," Information

returns from Value Click indicated reflecting advertising revenues

information

being paid on to the

to the owners of ONSMASH.COM various portions number of people

for advertisements website,

appearing

of the ONSMASH.COM

corresponding

that view and interact with the website.32

It should be noted that ValueClick is only one of multiple online advertising companies that ONSMASH.COM uses on its website and thus is not the only advertising company which provides revenue to the ONSMASH.COM website owners. Thus the above advertising revenues reflect only a portion of the advertising profits that the owners of ONSMASH.COM are receiving.
3l

63

!$i"'
wv,TW.

onsmash. com www . on'smash.. com W1.'TVI. onsmash .com W1t<TW .orrsrnah. com s W'lTW. onsmash. com W1t<TW.onsmash.com wwW.onsmash.com W1t<TW.onsmash.com W1t<TW.onsmash.com W1t<TW.onsmash.com

$407.34 $289 ..58 USD $223.10 USD $221.28 USD $221.17 USD $133.42 USD $215.14 USD $148.09 USD $127.43 USD $180.65 USD $319.37 USD

10/18/2010 9/1.5/2010 8/16/2010 7/15/2010 6/15/2010 4/19/2010 2/17/2010 10/28/2009 9/17/2009 7/16/2009 6/16/2009

Check Check Check Check Check Check Check Check Check Check

D.

THE ONSMASH.COM 96. According 12, 2010: a.

DOMAIN to valuethewebsite.com, as of on or about

November

The Alexa.com

ranking for Onsmash.com in the United

shows States;

it was the 9,520th b. c. $ 225,477.00. 97. A search

most popular website

Onsmash.com Onsmash.com

had 54,392 daily page views; had an estimated worth of

of publicly revealed

available

WHOIS domain name

registration registered Godaddy.com,

records

that the ONSMASH. COM domain was the registrar at 14455 N. Hayden The publicly of the ONSMASH. COM Inc., a company
by placing

on or about May 27, 1999 through Inc. which has its headquarters Arizona 85260.

Road, Suite 219, Scottsdale, available lo<lhoIs database

lists the registrant Domains of domain

site as Private, which protects

Registration

by Proxy, registrants

the identity

64

their information email and regular Publicly available

in WhoIs and providing mail to the customer's

an option

to redirect

real address. that the IP address at 6861 Elm

WhoIs

records also revealed on a computer

ONSMASH.COM

site is hosted which

assigned located

207.58.138.102,

is owned by ServInt Virginia VI. 22101.

Street 4th Floor, McLean,

STATUTORY 98. Title

BASIS FOR SEIZURE AND FORFEITURE States Code, Section 2323(a) (1) (A) and used, or copyright or or

18, United

(B) provide, intended

in relevant

part, that any property

to be used

to commit or facilitate
§

criminal 506(a»,

infringement constituting indirectly Section

(18 U.S.C. or derived

2319; 17 U.S.C.

§

from proceeds

obtained

directly

from the violation

of Title 18, United

States Code,

2319 and/or

Title 18, United States

Code, Section forfeiture to

2319(d) (1) are subject the United 99. provides States Title

to bot~ civil and criminal

government. States Code, Section 2323(a} (2) 46 of Title 18 forfeitures Code, Section to civil cause.

18, United

that the procedures
§

set forth in Chapter

(18 U.S.C.

981, et seq.) shall extend to civil 2323(a). Title 18, United States subject

under Section

981(b} (1) authorizes forfeiture

seizure of property supported 65

based upon a warrant

by probable

·

.

Title 18, united States Code, Section 981(b) (3) permits issuance of a seizure warrant by a judicial officer district in which a forfeiture

the

in any may be

action against the property

filed and may be executed is found. 100. Neither sufficient

in any district in which the property

a restraining

order nor an injunction

is

to guarantee

the availability

of the SUBJECT DOMAIN

NAMES fo~ forfeiture. redirecting

By seizing the SUBJECT DOMAIN NAMES and will prevent

them to another website, the Government from acquiring

third parties additional

the names and using them to commit seizure of the SUBJECT DOMAIN to access the

crimes.

Furthermore,

NAMES will prevent five websites

third parties from continuing

listed above. cause to believe

101. As set forth above, there is probable

that the SUBJECT DOMAIN NAMES are subject to both civil and criminal forfeiture because they were used in the commission and conspiracy of

criminal copyright copyright

infringement

to commit criminal

infringement.

II II II II II
66

VII. SEIZURE AND FORFEITURE PROCEDURE 102. As detailed seizure warrant, ".com" top-level in Attachment A, upon execution for the ".net" and Inc., headquartered 20166 at 21355 of the

the registry domains,

Verisign,

Ridgetop Circle, Lakeside ("Verisign"),

III, Dulles, Virginia

shall be directed to restrain

and lock the SUBJECT

DOMAIN NAMES pending

transfer of all right, title, and interest

in the SUBJECT DOMAIN NAMES to the United States upon completion of forfeiture proceedings, to ensure that changes to the SUBJECT

DOMAIN NAMES cannot be made absent court order or, if forfeited to the United States, without prior consultation 103. In addition, by ICE, Verisign with ICE.

upon seizure of the SUBJECT DOMAIN NAMES

will be directed to point the SUBJECT DOMAIN IP address, which will display the registrants, a web page

NAMES to a particular notifying users,

including

of the seizure of the

SUBJECT DOMAIN NAMES. 104. Registrars also maintain certain records relating to

the owner of each domai~ name for which it is the top-level registry, Records"). including Certain the SUBJECT DOMAIN NAMES (the "Domain Name to the public

of these records are available

through a "Whois" lookup through a web browser, means.

among other

At the time the SUBJECT DOMAIN NAMES are seized, the
67

relevant

registrars

will be directed to change the "Technical Contact" fields of the Domain Name information

Contact" and "Administrative

Records for the· SUBJECT DOMAIN NAMES to contact

relating to ICE to reflect the fact that the SUBJECT DOMAIN NAMES have been seized; and to change the name server fields of the Domain Name Recprds to effect the forgoing changes. so that they do not reflect All other any individual

fields will be changed or entity.

105. Upon completion Name Records

of forfeiture proceedings,

all Domain

for the SUBJECT DOMAIN NAMES will be changed to of ownership to the United States.

reflect the transfer

VIII. CONCLUSION

106. Based on the information there is probabie are property

contained

in this affidavit

cause to believe that the SUBJECT DOMAIN NAMES to be used to

that has been used, or are intended criminal copyright

commit or facilitate Accordingly,

infringement. to civil to

the SUBJECT DOMAIN NAMES are subject 18 U.S.C.
§

forfeiture under 18 U.S.C.
§

2323(a) and seizure pursuant

981(b).

II II II
68

Accordingly,

it is requested

that the seizure

warrants

be

.is sued for the following

SUBJECT DO"[Vl.AIN NAMES:

RAPGODFATHERS.COM, TORR?NT-FINDER.COM, RMX4U.COM, DAJAZ1.COM, and

ONStvlASH.COM.

Is!
Andrew T. Reynolds Special Agent Immigration and Customs Enforcement, Homeland Security Investigations

Subscribed and sworn to before me on this day of November

MARGA:~~~~l:-~-l

17th

2010.

THE HONORABLE FIARGARET .A. NAGLE UNITED STATES MAGISTRATE JUDGE

69

ATTACHMENT I. Seizure Procedure
A.

A

The seizure warrant will be presented in person or transmitted via facsimile or email to personnel of the domain name registry listed in section II ("Subject Registry") and the domain name registrars listed in Section III (\\Subject Registrars") who will be directed, for the domain names listed in Section IV ("Subject Domain Names") for which it serves as the top-level domain registry, to make any changes necessary to restrain and lock the domain names pending transfer of all rights, title, and interest in the Subject Domain Names to the United States upon completion of forfeiture proceedings. Upon seizure of the Subject Domain Names, the Subject Registry shall point the Subject Domain Names to IP address 74.81.170.110, at which the Government will display a web page with the following notice:
B.

This domain name has been seized by ICE - Homeland Security Investigations, pursuant to a seizure warrant issued by a United States District Court under the authority of 18 U.S.C. §§ 981 and 2323. willful copyrigh~ infringement is a federal crime that carries penalties for first time offenders of up to five years in federal prison, a $250,000 fine, forfeiture and restitution (17 U.S.C § 506, 18 U.S.C. § 2319). Intentionally and knowingly trafficking in counterfeit goods is a federal crime that carries penalties for first time offenders of up to ten years in federal prison, a $2,000,000 fine, forfeiture and restitution (18 U.S.C. § 2320). C. Upon seizure of the Subject Domain Names, the Subject Registry shall take all steps necessary to restrain and lock the domain at the registry level to ensure that changes to the Subject Domain Names cannot be made absent a court order or, if forfeited to the United States government, without prior consultation with United States Immigration and Customs Enforcement. The DNS record should be altered to remove any applicable name servers.

1

D. Upon seizure of the Subject Domain Names, the Subject Registrars shall modify any records, databases, tables, or documents that are used by the Subject Registrars to identify the owner of the Subject Domain Names to reflect the seizure of the Subject Domain Names. These changes relate to the following records, if they exist: 1. The "Technical Contact" and "Administrative fields will reflect the following information: a. Name: U.S. Immigration Enforcement and Customs

Contact"

b.

Address:

National Intellectual Rights 500 12th Street SW Washington, DC 20024 USA 1-866-IPR-2060

Property

c. d. e. f.

Country: Telephone: Email: Fax:

(477-2060)

IPRCenter@dhs.gov 202-307-2127 so they do

2. Any remaining fields will be changed not reflect any individual or entity.

E. The Subject Registry shall take any steps required to propagate the changes detailed in Section D to any applicable DNS servers.

II.

Subject Registry
Verisign, Inc. 21355 Ridgetop Circle Dulles, Virginia 20166

2

III. Subject

Registrars

Enom, Inc., 15801 NE 24th Street Bellevue, Washington

98008

Blue Razor Domains, Inc. 14455 North Hayden Road, Suite 226 Scottsdale, Arizona 85260 Godaddy.com, Inc. 14455 N. Hayden Road, Suite 219 Scottsdale, Arizona 85260 Fast Domain, Inc. 1958 South 950 East Provo, Utah 84606 IV. Subject Domain Names

RAPGODFATHERS.COM, TORRENT-FINDER. COM, RMX4U.COM, DAJAZ1.COM, and ONSMASH.COM

3

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