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IN THE CIRCUIT COURT OF THE 11" JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CASE NO. 11-42412CA30 PATRICK COLLINS, INC., a California corporation, K-BEECH, INC., a California corporation, COMPLAINT IN EQUITY FOR A PURE Plaintifis, BILL OF DISCOVERY ws. ORIGINAL FILED JOHN DOES 1-414, DEC 19 2011 Defendants. HARVEY RUVIN CLERK Plaintiffs, PATRICK COLLINS, INC., and K-BEECH, INC., hereby sue Defendants, John Does 1-414 (each a “Defendant” and collectively the “Defendants”), and allege: NATURE OF THE ACTION 1. Through this Complaint, Plaintiffs seck to identify cach of the Defendants so that Plaintiffs may file a copyright infringement action against each of them. PARTIES, JURISDICTION AND VENUE 2. Plaintiff, PATRICK COLLINS, INC., is a corporation organized and existing under the laws of the State of California and maintains its principal place of business at 8015 Deering Avenue, Canoga Park, CA 91304. 3. Plaintiff, K-BEECH, INC., is a corporation organized and existing under the laws ‘of California and maintains its principal place of business at 9601 Mason Ave, Unit B, Chatsworth, CA 91311. 4, Bach Defendant is known to Plaintiffs only by an IP address. 5. An IP address is a number that is assigned by an Intemet Service Provider (an “ISP”) to devices, such as computers, that are connected to the Internet. 6. The ISP to which each Defendant subscribes can correlate the Defendants IP address to the Defendant's true identity. 7. Pursuant to § 48.193(1)-(2), Fla, Stat., this Court has personal jurisdiction over each Defendant because each Defendant committed a substantial aspect of the tort of copyright infringement in Florida and the part of the tort of copyright infringement committed in Florida ‘was essential to the success of the tort. See Exhibits A-B (demonstrating that each Defendant was a member of a “swarm” of infringers, defined below, that connected to a computer located in Florida to upload and download information necessary to complete the tort of copyright infringement.) 8. Pursuant to Chapter 47, Florida Statutes, venue is proper in Miami-Dade County, Florida, because one or more of the Defendants reside in Miami-Dade County and/or because the cause of action accrued in this County. 9. This Court has subject matter jurisdiction over this matter because a pure bill of discovery falls within the exclusive original equity jurisdiction of the Circuit Court. See Art. V, § 20(cX3), Fla. Const.; § 26.012(2)(c), Fla. Stat, 10. All conditions precedent to the filing of this action have occurred, have been performed, or have otherwise been waived or excused. FACTUAL ALLE ION: 11. Plaintiffs are the owner of the copyright(s) for the motion picture(s) set forth next to that Plaintiff's name on Exhibits A-B, (each individually a “Work” and collectively the “Works”). 12. Each of the Doe Defendants infringed the Work set forth next to the Doe’s number on Exhibit A. 13. As set forth below, one or more of the Plaintiffs have actionable claims for direct, and contributory copyright inftingement against each of the Defendants based on each Defendant's use of the “BitTorrent” protocol to illegally download, reproduce, redistribute and perform one of Plaintiff's Works. A. The Unknown Defendants Used BitTorrent to Infringe Plaintiffs’ Copyrights 14, “BitTorrent” is one of the most common peer-to-peer file sharing protocols (ic., set of computer rules) used for distributing large amounts of data; indeed, it has been estimated that users using the BitTorrent protocol on the internet account for over a quarter of all intemet traffic, 15. The BitTorrent protocols popularity stems from its ability to distribute a large file without creating a heavy load on the source computer and network, In short, to reduce the load ‘on the source computer, rather than downloading a file from a single source computer (one computer direetly connected to another), the BitTorrent protocol allows users to join a "swarm" of host computers to download and upload from cach other simultaneously (one computer connected to numerous computers). B. Each Defendant Installed a BitTorrent Client onto his or her Computer 16. Each Defendant installed a BitTorrent Client onto his or her computer. 17, A BitLorrent “Client” is a software program that implements the BitTorent protocol. There are numerous such software programs including {Torrent and Vuze, both of which can be directly downloaded from the intemet. See and