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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY
MODERN WOMAN, LLC, Plaintiff, Civil Action No.: Vs. DOES 1-X, unknown individuals of infringing swarm [db7cf8dbbcf4b2fc518 34dccbbd33cb8aeb8b331] identified by Internet Protocol address, Defendants. COMPLAINT, JURY DEMAND and L. CIV. R. 11.2 CERTIFICATION
COMPLAINT FOR COPYRIGHT INFRINGEMENT Plaintiff, Modern Woman LLC, by and through its undersigned counsel, hereby files this Complaint requesting damages and injunctive relief, and alleges as follows: SUMMARY OF ACTION 1. This is a civil action seeking damages and injunctive relief for copyright infringement under the copyright laws of the United States. 17 U.S.C. §101 et seq. The unknown Defendants knowingly and illegally reproduced and distributed Modern Woman LLC’s copyrighted motion picture by acting in concert with each other via the Internet using a file sharing torrent protocol. This practice, recognized as both a civil wrong and criminal conduct, destroys the value of copyrighted works and severely erodes sales revenue rightfully due to copyright holders. A Defendant’s distribution of even one unlawful copy of a copyrighted motion picture via a file sharing torrent protocol can result in the nearly instantaneous worldwide distribution of that single copy to a limitless number of people. As a result, illegal distributing and downloading has reached epic proportions and Modern Woman LLC now seeks redress in the form of a permanent
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injunction, statutory or actual damages, award of costs and attorneys’ fees, and other relief to curb this illegal activity. JURISDICTION AND VENUE 2. This Court has jurisdiction over the copyright claims under 17 U.S.C. §101 et seq. and 28 U.S.C. §1331, which states that the district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treatises of the United States; and 28 U.S.C. 1338 (a) (copyright). 3. Jurisdiction in this District is proper because each Defendant, without consent or permission of the copyright owner, illegally disseminated the motion picture The Woman on a bit torrent available via the Internet to any member of the torrent in any jurisdiction in the United States, including New Jersey, and engaged in concerted action to infringe the exclusive right of the copyright holder to distribute The Woman. Multiple bit torrent files containing portions of The Woman have been offered for copying and in fact have been copied within this State, violating the exclusive right of distributorship of the copyright holder within this State. 4. Venue in this jurisdiction is proper. See 28 U.S.C. §§1391 (b), 1400 (a). Although the true identify of each Defendant is unknown to Modern Woman LLC at this time, upon information and belief, each Defendant may be found in this District and/or committed acts of infringement by violating the copyright holder’s exclusive rights through unauthorized copying or distribution within this district. PARTIES 5. Plaintiff, Modern Woman LLC, is a New York Limited Liability Company with its principal place of business located at 2211 Broadway, No.: 7A, New York, NY 10024. Modern Woman LLC is a movie production company.
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6. The true names and capacities of Defendants are unknown to Modern Woman LLC at this time. Each Defendant is known to Modern Woman LLC only by the Internet Protocol (“IP”) address assigned to that Defendant by his or her ISP on the date and time of that Defendant’s infringing activity. A true and accurate copy of information related to these infringing acts is attached hereto as Exhibit A. Modern Woman LLC believes that information obtained in discovery will lead to the identification of each Defendant’s true name and permit Plaintiff to amend this Complaint to state the same. 7. Although Modern Woman LLC does not know the true names of Defendants, joinder is warranted and appropriate in the instant case. Each Defendant committed copyright infringement by downloading and distributing the copyrighted motion picture file and was involved in the same concerted infringement or “swarm” and did so through the ISP’s listed in Exhibit A. Accordingly, Modern Woman LLC’s right to relief arises out of the same series of transactions or occurrences, and questions of law and fact exist that are common to all Defendants. THE ILLEGAL COPYING 8. The copyrighted motion picture The Woman was transferred in violation of the exclusive rights of Modern Woman LLC’s proprietary rights in the film. The torrent permits Internet users, regardless of limited uploading and downloading capabilities on their computers, to participate in transferring large amounts of data across the P2P (peer to peer) network. 9. In a torrent, the initial file provider intentionally chooses to share a file with the torrent and this initial file is called a “seed.” Other users on the P2P network, known as “peers”, connect to the seed file in order to download the work to their own computers.
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10. In traditional P2P networks, a user needed to download the entire file from only one other user and that user had to make the entire file available for downloading. The torrent technology, however, encourages and allows each downloading user to receive pieces of a file from multiple users that together comprise the whole, while at the same time provides that the downloading user simultaneously becomes an uploader as well. 11. This piecemeal downloading system is referred to as a “swarm,” which leads to viral spreading of the file by a continuous series of downloads and uploads, or distributions, between members of the swarm. Every user who downloads the file also disseminates the file to others. Each user is simultaneously both a copier and a distributor within the torrent swarm. 12. Thus, each of the infringers was involved in both unauthorized copying and the unauthorized intentional distribution of The Woman, simultaneously downloading and making available illegal copies of Modern Woman LLC’s motion picture from many ISP’s in numerous jurisdictions around the country. COUNT 1 [COPYRIGHT INFRINGEMENT] 13. Modern Woman LLC incorporates each and every allegation contained in paragraphs 1 – 12 in their entirety as if set forth at length herein. 14. Modern Woman LLC was responsible for the creation, development, and production of the commercially released motion picture titled The Woman which was produced and created at considerable expense. The Woman has received several awards and has been featured at film festivals worldwide; it has significant commercial value. 15. At all relevant times, Modern Woman LLC has been the holder of the pertinent rights in and to The Woman, a copyrighted motion picture. The Woman is the subject of a valid
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Certificate of Registration (No.: Pau3610613) issued by the Register of Copyrights. A true and accurate copy of the Certificate of Registration is attached hereto as Exhibit B. 16. Upon information and belief, each Defendant, without the permission or consent of Modern Woman LLC, has continuously used, and continues to use, an online medial distribution system to download and/or distribute to the public the motion picture The Woman. Exhibit A indentifies on a Defendant-by-Defendant basis the IP address with the date and time of capture of the motion picture The Woman, without the permission or consent of Modern Woman LLC, downloaded and/or distributed to the public. Through his or her continuous and ongoing acts of downloading and/or distributing to the public of the motion picture The Woman, each Defendant has violated Modern Woman LLC’s rights of reproduction and distribution. Each Defendant’s actions constitute infringement of Modern Woman LLC’s exclusive rights protected under the Copyright Act of 1976 (17 U.S.C. Section 101 et seq.). 17. Upon information and belief, the foregoing acts of infringement have been willful, intentional, and in disregard of and with indifference to the rights of Modern Woman LLC. 18. As a result of Defendants’ infringement of Modern Woman LLC’s exclusive rights, Modern Woman LLC is entitled to statutory damages pursuant to 17 U.S.C. § 504(c) against Defendants as all infringing activity occurred after the registration date of Modern Woman LLC’s copyright in the motion picture The Woman. Modern Woman LLC is further entitled to its attorneys’ fees and costs pursuant to 17 U.S.C. § 505. 19. As a result of Defendants’ infringement of Modern Woman’s LLC exclusive rights, Modern Woman LLC is entitled to actual damages and profits pursuant to 17 U.S.C. §504(b) against Defendants for each infringement by that Defendant of the motion picture The Woman.
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Modern Woman LLC is further entitled to its attorneys’ fees and costs pursuant to 17 U.S.C. § 505. 20. The conduct of each Defendant is causing and, unless enjoined and restrained by this Court, will continue to cause Modern Woman LLC irreparable injury for which injunctive relief is afforded under 17 U.S.C. §§ 502 and 503. Accordingly, Modern Woman LLC is entitled to injunctive relief prohibiting each Defendant from further infringing Modern Woman LLC’s copyrights, and ordering that Defendant destroy all copies of the motion picture The Woman obtained in violation of Modern Woman LLC’s exclusive rights. COUNT II [SECONDARY AND/OR VICARIOUS COPYRIGHT LIABILITY] 21. Modern Woman LLC incorporates each and every allegation contained in paragraphs 1-20 as if set forth at length herein. 22. The owners of the Internet accounts referred to in Exhibit A had the ability to control the conduct of the users accessing the Internet through that account and willfully or recklessly disregarded the copyright infringement that was occurring through the use of the Internet service account. If not directly liable for personally copying Modern Woman LLC, such owners of the accounts induced, caused or materially contributed to the infringing conduct of other users in the form of the copying and distribution that occurred through the torrents. 23. To the extent Defendants did not directly participate in the Bit Torrent, they were aware of the infringements taking place by other users, as well as aware of their own involvement in the infringement process, and materially contributed to copyright infringement committed by other users. 24. The infringement by other bit torrent protocol users could not have occurred but for the Defendants’ knowing participation in the uploading and downloading of the motion picture. 6
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25. As such, each Defendant contributed to the individual acts of infringement of the motion picture, and is liable for the infringing acts of the persons who used the account to commit acts of infringement. PRAYER FOR RELIEF WHEREFORE, Modern Woman LLC respectfully requests Judgment and relief against each Defendant as follows: 1. For Judgment against each Defendant that he/she has: a) willfully infringed Modern Woman LLC’s rights in the copyrighted motion picture The Woman pursuant to 17 U.S.C. § 501; and b) otherwise injured the business reputation and business of Modern Woman LLC by the conduct set forth in this Complaint. 2. For entry of permanent injunctions providing that each Defendant shall be enjoined from directly or indirectly infringing Modern Woman LLC’s copyrighted motion picture The Woman. Each Defendant also shall destroy all copies of The Woman that Defendant has downloaded onto any computer, hard drive or server without authorization and shall destroy all copies transferred onto any physical medium in each Defendant’s possession, custody or control. 3. For actual damages or statutory damages for each infringement of the motion picture The Woman pursuant to 17 U.S.C. §504, at the election of Plaintiff. 4. For Modern Woman LLC’s costs in this action. 5. For Modern Woman LLC’s reasonable attorneys’ fees. 6. For such other and further relief as the Court may deem just and proper.
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Respectfully submitted, MODERN WOMAN LLC Dated: 8/2/2012 By:__/s/ Ryan R. Janis______ Ryan R. Janis, Esq. JEKIELEK & JANIS, LLP 203 East Pennsylvania Boulevard Feasterville, PA 19053 Telephone: (215) 396-2727 Fax: (267) 386-2167 E-mail: firstname.lastname@example.org
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JURY DEMAND Modern Woman LLC demands a jury trial pursuant to Rule 38(b) of the Federal Rules of Civil Procedure for all issues so triable. MODERN WOMAN LLC Dated: 8/2/2012 By:__/s/ Ryan R. Janis______ Ryan R. Janis, Esq. JEKIELEK & JANIS, LLP 203 East Pennsylvania Boulevard Feasterville, PA 19053 Telephone: (215) 396-2727 Fax: (267) 386-2167 E-mail: email@example.com
CERTIFICATION PURSUANT TO L. CIV. R. 11.2 Pursuant to Local Civil Rule 11.2, I hereby certify that to the best of my knowledge, the matter in controversy is not the subject of any other action pending in any court, or of any pending arbitration or administrative proceeding. MODERN WOMAN LLC Dated: 8/2/2012 By:__/s/ Ryan R. Janis______ Ryan R. Janis, Esq. JEKIELEK & JANIS, LLP 203 East Pennsylvania Boulevard Feasterville, PA 19053 Telephone: (215) 396-2727 Fax: (267) 386-2167 E-mail: firstname.lastname@example.org
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