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UNITEDSTATESDISTRICTCOURT

MIDDLE DISTRICT OF FLORIDA

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O~ANDODMSION

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INTERSCOPE RECORDS. a California CaseNo.: ~.00/ cv. \ '\t 0 f.L

generalpartnership; CAROLINE

RECORDS.INC

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a New York

corporation;CAPITOL RECORDS,

INC ..

a Delawarecorporation;

MAVERICK RECORDING

COMPANY. a Californiajoint venture;

WARNER BROS.RECORDS INC a

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Delawarecorporation; LONDON-SIRE

RECORDSINC

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a Delaware

corporation;UMG RECORDINGS.INC ..

a Delawarecorporation; SONY MUSIC

ENTERTAINMENT INC a Delaware

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corporation;MOTOWN RECORD

COMPANY. L.P., a California limited

partnership;ARIST A RECORDS,INC.,

a Delawarecorporation; FONOVISA,

INC ..

a California corporation;BMG

MUSIC, a New York generalpartnership;

ATLANTIC RECORDING

CORPORAnON, a Delaware

corporation;ELEKTRA

ENTERTAINMENT GROUPINC., a"

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Delawarecorporation; PRIORITY

RECORDSLLC. a California limited

liability company;and VIRGIN

RECORDSAMERICA, INC a

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California corporation.

 

Plaintiffs.

v.

DOES 1 - 25,

 

Defendants.

~J.AINTIFFSI COMPLAINT FOR COPYRI GHT INFRINGEMENT

(INJUNCTIVE RELIEF SOUGHT)

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JURISDICTION AND VENUE

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  • 1. This is a civil actionseeking damages and injunctive relief for copyright

infringementunder the copyrightlaws of the United States(17 U.S.C. § 101et seq.).

  • 2. This Court hasjurisdiction under 17 U.S.C. § 101et seq.;28 U.S.C. § 1331

(federalquestion); and 28 U.S.C. § 1338(a)(copyright).

  • 3. Venuein this District is properunder 28 U.S.C.§ 1391(b)and/or 28 V.S.C. §

1400(a).Although the true identity of eachDefendant is unknownto Plaintiffs at this time, on

informationand belief, eachDefendant may be foundin this District and/ora substantialpart of

the actsof infringementcomplained of hereinoccurred in this District. On informationand

belief, personaljurisdiction in this District is properbecause each Defendant, without consentor

permissionof the copyrightowner, disseminated over the Internetcopyrighted works owned

and/orcontrolled by the Plaintiffs. On informationand belief, suchillegal dissemination

occurredin everyjurisdiction in the United States,including this one. In addition,each

Defendantcontracted with an InternetService Provider found in this District to provide each

Defendantwith the accessto the Internetwhich facilitatedDefendants' infringing activities.

PARTIES

  • 4. Plaintiff InterscopeRecords is a Californiageneral partnership, with its principal

placeof businessin the Stateof California.

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  • 5. Plaintiff CarolineRecords, Inc. is a corporationduly organizedand existingunder

the laws of

the Stateof New York, with its principalplace of businessin New York.

  • 6. Plaintiff Capitol Records,Inc. is a corporationduly organizedand existing under

the laws of the Stateof Delaware,with its principalplace of businessin the Stateof New York.

  • 7. Plaintiff Maverick RecordingCompany is a joint venturebetween Maverick

Recordsand WarnerBros. RecordsInc., organizedand existing under the laws of the Stateof

California, with its principal placeof businessin the Stateof California.

  • 8. PlaintifTWamerBros. RecordsInc. is a corporationduly organizedand existing

underthe laws of the Stateof Delaware,with its principalplace of businessin the Stateof

California.

  • 9. Plaintiff London-SireRecords Inc. is a corporationduly organizedand existing

underthe laws of the Stateof Delaware,with its principalplace of businessin the Stateof New

York.

  • 10. PlaintiffUMG Recordings,Inc. is a corporationduly organizedand existing under

the laws of the Stateof Delaware,with its principalplace of businessin the Stateof California.

  • 11. Plaintiff SonyMusic EntertainmentInc. is a corporationduly organizedand

existing underthe laws of the Stateof Delaware,with its principal placeof businessin the State

of New York.

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  • 12. Plaintiff Motown Record Company, L.P. is a limited partnership duly organized

and existing under the laws of State of New York.

the State of California, with its principal place of business in the .'

  • 13. Plaintiff Arista

Records, Inc. is a corporation duly organized and existing under

the laws of the State of Delaware, with its principal place of business in the State of New York.

  • 14. PlaintiffFonovisa, Inc. is a corporation duly organized and existing under the

laws of the State of California, with its principal place of business in the State of California.

IS.

PlaintiffBMG

Music is

a generalpartnership duly organized and existing under

the laws of the State of New York, with its principal place of businessin the State of New York.

  • 16. Plaintiff Atlantic Recording Corporation is a corporation duly organized and

existing under the laws of the State of Delaware, with its principal place of businessin the State

of New York.

  • 17. Plaintiff Elektra Entertainment Group Inc. is a corporation duly organized and

existing under the laws of the State of Delaware, with its principal place of business in the State

of New York.

  • 18. PlaintiffPriority Records LLC is a limitedliability companywith its principal

place of business in the State of California.

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  • 19. Plaintiff Virgin RecordsAmerica, Inc. is a corporationduly organizedand

existingunder the laws of the Stateof California,with its principal placeof businessin the State

of New York.

  • 20. The true namesand capacities of the Defendantsare unknown to Plaintiffs at this

time. EachDefendant is known to Plaintiffs only by the InternetProtocol ("IP") addressassigned

to that Defendantby his or her ISP on the dateand time at which the infringing activity of each

Defendantwas observed.~

Exhibit A. Plaintiffs believethat informationobtained in

discoverywill lead to the identificationof

eachDefendant's tl1le name.

COUNT I

INFRINGEMENT OF COPYRIGHTS

  • 21. Plaintiffs incorporateherein by this referenceeach and every allegation contained

in eachparagraph above.

  • 22. Plaintiffs are,and at all relevanttimes have been, the copyrightowners or

licenseesof exclusiverights underUnited Statescopyright law with respectto certain

copyrightedsound recordings, including, but not limited to, all of the copyrightedsound

recordingson Exhibit A to this Complaint(collectively, these copyrighted sound recordings shall

be identified as the "CopyrightedRecordings"). Each of the CopyrightedRecordings is the

subjectof a valid Certificateof CopyrightRegistration issued by the Registerof Copyrightsto

eachPlaintiff as specifiedon eachpage of Exhibit A

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  • 23. Amongthe exclusive rights granted to eachPlaintiff under the Copyright Act are

the exclusiverights to reproducethe CopyrightedRecordings and to distributethe Copyrighted

Recordingsto the public.

  • 24. Plaintiffs areinfonned andbelieve that eachDefendant, without the pennissionor

consentof Plaintiffs, hasused, and continues to use,an online mediadistribution system to

download,distribute to the public, and/ormake available for distributionto others,certain of the

CopyrightedRecordings. Exhibit A identifieson a Defendant-by-Defendant basis (one

Defendantper page)a list of copyrightedrecordings that eachDefendant has, without the

pennissionor consentof Plaintiffs, downloaded,distributed to the public, and/ormade available

for distributionto others. In doing so, eachDefendant has violated Plaintiffs' exclusiverights of

reproductionand distribution. EachDefendant's actions constitute infringement of Plaintiffs'

copyrightsand/or exclusive rights undercopyright. (In additionto the soundrecordings listed for

eachDefendant on Exhibit A, Plaintiffs areinfonned and believe that eachDefendant has,

without the pennissionor consentof Plaintiffs, downloaded,distributed to the public, and/or

madeavailable for distributionto othersadditional sound recordings owned by or exclusively

licensedto the Plaintiffs or Plaintiffs' affiliate recordlabels.)

  • 25. Plaintiffs

areinfoIn1ed and believe that the foregoingacts of infringementhave

beenwillful, intentional,and in disregardof andwith indifferenceto the rights of Plaintiffs.

  • 26. As a result of eachDefendant's infringement of Plaintiffs' copyrightsand

exclusiverights undercopyright, Plaintiffs areentitled to statutorydamages pursuant to 17

V.S.C. § 504(c)against each Defendant for eachinfringement by the Defendantof each

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copyrighted recording.

Plaintiffs

further are entitled to their attorneys' fees and costs pursuant to

17 V.S.C.

§ 505.

  • 27. The conduct of each Defendant is causing and, unless enjoined and restrained by

this Court, will continue to cause Plaintiffs great and irreparable injury that cannot fully be

compensated or measured in money. Plaintiffs have no adequate remedy at law. Pursuant to 17

V.S.C. §§ 502 and 503, Plaintiffs are entitled to injunctive relief prohibiting each Defendant from

further infiinging

Plaintiffs'

copyrights,

and ordering that each Defendant destroy all copies of

copyrighted sound recordings made in violation of Plaintiffs' exclusive rights.

WHEREFORE,

Plaintiffs

pray for judgment

against each Defendant as follows:

  • 1. For an injunction

providing:

"Defendant shall be and fiereby is enjoined from directly

or indirectly

infringing Plaintiffs' rights under federal or state law in the

Copyrighted Recordings and any sound recording, whether now in

existence or later created, that is owned or controlled by Plaintiffs

(or

any parent, subsidiary,

or

affiliate

record

label

of

Plaintiffs)

("Plaintiffs'

Recordings"),

including

without

limitation

by using the

Internet or any online media distribution system to reproduce (i.e.,

download)

any of Plaintiffs'

Recordings, to distribute

(i.e., upload)

any of Plaintiffs' Recordings, or to make any of Plaintiffs'

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Recordings available for distribution

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to the public, except pursuant to

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a lawful license or with the expressauthority of Plaintiffs. Defendant

also shall destroy all copies of Plaintiffs' Recordings that Defendant

has downloaded onto any computer hard drive or server without

Plaintiffs' authorization and shall destroy all copies of those

downloaded recordings transferred onto any physical medium or

device in Defendant's possession,custody, or control."

  • 2. For statutory damagesfor each infringement of each Copyrighted

Recording pursuant to 17 V.S.C. § 504.

  • 3. Plaintiffs' costs in this action.

For

  • 4. Plaintiffs' reasonableattorneys' fees incurred herein.

For

  • 5. such other and further relief as the Court may

For

deemjust and proper.

DATED:

~'112.oD~

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Karen L. tgtetson

Florida Bar No. 742937

Trial Counsel

Broad and Cassel

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05"'2

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'57"J1

  • 201 South Biscayne Blvd., Suite 3000

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Telephone:

Miami,

Florida

(305) 33131

373-9400

Facsimile: (305) 373-9443

ATTORNEYS

FOR

PLAINTIFFS

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