1 LOEB & LOEB LLP KAREN R. THORLAND (State Bar No. 172092) 2 W. ALLAN EDMISTON (State Bar No.

228246) 10100 Santa Monica Boulevard, Suite 2200 3 Los Angeles, California 90067-4164 Telephone: 310.282.2000 Facsimile: 310.282.2200 kthorland@loeb.com 4 E-Mail: E-Mail: aedmiston@loeb.com 5 JENNER & BLOCK LLP 6 KATHERINE A. FALLOW DUANE C. POZZA (State Bar No. 225933) 7 601 Thirteenth Street, N.W. Suite 1200 South 8 Washington, D.C. 20005 Telephone: 202.639.6000 Facsimile: 202.639.6066 9 E-Mail: kfallow@jenner.com E-Mail: dpozza@jenner.com 10 Attorneys for Plaintiffs 11 UNITED STATES DISTRICT COURT 12 CENTRAL DISTRICT OF CALIFORNIA 13 ) Case No. COLUMBIA PICTURES ) 14 INDUSTRIES, INC., DISNEY ) COMPLAINT FOR COPYRIGHT 15 ENTERPRISES, INC., PARAMOUNT ) INFRINGEMENT ) PICTURES CORPORATION, ) 16 TRISTAR PICTURES, INC., ) 17 TWENTIETH CENTURY FOX FILM ) CORPORATION, UNIVERSAL CITY ) 18 STUDIOS LLLP, UNIVERSAL CITY ) ) 19 STUDIOS PRODUCTIONS LLLP, and ) WARNER BROS. ENTERTAINMENT ) ) 20 INC., Delaware corporations, ) ) 21 ) Plaintiffs, ) 22 ) vs. ) 23 ) JUSTIN BUNNELL, FORREST 24 PARKER, WES PARKER, individuals, ) ) ) 25 VALENCE MEDIA, LLC, a ) corporation, and DOES 1-10, ) 26 ) Defendants. ) 27 28
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Plaintiffs Columbia Pictures Industries, Inc. (“Columbia”), Disney

2 Enterprises, Inc. (“Disney”), Paramount Pictures Corporation (“Paramount”), 3 TriStar Pictures, Inc. (“TriStar”), Twentieth Century Fox Film Corporation (“Fox”), 4 Universal City Studios LLLP (“Universal”), Universal City Studios Productions 5 LLLP (“Universal Productions”), and Warner Bros. Entertainment Inc. (“Warner 6 Bros.”) hereby allege as follows: 7 8 1. Jurisdiction And Venue This is a civil action seeking damages and injunctive relief for

9 copyright infringement under the copyright laws of the United States, and therefore 10 the Court has jurisdiction under 17 U.S.C. § 101 et seq.; 28 U.S.C. § 1331 (federal 11 question jurisdiction); and 28 U.S.C. § 1338(a) (jurisdiction over copyright actions). 12 2. Personal jurisdiction over the Defendants is proper. On information 13 and belief, each of the Defendants resides, may be found, has a principal place of 14 business, and/or does business in California. Further, on information and belief, 15 each Defendant conducts business with other Defendants and/or unnamed entities in 16 order to operate their website as part of a business venture that is centered in 17 California. Additionally, Defendants have chosen to direct their infringing activities 18 towards California in particular. Defendants enable users, including California 19 residents, to access torrent files on their website, and the users’ computers interact 20 with the website to download infringing copies of Plaintiffs’ works. In fact, the 21 voluminous acts of direct infringement for which Defendants are liable require a 22 high level of interaction between users’ computers and Defendants’ website. On 23 information and belief, many of these acts of direct infringement for which 24 Defendants are liable occur in California, where California residents access 25 Defendants’ website in order to download infringing copies of Plaintiffs’ works. In 26 these and other ways, Defendants have had continuous contact with the State of 27 California and its residents. 28
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Venue in this District is proper under 28 U.S.C. § 1391(b) and/or 28

2 U.S.C. § 1400(a). On information and belief, each Defendant may be found in this 3 District, and/or a substantial part of the acts of infringement complained of herein 4 occurs or has occurred in this District. 5 6 4. Nature Of The Case This is a case of willful and rampant infringement of copyright over the

7 Internet. Defendants knowingly enable, encourage, induce and profit from massive 8 online piracy – piracy Defendants could stop, but refuse to. 9 5. Defendants operate a website as part of an online computer network 10 known as “BitTorrent.” Defendants do so to enable their users to locate and 11 download infringing copies of Plaintiffs’ valuable copyrighted motion pictures and 12 television shows for free and without authorization. Defendants operate their 13 website with the express object of promoting its use to infringe Plaintiffs’ 14 copyrights. 15 6. Defendants’ users simultaneously distribute infringing copies of those 16 same works to countless others around the world. As a direct result of Defendants’ 17 conduct, thousands of the most popular motion pictures and television shows – from 18 new releases that are still in theaters to blockbuster DVD releases to today’s most 19 popular television shows – are infringed every day. Absent Defendants’ active and 20 ongoing participation in the daily acts of infringement, this widespread unauthorized 21 copying and distribution of Plaintiffs’ valuable property simply could not happen on 22 the scale that it does. The harm to Plaintiffs, who invest millions of dollars and 23 enormous creative energies to produce their creative copyrighted works, is manifest 24 and irreparable. 25 26 7. Copyright Infringement and the BitTorrent Network BitTorrent is a peer-to-peer network optimized for the copying and

27 distribution of large files. On a “peer-to-peer” network, the actual exchange of the 28
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1 files – i.e., the actual downloading and uploading – takes place directly between 2 users (or “peers”) of the network. Whether BitTorrent is used for legitimate 3 purposes or copyright infringement is determined by those who operate its websites 4 and its servers. In this case, the Defendants operate a BitTorrent website with the 5 object of enabling and fostering the illegal reproduction and distribution of copies of 6 Plaintiffs’ movies and television programs protected by copyright. 7 8. Defendants set up, maintain, and operate a website that, by design, 8 fosters widescale copyright infringement by users on the BitTorrent network. 9 Simply put, the Defendants’ website exists to entice and facilitate copyright 10 infringement, and materially contribute to such infringement – enabling Internet 11 users to quickly copy and transfer files, almost all of them infringing, many of them 12 Plaintiffs’ copyrighted movies and television programs. Defendants do so to profit 13 unlawfully from the distribution of Plaintiffs’ copyrighted movies and television 14 programs. 15 9. Downloading files using the BitTorrent network is straightforward. 16 Users access the defendants’ website that lists files – in this case movies and 17 television programs – that are available for download. By clicking on the file name, 18 an illegal copy of the movie or television program is automatically copied to a user’s 19 computer. That newly copied movie or television program is a perfect digital copy 20 – ready to be viewed, burned to a portable media like a DVD, and/or copied by and 21 distributed to another user. 22 10. The BitTorrent network is made up of three principal components: (a) a 23 BitTorrent “client” application, (b) indexing websites known as “torrent sites” and 24 (c) computer servers known as BitTorrent “trackers.” Each is necessary for the 25 operation of the network. 26 11. The BitTorrent network works as follows: users download a small 27 program that they install on their computers – the BitTorrent “client” application. 28
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1 The BitTorrent client is the users’ interface during the downloading process. There 2 are many different versions of BitTorrent clients, all of which are readily available 3 on the Internet for free. BitTorrent client applications do not have the ability to 4 search for files. To find files available for download, users must visit torrent sites 5 using any standard Internet browser. 6 12. A torrent site is a website that contains an index of files available on 7 the network (generally an extensive listing of movies and television programs, 8 among other copyrighted content). The torrent site hosts and distributes small files 9 known as “torrents.” Although torrents do not contain actual copies of the movie or 10 television program, they automatically and invisibly instruct a user’s computer 11 where to go and how to get the desired file. Torrents interact with specific trackers, 12 allowing the user to download the desired file. 13 13. A BitTorrent tracker manages the distribution of files, connecting 14 uploaders (those who are distributing a movie) with downloaders (those who are 15 copying a movie). A tracker functions in many respects like a “traffic cop,” 16 directing a BitTorrent user’s computer where to find users who have a particular 17 file, and then providing the user’s computer with access to those other users to 18 facilitate the download process. When a BitTorrent user seeks to download a movie 19 or television file, he or she merely clicks on a torrent file on a torrent site, and the 20 torrent file instructs the client software how to connect to a tracker that will identify 21 where the file is available in cyberspace. 22 14. Torrent sites play an integral role in the process of using BitTorrent to 23 download files. Without them, users could not identify, locate or download 24 infringing files. Indeed, the content available on the BitTorrent network is defined 25 entirely by what files the operators of torrent sites – such as Defendants – choose to 26 allow to be indexed and distributed. Defendants’ sites enable, cause, materially 27 28
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1 contribute to, foster and induct widespread copyright infringement of Plaintiffs’ 2 works. 3 4 5 The Plaintiffs 15. Plaintiffs Columbia, Disney, Paramount, TriStar, Fox, Universal, The Parties

6 Universal Productions, and Warner Bros. are among the leading motion picture 7 studios in the world. Plaintiffs are responsible for creating and distributing some of 8 the world’s most popular filmed entertainment. 9 16. Each of these Plaintiffs, including their affiliates and/or subsidiaries, 10 owns the copyrights and/or exclusive reproduction and distribution rights to many 11 popular motion pictures and television programs, including those listed on Exhibit 12 A. 13 15 17 19 21 23 25 17. 18. 19. 20. 21. 22. 23. Plaintiff Columbia is a Delaware corporation, with its principal place of Plaintiff Disney is a Delaware corporation, with its principal place of Plaintiff Paramount is a Delaware corporation, with its principal place Plaintiff Fox is a Delaware corporation, with its principal place of Plaintiff TriStar is a Delaware corporation, with its principal place of Plaintiffs Universal and Universal Productions are Delaware limited Plaintiff Warner Bros. is a Delaware corporation, with its principal 14 business in California. 16 business in California. 18 of business in California. 20 business in California. 22 business in California. 24 liability limited partnerships, each with its principal place of business in California. 26 place of business in California. 27 28
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The Defendants 24. On information and belief, Defendants Justin Bunnell, Forrest Parker

3 and Wes Parker reside in California, and the principal place of business of Valence 4 Media, LLC is California. Defendants Does 1-10 are currently unknown to 5 Plaintiffs. 6 25. Defendants Justin Bunnell, Forrest Parker, Wes Parker, Valence Media, 7 LLC, and Does 1-10 operate a website, www.torrentspy.com, at the Internet 8 Protocol (“IP”) address 83.149.103.166, by virtue of which Plaintiffs’ copyrighted 9 works are unlawfully copied and distributed. On information and belief, all of the 10 Defendants participate in and profit from the activities alleged herein. 11 12 26. Defendants’ Infringing Conduct Defendants operate one of the largest and most active torrent sites on

13 the Internet. In doing so, Defendants provide a material – indeed, an essential – 14 contribution to the infringement of Plaintiffs’ copyrighted movies and television 15 programs. Furthermore, Defendants operate this website with the object of enticing 16 others to infringe Plaintiffs’ copyrights. The specific functions performed by torrent 17 files are largely invisible to users. From a user’s perspective, once the user clicks on 18 the torrent file, the desired movie or television program begins to download (i.e., be 19 reproduced) onto the user’s computer – automatically and without any further action 20 by the user. 21 27. The blatant infringements made possible by using Defendants’ torrent 22 site are obvious – and are well-known to and encouraged by Defendants. 23 Defendants’ website has at times claimed to provide over 25,000 torrent files for 24 movies, and over 20,000 for television shows. Anyone who visits Defendants’ 25 torrent site, including Defendants themselves, can immediately observe the catalog 26 of infringing files being indexed. Popular movies and television shows such as 27 28
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1 “Men In Black II,” “Batman Begins,” and “The Italian Job” are clearly offered for 2 download. 3 28. Further, Defendants tout the infringing nature of the torrent files to 4 their users. Defendants index torrent files of television programs by the titles of 5 individual copyrighted television series, such “Alias” and “The Simpsons.” In 6 addition to indexing television shows by the title of the series, Defendants have 7 provided forums called “Movie Theater” and “TeeVee” that contain discussions 8 regarding the posting and downloading of infringing movies and television shows. 9 One category of movie torrents is called “New - CAM,” which refers to in-theater 10 movies recorded by camcorder, a category that, by definition, contains illegal 11 content. And in an effort to appeal to infringing users, Defendants favorably 12 compare their website to other peer-to-peer services widely used for infringing 13 activities, such as Kazaa and WinMX. In these and many other ways, Defendants 14 know that their torrent site is causing and/or materially contributing to infringing 15 conduct, and Defendants themselves are inducing such conduct. 16 29. Defendants exercise control over the infringing activity on their torrent 17 site. Defendants decide exactly what torrents are indexed on their site. In fact, 18 Defendants have a stated policy forbidding the uploading of torrents for pirated 19 software (or “warez”) but they have no such policy for movies and television 20 programs. The fact is that Defendants easily could prevent infringement of 21 Plaintiffs’ copyrighted works by not indexing torrent files corresponding to 22 Plaintiffs’ copyrighted works. Defendants also have the ability to decide which 23 users can access their torrent site, including the right and ability to exclude or ban 24 specific users, such as by not allowing users with particular login names to upload 25 or download torrent files. 26 30. Defendants profit from the infringement they encourage and make 27 possible via their website. In particular, Defendants sell advertising that they 28
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1 display on their website. For Defendants, the value of their site and the financial 2 benefits they receive are directly dependent upon the number of users attracted to 3 their site – the more users, the greater the financial benefit. Plaintiffs’ popular 4 movies and television shows are the draw that attracts users to their site. Not only 5 do Defendants profit from the widespread infringement that they facilitate, but that 6 is the essential business model on which their venture is premised. 7 31. As demonstrated in paragraphs 26-30 above, Defendants clearly seek to 8 induce copyright infringement of Plaintiffs’ works, and operate their website with 9 the object of promoting its use to infringe copyright. The evidence of inducement is 10 flagrant and voluminous and includes, but is not limited to, the overwhelming 11 infringing content available on Defendants’ torrent site and the indexing of torrent 12 files according to the specific titles of copyrighted television programs. Ultimately, 13 even a single look at Defendants’ website reveals that Defendants’ website exists for 14 the purpose of trafficking in infringing content. 15 16 17 19 32. 33. Claim For Relief (For Copyright Infringement Pursuant to 17 U.S.C. § 501 et seq.) Plaintiffs repeat and reallege every allegation contained in paragraphs 1 Motion pictures and television programs owned by Plaintiffs have been

18 through 31 as if fully set forth herein. 20 and continue to be illegally reproduced and distributed, without authorization, using 21 Defendants’ torrent site. Plaintiffs own the copyrights, or the exclusive 22 reproduction and distribution rights, in the copyrighted works listed on Exhibit A, 23 all of which have been infringed with Defendants’ website. 24 34. Defendants are liable under the Copyright Act for inducing the 25 infringing acts of the users of their torrent site. Defendants operate and maintain 26 their torrent site with the object of promoting its use to infringe Plaintiffs’ 27 copyrighted motion pictures and television programs. Defendants’ inducement of 28
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1 copyright infringement is apparent from, among other things, the overwhelming 2 infringing content available on Defendants’ torrent site and the indexing of torrent 3 files according to the specific titles of copyrighted television programs. Through 4 their creation, maintenance, and operation of their torrent site, Defendants 5 knowingly induce the unauthorized reproduction and distribution of copyrighted 6 motion pictures and television programs, including those listed on Exhibit A hereto, 7 in violation of Plaintiffs’ exclusive rights under the copyright laws of the United 8 States. 17 U.S.C. § 106. 9 35. Defendants are liable as contributory copyright infringers for the 10 infringing acts of users of their torrent site. Defendants have actual and constructive 11 knowledge of the infringing activity that occurs on their torrent site. Indeed, 12 Defendants’ website is used predominantly and overwhelmingly to infringe 13 Plaintiffs’ copyrights. Through their creation, maintenance, and operation of their 14 torrent site, Defendants knowingly cause and/or otherwise materially contribute to 15 the unauthorized reproduction and distribution of copyrighted motion pictures and 16 television programs, including those listed on Exhibit A hereto, in violation of 17 Plaintiffs’ exclusive rights under the copyright laws of the United States. 17 U.S.C. 18 § 106. 19 36. Defendants are vicariously liable for the infringing acts of users of their 20 torrent site. Defendants have the right and ability to supervise and control the 21 infringing activities that occur through the use of their torrent site, and at all relevant 22 times have derived a direct financial benefit from the infringement of Plaintiffs’ 23 copyrights. Defendants receive a direct financial benefit attributable to the 24 infringement by users of their torrent site. Defendants are therefore vicariously 25 liable for the unauthorized reproduction and distribution of copyrighted motion 26 pictures and television programs, including those listed on Exhibit A hereto, in 27 28
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1 violation of Plaintiffs’ exclusive rights under the copyright laws of the United 2 States. 17 U.S.C. § 106. 3 5 37. 38. The foregoing acts of infringement by Defendants have been willful, As a direct and proximate result of Defendants’ infringement of 4 intentional, and purposeful, in disregard of and indifferent to Plaintiffs’ rights. 6 Plaintiffs’ copyrights and exclusive rights under copyright, Plaintiffs are entitled to 7 damages as well as Defendants’ profits pursuant to 17 U.S.C. § 504(b). 8 39. Alternatively, Plaintiffs are entitled to the maximum statutory damages, 9 in the amount of $150,000 per infringement, pursuant to 17 U.S.C. § 504(c), or for 10 such other amount as may be proper pursuant to 17 U.S.C. § 504(c). 11 13 40. 41. Plaintiffs further are entitled to their attorneys’ fees and full costs Defendants’ conduct is causing, and unless enjoined and restrained by 12 pursuant to 17 U.S.C. § 505. 14 this Court will continue to cause, Plaintiffs great and irreparable injury that cannot 15 fully be compensated for or measured in money. Plaintiffs have no adequate 16 remedy at law. Pursuant to 17 U.S.C. § 502, Plaintiffs are entitled to preliminary 17 and permanent injunctions prohibiting further infringements of their copyrights and 18 exclusive rights under copyright. 19 20 21 WHEREFORE, Plaintiffs pray for judgment against Defendants as follows: A. For a preliminary and permanent injunction enjoining Defendants and

22 their respective agents, servants, employees, officers, attorneys, successors, 23 licensees, partners, and assigns, and all persons acting in concert with each or any of 24 them, from: 25 26 27 28
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(i) aiding, encouraging, enabling, inducing, causing, materially contributing to, or otherwise facilitating the unauthorized reproduction, downloading, uploading, and/or distribution of copies of Plaintiffs’

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copyrighted works, whether using Defendants’ torrent site or by any other means; and (ii) downloading, uploading, and/or otherwise reproducing or distributing Plaintiffs’ copyrighted works, whether using the BitTorrent network or by any other means. B. For all damages to which Plaintiffs may be entitled, including Defendants’

7 profits, in such amounts as may be found. Alternatively, at Plaintiffs’ election, for 8 statutory damages in the maximum amount allowed by law. 9 10 12 13 14 Dated: February 23, 2006 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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C. For prejudgment interest according to law. D. For Plaintiffs’ attorneys’ fees, and full costs and disbursements in this E. For such other and further relief as the Court may deem proper and just. LOEB & LOEB LLP KAREN R. THORLAND W. ALLAN EDMISTON JENNER & BLOCK LLP KATHERINE A. FALLOW DUANE C. POZZA By: KAREN R. THORLAND Attorneys for Plaintiffs

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