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Case 1:10-cv-00873-BAH Document 1 Filed 05/24/10 Page 1 of 6

UNITED STATES DISTRICT COURT FOR THE


DISTRICT OF COLUMBIA
VOLTAGE PICTURES, LLC )
6360 Deep Dell Place )
Los Angeles, CA 90068 )
)
Plaintiff, )
)
v. ) CA.
)
DOES 1 - 5,000 )
)
Defendants. )
)
COMPLAINT FOR COPYRIGHT INFRINGEMENT
Plaintiff, by its attorneys, for its complaint against Defendants, allege:
JURISDICTION AND VENUE
1. This is a civil action seeking damages and injunctive relief for copyright infringement
under the copyright laws of the United States (17 US.C. 101 et seq.).
2. This Court has jurisdiction under 17 US.C. 101 et seq.; 28 US.C. 1331 (federal
question); and 28 US.C. 1338(a) (copyright).
3. The manner of the transfer of Plaintiffs motion picture, "The Hurt Locker," among the
P2P network users is called a "BitTorrent protocol" or "torrent," which is different than the
standard P2P protocol used for such networks as Kazaa and Limewire. The BitTorrent protocol
makes even small computers with low bandwidth capable of participating in large data transfers
across a P2P network. The initial file-provider intentionally elects to share a file with a torrent
network. This initial file is called a seed. Other users ("peers") on the network connect to the
seed file to download. As yet additional peers request the same file each additional user
becomes a part of the network from where the file can be downloaded. However, unlike a
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traditional peer-to-peer network, each new file downloader is receiving a different piece of the
data from each user who has already downloaded the file that together comprises the whole.
This piecemeal system with multiple pieces of data coming from peer members is usually
referred to as a "swarm." The effect of this technology makes every downloader also an
uploader of the illegally transferred file(s). This means that every "node" or peer user who has a
copy of the infringing copyrighted material on a torrent network must necessarily also be a
source of download for that infringing file.
4. This distributed nature of BitTorrent leads to a rapid viral spreading of a file throughout
peer users. As more peers join the swarm, the likelihood of a successful download increases.
Because of the nature of a BitTorrent protocol, any seed peer that has downloaded a file prior to
the time a subsequent peer downloads the same file is automatically a source for the subsequent
peer so long as that first seed peer is online at the time the subsequent peer downloads a file.
Essentially, because of the nature of the swarm downloads as described above, every infringer is
simultaneously stealing copyrighted material from many ISPs in numerous jurisdictions around
the country.
5. Venue in this District is proper under 28 US.c. 1391(b) and/or 28 US.C. 1400(a).
Although the true identity of each Defendant is unknown to the Plaintiff at this time, on
information and belief, each Defendant may be found in this District and/or a substantial part of
the acts of infringement complained of herein occurred in this District. On information and
belief, personal jurisdiction in this District is proper because each Defendant, without consent or
permission of the Plaintiff as exclusive rights owner, distributed and offered to distribute over
the Internet copyrighted works for which the Plaintiff has exclusive rights. Such unlawful
distribution occurred in every jurisdiction in the United States, including this one. In addition,
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each Defendant contracted with an Internet Service Provider found in this District to provide
each Defendant with access to the Internet.
PARTIES
6. Plaintiff Voltage Pictures, LLC (the "Plaintiff') is a creator and distributor of motion
pictures. Plaintiff brings this action to stop Defendants from copying and distributing to others
over the Internet unauthorized copies of the Plaintiffs copyrighted motion picture. Defendants'
infringements allow them and others unlawfully to obtain and distribute for free unauthorized
copyrighted works that the Plaintiff spends millions of dollars to create and/or distribute. Each
time a Defendant unlawfully distributes a free copy of the Plaintiff s copyrighted motion picture
to others over the Internet, each person who copies that motion picture can then distribute that
unlawful copy to others without any significant degradation in sound and picture quality. Thus,
a Defendant's distribution of even one unlawful copy of a motion picture can result in the nearly
instantaneous worldwide distribution of that single copy to a limitless number of people. The
Plaintiff now seeks redress for this rampant infringement of their exclusive rights.
7. Plaintiff Voltage Pictures, LLC is a California Limited Liability Company, with its
principal place of business at 6360 Deep Dell Place, Los Angeles, CA 90068. Plaintiffis
engaged in the production, acquisition, and distribution of motion pictures for theatrical
exhibition, home entertainment, and other forms of distribution. Plaintiff is the owner of the
copyrights and/or the pertinent exclusive rights under copyright in the United States in the
motion picture that has been unlawfully distributed over the Internet by the Defendants.
8. The true names of Defendants are unknown to the Plaintiff at this time. Each Defendant
is known to the Plaintiff only by the Internet Protocol ("IP") address assigned to that Defendant
by his or her Internet Service Provider on the date and at the time at which the infringing activity
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of each Defendant was observed. The Plaintiff believes that information obtained in discovery
will lead to the identification of each Defendant's true name and permit the Plaintiff to amend
this Complaint to state the same.
COUNT I
INFRINGEMENT OF COPYRIGHTS
9. The Plaintiff is responsible for the creation, development, and production of the
commercially released motion picture titled "The Hurt Locker," the winner of six Academy
Awards, including Best Motion Picture of the Year, that has significant value and has been
produced and created at considerable expense.
10. At all relevant times the Plaintiff has been the holder of the pertinent exclusive rights
infringed by Defendants, as alleged hereunder, for certain copyrighted motion pictures, including
but not limited to the screenplay and the copyrighted motion picture "The Hurt Locker"
(collectively, including derivative works, the "Copyrighted Motion Picture"). The Copyrighted
Motion Picture is the subject of valid Certificate of Copyright Registrations, including without
limitation # PAu003078487, PAu003454798, V3554D772, and V3554D991, issued by the
Register of Copyrights.
11. The Copyrighted Motion Picture contains a copyright notice advising the viewer that the
motion picture is protected by the copyright laws.
12. The Plaintiff is informed and believes that each Defendant, without the permission or
consent of the Plaintiff, has used, and continues to use, an online media distribution system to
distribute to the public, including by making available for distribution to others, the Copyrighted
Motion Picture. The Plaintiff has identified each Defendant by the IP address assigned to that
Defendant by his or her ISP on the date and at the time at which the infringing activity of each
Defendant was observed that has to date, without the permission or consent of the Plaintiff,
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distributed to the public, including by making available for distribution to others. In doing so,
each Defendant has violated the Plaintiffs exclusive rights of reproduction and distribution.
Each Defendant's actions constitute infringement of the Plaintiffs exclusive rights protected
under the Copyright Act of 1976 (17 US.C. 101 et seq.).
13. The foregoing acts of infringement have been willful, intentional, and in disregard of and
with indifference to the rights of the Plaintiff.
14. As a result of each Defendant's infringement of the Plaintiff s exclusive rights under
copyright, the Plaintiff is entitled to relief pursuant to 17 US.C. 504 and to its attorneys' fees
and costs pursuant to 17 US.c. 505.
15. The conduct of each Defendant is causing and, unless enjoined and restrained by this
Court, will continue to cause the Plaintiff great and irreparable injury that cannot fully be
compensated or measured in money. The Plaintiff has no adequate remedy at law. Pursuant to
17 U.S.C. 502 and 503, the Plaintiff is entitled to injunctive relief prohibiting each Defendant
from further infringing the Plaintiff s copyright and ordering that each Defendant destroy all
copies of Copyrighted Motion Picture made in violation of the Plaintiff s copyrights.
WHEREFORE, the Plaintiff prays for judgment against each Defendant as follows:
1. F or entry of preliminary and permanent injunctions providing that each Defendant shall
be enjoined from directly or indirectly infringing the Plaintiffs rights in the Copyrighted Motion
Picture and any motion picture, whether now in existence or later created, that is owned or
controlled by the Plaintiff ("the Plaintiffs Motion Pictures"), including without limitation by
using the Internet to reproduce or copy the Plaintiff s Motion Pictures, to distribute the Plaintiff s
Motion Pictures, or to make the Plaintiff s Motion Pictures available for distribution to the
public, except pursuant to a lawful license or with the express authority of the Plaintiff.
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Defendant also shall destroy all copies of the Plaintiff's Motion Pictures that Defendant has
downloaded onto any computer hard drive or server without the Plaintiff's authorization and
shall destroy all copies of those downloaded motion pictures transferred onto any physical
medium or device in each Defendant's possession, custody, or control.
2. For actual damages or statutory damages pursuant to 17 U.S.C. 504, at the election of
the Plaintiff.
3. For the Plaintiff's costs.
4. For the Plaintiff's reasonable attorneys' fees.
5. For such other and further relief as the Court deems proper.
DATED: May 21 , 2010
Respectfully Submitted,
VOL T AGE PICTURES, LLC,
By:
Thomas M. Dunlap D.C. Bar # 471319)
Nicholas A. Kurtz (D.C. Bar # 980091)
DUNLAP, GRUBB & WEAVER, PLLC
1200 G Street, NW Suite 800
Washington, DC 20005
Telephone: 202-316-8558
Facsimile: 202-318-0242
tdunlap@dglegal.com
nkurtz@dglegal.com
Attorneys for the Plaintiff
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Case 1:10-cv-00873-BAH Document 1-1 Filed 05/24/10 Page 1 of 2
E"
-813
JS-44
CIVIL COVER SHEET
U


:VOLTAGE PICTURES, LLC '
1----------------------------------------------
I
:DOES 1-5,000
I
,
I
,
,
I
---------------------------------
I
______________________________________________ i
(b) COUNTY OF RESIDENCE OF FIRST LISTED PLAINTIFF
(EXCEPT IN U.S. PLAINTIFF CASES)
COUNTY OF RESIDENCE OF FIRST LISTED DEFENDANT
(IN U.S. PLAINTIFF CASES ONLY)
NOTE IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF
L'
__ ______ _
A
Case: 1: 10-cv-00873
:DUNLAP, GRUBB & WEAVER, PLLC
:1200 G ST, NW STE 800
:WASHINGTON, DC 20007
Assigned To : Urbina, Ricardo M.
Assign. Date: 5/24/2010
Description: General Civil
:(202)316-8558
L ____________________________________________ -'
II. BASIS OF JURISDICTION III CITIZENSHIP OF PRINCIPAL PARTIES (PLACE AN x IN ONE BOX
FOR PLAINTIFF AND ONE BOX FOR DEFENDANT) FOR DIVERSITY CASES ONLY!
0
IUS Governrn t deral QuestIOn
PTF OFT PTF OFT
PlamtIff S Government Not a Party)
Citizen of thIs State
0 0
Incorporated or Pnnclpal Place
0
4 0
of Business m ThIS State
0
2 U S Government
0
4 DIverSIty
0 0 0 0
Defendant (IndIcate CItIzenshIp of
CItizen of Another State 2 2 Incorporated and Pnnclpal Place 5
PartIes m Item III)
0 0
of Business m Another State
CItizen or Subject of a 3 3
4
5
ForeIgn Country ForeIgn NatIOn
0
6 0
6
IV. CASE ASSIGNMENT AND NATURE OF SUIT
(Place a X in one catee:orv, A-N, that best represents your cause of action and one in a correspondine: Nature of Suit)
o A. Antitrust
t
o 410 Antitrust I
o B. Personal Injury/
Malpractice
o 310 Airplane
o 315 Airplane Product Liability
o 320 Assault, Libel & Slander
o 330 Federal Employers Liability
D 340 Marine
o 345 Marine Product Liability
o 350 Motor Vehicle
o 355 Motor Vehicle Product Liability
o 360 Other Personal Injury
o 362 Medical Malpractice
D 365 Product Liability
o 368 Asbestos Product Liability
C
0 General Civil (Other)
-,
OR
o C. Administrative Agency
Review
o 151 Medicare Act
Social Security:
o 861 HIA 1395ft)
D 862 Black Lung (923)
o 863 DlWCIDIWW (405(g)
o 864 ssm Title XVI
o 865 RSI (405(g)
Other Statutes
o 891 Agricultural Acts
D 892 Economic Stabilization Act
o
o
D
893 Environmental Matters
894 Energy Allocation Act
890 Other Statutory Actions (If
Administrative Agency is Involved)
o F. Pro Se General Civil
0210 Land Condemnation
0220 Foreclosure
Bankruptcy
0422 Appeal 28 USC 158
o 423 Withdrawal 28 USC 157
ForfeiturelPenalty
0610 Agriculture
D 620 Other Food &Orug
o 625 Drug Related Seizure
Prisoner Petitions of Property 21 USC 881
0230 Rent, Lease & Ejectment
0240 Torts to Land
0245 Tort Product Liability
0290 All Other Real Property
D 535 Death Penalty
o 540 Mandamus & Other
0550 Civil Rights
o 630 Liquor Laws
o 640 RR & Truck
0650 Airline Regs
o 660 Occupational Personal Property 0555 Prison Condition
0370 Other Fraud .............
0371 Truth in Lending ProDertvRi"hts
0380 Other Personal Property Damag [K] 82Yopyrights
0385 Property Damage Product ... ;;;;;g'ii:r=':sr:i:L ....
o 840 Trademark
Federal Tax Suits
o 870 Taxes {US plaintiff or
defendant
0871 IRS-Third Party 26
USC 7609
Safety/Health
0690 Other
Other Statutes
o 400 State Reapportionment
o 430 Banks & Banking
o 450 CommercelICC
Rates/etc.
o 460 Deportation
o D. Temporary Restraining
OrderlPreliminary
Injunction
Any nature of suit from any category may
be selected for this category of case
assignment.
*(If Antitrust, then A governs)"
o 470 Racketeer Influenced &
Corrupt Organizations
o 480 Consumer Credit
o 490 Cable/Satellite TV
o 810 Selective Service
o 850 Securities/Commodities/
Exchange
o 875 Customer Challenge 12 USC
3410
o 900 Appeal of fee determination
under equal access to Justice
o 950 Constitutionality of State
Statutes
o 890 Other Statutory Actions (if
not administrative agency
review or Privacy Act
Case 1:10-cv-00873-BAH Document 1-1 Filed 05/24/10 Page 2 of 2
o G. Habeas Corpus/
2255
o 530 Habeas Corpus-General
o 510 MotionNacate Sentence
o H. Employment
Discrimination
o 442 Civil Rights-Employment
(criteria: race, gender/sex,
national origin,
discrimination, disability
age, religion, retaliation)
*(If pro se, select this deck)'
o I. FOIAIPRIVACY
ACT
o 895 Freedom of Information Act
o 890 Other Statutory Actions
(if Privacy Act)
*(If pro se, select this deck)'
o J. Student Loan
o 152 Recovery of Defaulted
Student Loans
(excluding veterans)
o K. Labor/ERISA
(non-employment)
o L. Other Civil Rights
(non-employment)
o M. Contract o N. Three-Judge Court
o 710 Fair Labor Standards Act
o 720 LaborlMgmt. Relations
o 730 LaborlMgmt. Reporting &
Disclosure Act
o 740 Labor Railway Act
o 790 Other Labor Litigation
o 791 Empl. Ret. Inc. Security Act
0
o 441 Voting (if not Voting Rights
Act)
0443 Housing/Accommodations
0444 Welfare
o 440 Other Civil Rights
o 445 American wIDisabilities-
Employment
o 446 Americans wIDisabilities-
Other
o
o
o
o
o
o
o
o
o
o
110 Insurance
120 Marine
130 Miller Act
140 Negotiable Instrument
150 Recovery of Overpayment &
Enforcement of Judgment
153 Recovery of Overpayment of
Veteran's Benefits
160 Stockholder's Suits
190 Other Contracts
195 Contract Product Liability
196 Franchise
o 441 Civil Rights-Voting
(if Voting Rights Act)
o 7 Appeal to

2 Removed
from State
Court
o 3 Remanded from
Appellate Court
o 4 Reinstated
or Reopened
o 5 Transferred from
another district
(specify)
o 6 Multi district
Litigation District Judge
from Mag. Judge
'!I!F;. )Y(!IJ!:AB_R1H
SC 101 et seq. - Copyright infringement
VII. REQUESTED IN
COMPLAINT
VIII. RELATED CASE(S)
IF ANY
DATE OS/21/2010
CHECK IF THIS IS A CLASS
ACTION UNDER F R C P 23
(See instructIOn) YES 0
SIGNATURE OF ATTORNEY OF RECORD
DEMAND $ ___ ____ : Check YE
I
only t dem nded in c
RY DEMAND: YES 0
INSTRUCTIONS FOR COMPLETING CIVIL COVER SHEET JS-44
Authonty for CIVil Cover Sheet
The JS-44 CIVIl cover sheet and the informatIOn contained herein neither replaces nor supplements the filmgs and service of pleadmgs or other papers as reqUired by
law, except as proVided by local rules of court ThiS form, approved by the JudiCial Conference of the Umted States m September 1974, IS reqUired for the use of the Clerk of
Court for the purpose of InItIatmg the CIVil docket sheet Consequently a CIVil cover sheet IS submitted to the Clerk of Court for each CIVil complamt filed Listed below are ups
for completmg the CIVil cover sheet These tipS comclde With the Roman Numerals on the Cover Sheet
I. COUNTY OF RESIDENCE OF FIRST LISTED PLAINTIFF/DEFENDANT (b) County of residence Use 11001 to mdlcate plamtIff IS reSident of
Washmgton, DC. 88888 Ifplamuffls reSident of the United States but not of Wash mgt on, DC, and 99999 Ifplamuffls outSide the United States
plaint
III. CITIZENSHIP OF PRINCIPAL PARTIES ThiS sectIOn IS completed2!l!Y.lfdlVerslty ofcluzenshlp was selected as the BaSIS ofJunsdlctlon under SectIOn
II
IV. CASE ASSIGNMENT AND NATURE OF SUIT The assignment of a Judge to your case Will depend on the category you select that best represents the
cause of actIOn found In your complamt You may select only category You.!!!!ill also correspondmg nature of SUIt found under
the category of case
VI. CAUSE OF ACTION Cite the US CIVil Statute under which you are filing and wnte a brief statement of the pnmary cause
VIII. RELATED CASES, IF ANY' If you indicated that there IS a related case, you must complete a related case form, which may be obtained from the Clerk's
Office
Because of the need for accurate and complete mformatlOn, you should ensure the accuracy of the information provided pnor to Signing the form