Rotten Records Lawsuit
Rotten Records Lawsuit
Rotten Records Lawsuit
v.
COMPLAINT
JOHN DOE subscriber assigned IP address
67.165.102.115,
Defendant.
Plaintiff, Rotten Records, Inc., sues Defendant John Doe subscriber assigned IP
address 67.165.102.115, and alleges:
Introduction
1.
This matter arises under the United States Copyright Act of 1976, as
Defendants IP address as set forth on Exhibit A was used to illegally distribute the
copyrighted work owned by Plaintiff listed on Exhibit B without authorization.
3.
This Court has subject matter jurisdiction over this action pursuant to 28
consistently worked in similar cases to ensure that the Defendants acts of copyright
infringement occurred using an Internet Protocol address (IP address) traced to a
physical address located within this District and, therefore, this Court has personal
jurisdiction over the Defendant because: (i) Defendant committed the tortious conduct
alleged in this Complaint in this State, and (ii) Defendant resides in this State and/or (iii)
Defendant has engaged in substantial and not isolated business activity in this State.
6.
because: (i) a substantial part of the events or omissions giving rise to the claims
occurred in this District; and, (ii) the Defendant resides (and therefore can be found) in
this District and resides in this State; additionally, venue is proper in this District
pursuant 28 U.S.C. 1400(a) (venue for copyright cases) because Defendant or
Defendants agent resides or may be found in this District.
Parties
7.
Plaintiff is a corporation organized and existing under the laws of the State
of Nevada and has its principal place of business located at P.O. Box 56, Upland, CA
91785.
8.
9.
I.
common peer-to-peer file sharing systems used for distributing large amounts of data,
including, but not limited to, written publications, audiovisual works, music, movies and
other digital media files (Digital Media Files).1
13.
and communicate with each other in order to distribute a large file without creating a
heavy load on any individual source computer and/or network. The methodology of
BitTorrent allows users to interact and communicate directly with each other, thus
avoiding the need for intermediary host websites which are subject to the Digital
Millennium Copyright Act take-down notices and potential regulatory enforcement
actions.
14.
In order to distribute a large file, the BitTorrent protocol breaks a file into
many small pieces. Users then exchange these pieces among each other, instead of
1
NetNames found in their September 2013 report, Sizing The Piracy Universe, that 78.1% of all music
on BitTorrent was infringing on copyright.
After the infringer receives all of the pieces of a digital media file, the
infringers BitTorrent client software reassembles the pieces so that the file may be
opened and utilized.
16.
17.
The entirety of the digital media file also has a unique cryptographic hash
value.
value (file hash), which acts as a digital fingerprint identifying the digital media file
(e.g., a song).
digital media file, the BitTorrent software uses the file hash to determine that the file is
complete and accurate.
18.
from Defendant. The Infringing Files are copies of Plaintiffs work. The Infringing Files
are owned by Plaintiff.
20.
Plaintiff is the owner of the work in the Infringing Files which is registered
information.
21.
Plaintiff did not authorize its copyrighted work to be distributed via the
BitTorrent protocol. Instead, the initial seeder illegally uploaded the work to BitTorrent
and distributed it to numerous other individuals without Plaintiffs permission.
22.
Neither Plaintiff nor Rightscorp was the initial seeder nor can the initial
seeder be identified.
23.
them. Rightscorp further reviewed the original works and confirmed that the Infringing
File are identical to the corresponding original works.
25.
address, the most recent infringing transaction recorded by Rightscorp (as of the date of
this filing) is set forth on Exhibit A.
27.
Exhibit B lists the registration number, registration date, and date of first
Rightscorp is recorded in a video and a BitTorrent log file. Here, the video recording is
of a transaction between the infringers computer and Rightscorps computer. Through
each transaction, Defendant distributed a piece of the Infringing File. The video and
BitTorrent log file shows Defendants IP address, and the pieces that were distributed.
Rightscorps operator plays a portion of the files downloaded from the Defendants
computer in the video immediately after they have been downloaded.
29.
Rightscorp sent Defendant 112 notices via Defendants ISP Comcast from
June 15, 2015 to June 17, 2015 demanding that Defendant stop illegally distributing
Plaintiffs work.
30.
been waived.
32.
authorship.
35.
its work.
37.
A.
B.
to:
38.
17 U.S.C. 504(c)(2).
WHEREFORE, Plaintiff respectfully requests that the Court:
1.
Permanently enjoin Defendant and all other persons who are in active
At the close of this litigation, Order that Defendant delete and permanently
remove the digital media files relating to Plaintiffs work from each of the computers
under Defendants possession, custody or control;
3.
At the close of this litigation, Order that Defendant delete and permanently
remove the infringing copies of the work Defendant has on computers under
Defendants possession, custody or control;
4.
Grant Plaintiff any other and further relief this Court deems just and
proper.
DEMAND FOR A JURY TRIAL
Plaintiff hereby demands a trial by jury on all issues so triable.
Respectfully submitted,
Plaintiff, Rotten Records,
By its attorneys,