Hollywood Sues File-Sharing Sites’ Advertising Company

8/9/2019 Hollywood Sues File-Sharing Sites Advertising Company

1/20

.1 11 ROBERT H. ROTSTEIN (SBN 72452), C )r-rxr@msk.com .7)42 WA DE B. GENTZ (SBN 249793),wbg@msk.com 1N)1134

EMILY F. EVITT (SBN 261491),esb@msk.com MITCHELL SILBERBERG & KNUPP LLP11377 W est Olympic Boulevard

) 4"r /rn -n C)c . . . ).I

r r tCD

5 Los Angeles California 90064-1683 -va C . . / 1Telephone: 310) 312-20006 Facsimile: ( 10) 312 -31007 Attorneys for Plaintiffs89

10 UNITED STATES DISTRICT COURT11 CENTRAL DISTRICT OF CAL IFORNIA1 213 WARNER BROS. ENTERTAINMENTINC., a Delaware corporation; DISNEY CASE NO I 0 6 03 1 84 414 ENTERPRISES, INC., a Delaware COMPLAINT FOR COPYRIGHT1 5

corporation, INFRINGEMENT (17ET SEQ .) U.S.C. 101,1 6

Plaintiffs,v .

17 TRITON M EDIA, LLC, an Arizona1 819

limited liability company,Defendant.

2 02 12 22 32 42 52 62 72 8

Case 2:10-cv-06318-GW -JEM Document 1 Filed 08/24/10 Page 1 of 20 Page ID #:7


2/20

Plaintiffs Warner B ros. Entertainm ent Inc. and D isney Enterprises, Inc.(collectively, "Plaintiffs") for their Com plaint against D efendant T riton Me dia,LLC allege as follows:

NATURE OF THE ACTION1. This is a civil action for dam ages and for injunctive and re lated relief

against Defendant for violations of the U nited States Co pyright Act of 197 6, 17U.S.C. 101, et seq. This action arises out of Defendan t's infringem ent ofcopyrights in numero us mo tion pictures and other audiovisual wo rks to whichPlaintiffs own or co ntrol copyright and/or exclusive distribution rights ("Plaintiffs'copyrighted works").

2. Defen dant has ow ned, operated, provided advertising consulting andreferrals for, and/or provided other material assistance to the w ebsites ww w.free-tv-video-online.info, supernovatube.corn, don ogo.com , watch-movies.net , watch-movies-online.tv , watch-mo vies-links.net , thepiratecity.org , and havenvideo.com (collectively the "W ebsites"), whose p urpose is to prom ote, facilitate, and profitfrom the infringement of Plaintiffs' copyrighted works. The Websites are for-profit "one-stop-shops" for infringing copies of Plaintiffs' copyrighted work s.Specifically, the W ebsites, have posted, o rganized, searched for, identified,collected and indexed links to infringing m aterial that is available on third-partywebsites, otherwise provided acc ess to infringing material, and/or hosted infringingmaterial. Plaintiffs are informed and believe, and based thereon allege, thatDefen dant profits from its miscon duct by way of the advertisements displayed onthe We bsites or other web sites accessed through the W ebsites. Defe ndant'sconduct constitutes c opyright infringemen t.

3. As alleged in d etail below, by v irtue of its co nduct, D efendant violatesthe Copyright Act of 1976, 17 U.S.C. 101, et seq.

1

123456789

1 01 11 21 31 41 51 61 71 81 92 02 12 22 32 42 52 62 728



3/20

THE PARTIES4. Plaintiff Warner Bro s. Entertainm ent Inc. ("Warn er Bros.") is a

corporation duly incorporated under the laws of the State of D elaware with itsprincipal place of business located in Burbank, California.5. Plaintiff Disney E nterprises, Inc. ("Disney") is a co rporation dulyincorporated under the laws of the State of D elaware with its principal place ofbusiness located in Burbank, California.

6. Defen dant Triton M edia, LLC is a limited liability comp any w ith itsprincipal place of business located in Scottsdale, Arizona.

JURISDICTION AND VENUE7. The Co urt has subject matter jurisdiction ove r this action under 2 8

U.S.C. 1331 (federal question) and 1 338(a) (any act of Con gress relating tocopyright) and under the Copyright Act, 17 U.S.C. 101, e t s e q .

8. Ven ue is proper in this judicial district under 2 8 U .S.C. 1391(b)and (c) an d 14 00(a), and because D efendant, by its infringing activities,intentionally and know ingly caused the damages and other harm ful effectscom plained o f herein, which are suffered in the U nited States and in California,whe re Plaintiffs have their principle places of business and w hich is the heart ofthe television and motion picture industry.

9. This Court has person al jurisdiction over D efendant becauseDefen dant has purpo sefully directed its activities at the United States and atCalifornia. Specifically, Plaintiffs allege that (a) De fendant o r its agents are do ingor have be en doing business con tinuously in the State of C alifornia and thisdistrict, (b) a substantial part of the wron gful acts com mitted by D efendant, haveoccurred in interstate com me rce, in the State of California, and in the Cen tralDistrict of California, and (c) De fendant know s that the damage s and other harmfuleffects of D efendant's infringing activities occur in the Un ited States and primarily

2

123456789

1 01 11 21 31 41 51 61 71 81 9202 12 22 32 42 52 62 72 8



4/20

in California, where Plaintiffs have their principle places o f business an d w hich isthe heart of the television and motion picture industry.

BACKGROUND FACTSPlaintiffs' Copyrighted Works10. Plaintiffs and certain of their affiliates are produ cers, distributors,

and/or exc lusive licensees of m otion pictures and television programs in the UnitedStates. Plaintiffs are, among other things, engag ed in the business of developing,producing, distributing, and/o r licensing to o thers, the right to co py, distribute,transmit, and exhibit copyrighted motion pictures, television program s and/or o theraudiovisual work s.

11. Plaintiffs, either directly or through their affiliates or licensees,distribute their copyrighted w orks in v arious form s including, without limitation,for exhibition in theaters, through television broadcasts, over the Internet, andthrough cable and direct-to-hom e satellite services (including basic, premium ,"pay-per-view," and "video on demand" ("VOD") television services). Inaddition, Plaintiffs distribute their m otion pictures and television program s o ndigital versatile discs ("DV Ds") an d other form ats, including next gen eration an dhigh definition discs, by s elling them directly or indirectly to the h om e viewingmark et or licensing them to others to do so. Plaintiffs also distribute theircopyrighted works, am ong other ways, through Internet-based streaming anddown load services and other m edia or license others to do so. Plaintiffs also offerstreaming video clips of man y of their popular television shows an d othercopyrighted works throug h their own w ebsites (such as disney.go.com ) or throughlicensees.

12. Each P laintiff or its predecessor-in-interest is the ow ner or exclusivelicensee o f United States copyrights in a substantial num ber of m otion picturesand/or television program s. Attached hereto as Exhibit A and incorporated herein

3

123456789

1 01 11 21 31 41 51 61 71 81 92 02 12 22 32 42 52 62 728



5/20

by reference is an illustrative schedule of so me of the m otion pictures in wh ichPlaintiffs own the copyright or exc lusive distribution and public perform ance anddisplay right.

13. By way of illustration, Plaintiffs are the ow ners o f Un ited Statescopyrights or the exc lusive distribution and public perform ance rights in thefollowing motion pictures: Plaintiff Warner Bros. (No R ese rvations) and P laintiffDisney (Ratatouille).

14. Plaintiffs have registered with the U nited States Copyright Officetheir copyrights in the w orks identified in Paragraph 1 3 above and in Exh ibit A.

15. Plaintiffs and c ertain o f their affiliates have invested (and continue toinvest) substantial sums of m oney and effo rt each year to develop, produce, anddistribute mo tion pictures and/or television program s protected under co pyrightand other laws. Defen dant's actions, as described b elow, infringe Plaintiffs'exclusive rights under the Copyright Act and other laws an d diminish theeconom ic value of such rights.

Defendant's U nlawful Ac tivities16. As alleged hereinabove, Defendant has ow ned, operated, provided

advertising c onsulting and referrals for, and/or p rovided other m aterial assistanceto the w ebsites located at ww w.free-tv-video-online.info, supernovatube.com ,donogo.com , watch-movies.net , watch-m ovies-online.tv , watch-m ovies-links.net ,havenvideo.com and thepiratecity.org (collectively "the W ebsites"). The primarypurpose o f the Web sites is to provide to their users access to content that has beenunlawfully reproduced, distributed, publicly perform ed, and/or publicly displayed.The W ebsites facilitate the ability of their users to have access, on dem and, tocopyrighted m ovies and other audiovisual works that have been un lawfullyreproduced, distributed, publicly perform ed, and/or publicly displayed in violationof Plaintiffs' copyrights.

4

123456789

1 01 11 21 31 41 51 61 71 81 92 02 12 22 32 42 52 62 728



6/20

17. The Websites are one-stop shops for infringing material. Specifically,2 the Websites provide or have provided links to infringing content available on3 third-party websites, provide or have provided access to infringing material, and/or4 host or have hosted infringing material. Most, if not all, of the content indexed on5 and/or available via the Websites is infringing, unauthorized copyrighted content,6 including Plaintiffs' copyrighted works.78. The Free-tv-video-online homepage has a list of "popular online8 movie links" and "popular online tv-show links." The Website also contains a9 search engine which enables users to find the infringing motion picture of their10 choice. The "Movies" webpage features an index of links to hundreds of

11 infringing motion pictures organized alphabetically. Among these titles are works12 that are currently being exhibited in movie theaters.139. To watch an infringing copy of a work using the Free-tv-video-online14 website, the user clicks on the title of a particular infringing work from Free-tv-15 video-online's index. The user is automatically taken to a third party user-16 generated content webpage on which the work is automatically displayed and17 performed via a video player.180. Plaintiffs are informed and believe, and based thereon allege, that the19 Free-tv-video-online website identifies, selects, posts, and organizes links to third-20 party websites containing infringing content. Plaintiffs are informed and believe,21 and based thereon allege, that Defendant materially contributed to the Free-tv-22 video-online website, including but not limited to, by advising on how the website23 could increase its advertising revenue and by providing advertising referrals.2 41. Most, if not all, of the content available for streaming through Free-tv-25 video-online is infringing copyrighted video content, including Plaintiffs'26 copyrighted works. Furthermore, Defendant knows and intends that the Free-tv-27 video-online website consist of links to unauthorized infringing copies of28 copyrighted works, including Plaintiffs' copyrighted works. The fundamental5Case 2:10-cv-06318-GW -JEM Document 1 Filed 08/24/10 Page 6 of 20 Page ID #:12


7/20

purpose of Free-tv-video-online is to further the illegal dissemination and tocontribute to the illegal dissemination of infringing works. Plaintiffs are informedand believed, and based thereon allege that Defendant provided consulting andreferral services regarding advertising for Free-tv-video-online.

22. Supernovatube.com is a video-hosting website. Plaintiffs areinformed, believe, and based thereon allege, that Defendant materially contributesto and/or induces the reproduction, distribution, public performance and/or publicdisplay of a large number of videos, including unauthorized infringing copies ofcopyrighted works, on or via Supernovatube. Supernovatube is widely used byFreeTV and other infringing link sites because the infringing copies of Plaintiffs'copyrighted works cannot be browsed or searched on the site and can only beviewed or accessed through a linking site. Plaintiffs are informed and believe thatSupernovatube has a close partnership with FreeTV. Plaintiffs are informed andbelieved, and based thereon allege that Defendant provided consulting and referralservices regarding advertising for Supernovatube.

23. Donogo was a high-definition video hosting website created andoperated by Defendant. Plaintiffs are informed, believe, and based thereon allegethat Defendant materially contributed to and/or induced the reproduction,distribution, public performance and/or public display of unauthorized infringingcopies of copyrighted works on or via Donogo, including but not limited to, divxvideos previously hosted by Supernovatube.

24. Watch-movies.net featured an index of links to infringing motionpictures and various categories of infringing motion pictures, including "Newreleases" and "Genres." Additionally, Watch-movies.net had a search enginewhich allowed users to quickly find the motion picture they would like to watch.The Watch-movies.net website contained links to thousands of motion pictures,including hundreds of recently released motion pictures. The website, Watch-movies-links.net and the later created website Watch-movies-online.tv featured

6

123456789

1 01 11 21 31 41 51 61 71 81 9202 122232425262728



8/20

substantially the sam e o rganization, graphics, layout, functionality, and content asthe website W atch-movies.net , with additional links to copyrighted m otion picturesand other audiovisual works. Plaintiffs are informed, believed, and based thereonallege that Defen dant perform ed con sulting and referral services regardingadvertising for W atch-movies.net , Watch-m ovies-links.net , and W atch-movies-online.tv .

25. Havenvideo.com is an on line video website w hich identifies, selects,posts, and o rganizes links to third-party w ebsites containing infringing c ontentand/or providing access to infringing content and pro minen tly features links tovarious blatantly infringing "video host sites" and "video link sites." Plaintiffs areinformed, believe, and based thereon allege that De fendant m aterially contributedto and/or induce d the reproduc tion, distribution, public perform ance an d/or publicdisplay of unauthorized infringing copies of copyrighted wo rks viaHavenvideo.com , including bu t not limited to by w ay of p osting links to infringingthird party w ebsites and exchan ging files or o ther information with individual usersknow n to be involved in the infringem ent of copyrighted m aterial.

26. Plaintiffs are inform ed, believe, and based thereon allege, that thewebsite Thepiratecity.org , identifies, selects, posts, and organizes links to third-party websites containing infringing content. The homepage of ThePiratecity.org features reduced-size image s of mo vie posters for twen ty (20) new release films.Upo n clicking one of these icons, the user is redirected to a series of links to h isselected mo tion picture. Each link also lists the percentage of use rs who reported itto be working. Additionally, Thepiratecity.org allows users to search for particularmo vies and provides listings by ge nre and alphabe tically. Plaintiffs are informed,believe, and based thereon , allege that Defendant perform ed con sulting and referralservices regarding adv ertising fo r The piratecity.org .

27. By virtue of the conduct alleged hereinabove, Defen dant know inglypromotes, participates in, facilitates, assists, enables, materially contributes to,

7

123456789

1 01 11 21 31 41 51 61 71 81 92 02 12 22 32 42 52 62 728



9/20

encou rages, and induces c opyright infringeme nt, and thereby has secon darilyinfringed the copyrights in P laintiffs' copyrighted w orks, including but not limitedto those listed in Exhibit A attached to this Com plaint.

28. On D ecem ber 17, 2 008, Plaintiffs gave notice to Defendant that theFree-tv-video-online website infringes Plaintiffs' copyrights, spe cificallyidentifying nume rous exam ples of copyrighted works on Free-tv-video-online thatare own ed or controlled by Plaintiffs and that are being infringed by the Free -tv-video-online we bsite. Plaintiffs deman ded De fendant imm ediately cease theinfringem ent and take steps to ensure that the website does n ot infringe upo n thecopyrights of Plaintiffs' copyrighted works in the future. Defen dant, however,ignored Plaintiffs' notice, failing either to remove the links to Plaintiffs'copyrighted wo rks from the Free-tv-video-online website or to take steps to ensurethat the web site does not infringe upon the copyrights of Plaintiffs' copyrightedworks in the future.

29. No Plaintiff has granted any license, pe rmission, authorization, orconsen t to Defendant to use o r exploit any of Plaintiffs' copyrighted wo rks.Instead, in violation of Plaintiffs' rights unde r cop yright law, Defen dant haswillfully, intentionally, and knowingly facilitated, enabled, induced, and materiallycontributed to infringing uses thereof.

30. Defe ndant's conduct causes sub stantial harm to Plaintiffs and to theirintellectual property. Am ong other things, Defendant's conduct interferes with thecontinued growth and development of numerous emerging legitimate servicesoffering consum ers a means to ob tain and view co pies of audiovisual works on theInternet and through other channels of distribution.

123456789

1 01 11 21 31 41 51 61 71 81 9202 12 22 3242 52 62 728

8



10/20

FIRST CLAIM FOR RELIEF(Contributory Copyright Infringement)

17 U.S.C. 101, e t s eq .31. Plaintiffs incorporate by referenc e each and every allegation set forthin Paragraphs 1 through 30, inclusive, as though fully set forth herein.32. Plaintiffs own the Un ited States co pyrights or the pertinent exclusive

rights, including without limitation the reproduction, distribution, publicperform ance, and pub lic display rights, in and to the co pyrighted works listed inParagraph 13 and in Exh ibit A, as well as many o ther motion pictures and otheraudiovisual work s.

33. Plaintiffs (or their predeces sors) have obtained co pyright registrationand/or preregistration ce rtificates for each w ork listed in Exhibit A. In doing so,Plaintiffs have com plied in all respects with 17 U.S.C. 1 01, et seq., the statutorydeposit and registration requirem ents thereof, and all other laws governing federalcopyrights.

34. By virtue of the availability of infringing copies of Plaintiffs'copyrighted w orks o n third-party websites, Plaintiffs' exclusive rights ofreproduction, distribution, public perform ance, and public display have beeninfringed in violation of the Copyright Act, 17 U.S.C. 106 and 5 01.

35. Plaintiffs are informed and believe, and based thereon allege, thatDefen dant know s or have reason to know of the aforesaid infringeme nt ofPlaintiffs' copyrighted works, and Defe ndant m aterially contributes to and furtherssuch infringeme nt. The infringem ent of Plaintiffs' copyrighted works on theW ebsites is open and notorious. Furthermo re, the purpose and function of theW ebsites is the illegal dissemination of Plaintiffs' copyrighted w orks. Plaintiffs'copyrighted works are we ll-know n and recognizable, and even a cursory review ofthe We bsites reveals that they provide acces s to num erous infringing copies ofPlaintiffs' copyrighted motions pictures.

9

123456789

1 01 11 21 31 41 51 61 71 81 9202 12 22 3242 52 62 72 8



11/20

36. More over, while unnecessary to establish Defendant's knowledge ofthe blatant and extensive infringeme nt prom oted by their website, Plaintiffsprovided D efendant w ith w ritten notice of the infringem ent of Plaintiffs'copyrighted works oc curring via the Free-tv-video-online we bsite. Defe ndantfailed to halt its infringing activities.

37. By enabling, causing, facilitating, materially contributing to, andencou raging the unauthorized reproduction, distribution, public perform ance, andpublic display, of unauthorized copying of Plaintiffs' copyrighted wo rks (includingthe works listed in Exhibit A) in the m anner desc ribed above, with full know ledgeof the illegality of such condu ct, Defendant has co ntributed to and induced a vastnum ber of c opyright infringem ents, including infringeme nts of Plaintiffs'copyrighted work s, in violation of the Copyright Act, 17 U.S.C. 106 and 5 01.

38. The unauthorized reprod uction, distribution, public perform ance, andpublic display of P laintiffs' copyrighted w orks that D efendant en ables, causes,materially con tributes to, and enco urages through the acts de scribed above arewithout Plaintiffs' consent and are not otherw ise permissible under the Co pyrightAct.

39. Plaintiffs are informed and believe, and based thereon allege, that theforegoing acts of infringem ent by D efendant have b een w illful, intentional, andpurposeful, in disregard of and indifference to Plaintiffs' copyrights and ex clusiverights under copyright.

40. As a direct and proximate result of Defendant's infringement ofPlaintiffs' copyrights and exclusive rights und er c opyright, Plaintiffs havesustained and w ill continue to sustain actual dam age. Plaintiffs are entitled to theiractual damages plus D efendant's profits from infringemen t of Plaintiffs'copyrighted w orks, as will be prove n at trial. Alternatively, at Plaintiffs' election,Plaintiffs are entitled to the m aximum statutory dam ages as perm itted by fede ralcopyright law.

10

123456789

1 01 11 21 31 41 51 61 71 81 9202 12 22 32 42 52 62 728



12/20

41. Defen dant's acts have caused and co ntinue to cause substantialirreparable harm to Plaintiffs. Unless D efendant is enjoined from engaging in itswron gful conduc t, Plaintiffs will suffer further irreparable injury and harm , forwhich they have no adequate remedy at law.42. Plaintiffs are entitled to their attorneys' fees and full costs pursuant to17 U.S.C. 505 .

SECOND CLAIM FOR RELIEF(Inducement of Copyright Infringement)

17 U.S.C. 101, et seq.43. Plaintiffs incorporate by reference each and every allegation set forth

in Paragraphs 1 through 30 and 32 through 34, inclusive, as though fully set forthherein.

44. Defen dant is liable under the Co pyright Act for inducing andencouraging the acts of direct copyright infringem ent hereinabove alleged.Defen dant operates and/or advises the Websites with the object of prom oting theuse of the W ebsites to infringe P laintiffs' copyrights, evidenced by D efendant'sclear expression and/or other affirmative steps taken to foster infringement.

45. Defen dant's unlawful objective to prom ote infringem ent isdem onstrated by n um erous indicia including, without limitation, its operation ofand/or co ntribution to w ebsites that are almost ex clusively devoted to theinfringem ent of co pyrighted works, take affirmative steps to build a vast virtuallibrary of links to infringing copies of Plaintiffs' works, satisfy a source of dem andfor copyright infringem ent, fail to develop or emp loy any tools or otherm echanism s to diminish infringem ent, and incorpo rate a business mo del whichuses infringing content to attract a high volume of visitors to the sites for thepurpose of selling advertising.

46. Defen dant's acts constitute inducem ent of copyright infringement inviolation of the Copyright Act, 17 U.S.C. 106 and 5 01.

1 1

123456789

1 01 11 21 31 41 51 61 71 81 9202 12 22 32 42 52 62 72 8



13/20

47. Plaintiffs are informed and believe, and based thereon allege, that theforegoing acts of infringem ent by D efendant have b een w illful, intentional, andpurposeful, in disregard of and indifference to Plaintiffs' copyrights and ex clusiverights under copyright.48. As a direct and proximate result of Defendant's infringement ofPlaintiffs' copyrights and exclusive rights und er co pyright, Plaintiffs havesustained and w ill continue to sustain actual dam age. Plaintiffs are entitled to theiractual damages plus De fendant's profits from infringem ent of Plaintiffs'copyrighted w orks, as will be prove n at trial. Alternatively, at Plaintiffs' election,Plaintiffs are entitled to the maxim um statutory dam ages as perm itted by federalcopyright law.

49. Defen dant's acts have caused and co ntinue to cause substantialirreparable harm to Plaintiffs. Unless D efendant is enjoined from engaging in itswron gful condu ct, Plaintiffs will suffer further irreparable injury and h arm, forwhich they have no adequate remedy at law.

50. Plaintiffs are entitled to their attorneys' fees an d full costs pursuant to17 U.S.C. 505 .

PRAYER FOR RELIEFW H ER EF O R E, Plaintiffs pray that this C ourt enter judgm ent in their favor

and against Defendant, as follows:(a ) adjudge and declare that D efendant's activities constitute contributory

copyright infringem ent and inducem ent of copy right infringemen t, respectively;(b ) prelim inary and permanently enjoin, pursuant to 17 U.S.C. 502 ,

Defen dant and its officers, agents, servants, employees, attorneys, successors,licensees , partners, and assigns, and all those acting directly or indirectly in c oncertor participation with any of them, from contributorily infringing by any m eansand/or inducing copyright infringem ent by any m eans of the exclusive rights of

12

123456789

1 01 11 21 31 41 51 6

1 71 81 9202 1222 3242 5262728



14/20

Plaintiffs and their affiliates un der the Copy right Act, including, but not limited to,any of Plaintiffs' and Plaintiffs' affiliates' rights in any of the copyrighted w orkslisted in Exhibit A;

(c ) award dam ages that Plaintiffs have sustained o r will sustain by reasonof De fendant's copyright infringeme nt and all profits derived by Defendan t fromsuch co nduct, or in lieu thereof, should Plaintiffs so elect, such statutory dam agesas the Court shall deem proper as p rovided in 17 U .S.C. 504 (c), includingdamage s for willful infringem ent for each act of co pyright infringemen t;

(d ) preliminary and p erman ently enjoin Defendant and its officers, agents,servants, employees, suc cessors, licensees, partners, and assigns, and all thoseacting directly or indirectly in co ncert or participation w ith any of them , fromdoing the following, whether through the W ebsites, or any related website(whether or no t the website or the said acts occ ur in the United States orelsewhere):

i) posting, organizing, selecting, searching for, identifying, c ollectingand indexing links to unauthorized c opies of the w orks listed inExhibit A and other w orks of w hich the Plaintiffs are the ow ners ofthe copyrights or to who m an interest in the copyright has beengranted by exclusive license, and providing or enabling use o raccess to such works to persons located in the United States;

ii) authorizing, inducing, e ncouraging, aiding o r abetting, or m ateriallycontributing to the un authorized streaming, copying, andtransmission of stream s and co pies in or to the public, in the UnitedStates, of the wo rks listed in Exhibit A and other w orks of w hichthe Plaintiffs are the own ers of the copyrights or to wh om aninterest in the co pyrights has been granted b y license including byexclusive license;

1 3

123456789

1 01 11 21 31 41 51 61 71 81 92 02 12 22 3242 52 62 728



15/20

ROBERT H . ROTSTEINWADE B. GENTZEMILY F. EVITTMITCHELL 'LBERBERG & KNUPP LLPDATED : August 23, 2010

By: R be rt H. RotsteinAttorneys for P laintiffs

iii)uthorizing, inducing, encouraging, aiding or abetting, or m aterially contributing to the un authorized reproduction, distribution,publication, performanc e in public, com mu nication to the public,and public display, in the United States, of copies of the w orkslisted in Exhibit A and o ther work s of w hich the Plaintiffs are theow ners of the copyrights or to whom an interest in the copyrightshas been granted by license including by exc lusive license;

(e) award Plaintiffs' costs and reasonable attorneys' fees in accordancewith 17 U.S.C. 505 ;

(0ward P laintiffs pre judgment and post-judgme nt interest according to law; and

(g) award Plaintiffs such further and additional relief as the Court maydeem just and proper.

123456789

1 01 11 21 31 41 51 61 71 81 9202 1222 3242 52 62 72 8

1 4



16/20

EXHIBIT A

123456789

1 01 11 21 31 41 51 61 71 81 92 02 12 22 32 42 52 62 728



17/20

1 Exhibit A2 Title Owner Reg. No.3 Buck e t L i s t , T he Warner Bros. Entertainment Inc. PA1-594-788456 Fool's Gold Warner Bros. Entertainment Inc. PA1-569-06978 Fred Claus Warner Bros. Entertainment Inc. PA1-592-2909

10 L i ce n s e T o W e d WV Films III LLC PA1-355-5661 112 N o Re se rvations W V Films III LLC PA 1-589-4431 31 41 516

Sm allville - S eason 1,Episode 15 W arner Bros. Television, a div. ofTime W arner Ent. Co. L.P. PA1-110-425

17 College R oad T rip Disney En terprises, Inc. PA1-597-7911 819 Pirates Of The Disney En terprises, Inc. PA1-334-1122 0 Caribbean: A t W orld'sEn d21 Ratatouille Disney En terprises, Inc. & Pixar PA1-354-9352 22 32 42 52 62 72 8 1 6



18/20

UNITED STATES DISTRICT COU RT CENTRAL DISTRICT OF CALIFORNIA

NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDG E FOR DISCOVERY

This case has been assigned to District Judge George H. W u and the assigned discoveryMag istrate Judge is John E. McD ermott.The case num ber on all documents filed with the Court should read as follows:

CV10- 6318 GW (JEMx)Pursuant to General Order 05-07 o f the United States District Court for the Cen tralDistrict of California, the Magistrate Judge has been designated to hear discovery related

motions.

All discovery related motions should be noticed on the calendar of the M agistrate Judge

N O T I C E T O C O U N S E LA copy of this notice must be served with the sum mons and complaint on all defendants (if a removal action isfiled, a copy of this notice must be served on all plaintiffs).S u b s e q u e n t d o c u m e n t s m u s t b e f i led a t the fo l lowing loca t ion :[X] W e s te rn D i v i s ion3 1 2 N . S p r i ng S t . , Rm . G - 8L o s A n g e l e s , C A 9 0 0 1 2

u S o u t h e r n D i v i s i o n4 1 1 W e s t F ou r th S t ., Rm . 1 - 0 5 3S a n t a A n a , C A 9 2 7 0 1 - 4 5 1 6Ll E a s te rn D i v i s ion3470 Tw e l f th S t ., R m . 134Ri v e rs i de , CA 9 2 5 0 1

F a i l u re t o f i l e a t t h e p r o p e r lo c a t i o n w i l l r e su lt i n yo u r d o cu m e n ts be i n g r e tu rn e d t o yo u .

CV-18 (03/06)OTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE FOR DISCOVERYCase 2:10-cv-06318-GW -JEM Document 1 Filed 08/24/10 Page 18 of 20 Page ID #:24


19/20

UNITED STATES DISTRICT COURT, CENTRAL DISTRICT nF CALIFORNIA CIVIL COVER SHEET npy(a ) PLAINTIFFS (Check box if you are representing yourself D )WARNER BR OS. ENTERTAINMENT INC., a Delawarecorporat ion; DISNEY E NTERPRISES, INC., a De lawarecorporat ion

DEFENDANTSTRITON M EDIA, LLC, an Arizona l imi ted l iabi li ty company

Attorneys (If Known)b) Attorneys (Firm Name, Address and Telephone Number. If you are representingyourself, provide same.)ROBERT H. ROTSTEIN (SBN 72452)WAD E B. GENTZ (SBN 249793)MITCHELL SILBERBERG & KNUPP LLP11377 West Olympic BoulevardLos Angeles, California 90064-1683

. BASIS OF JURISDICTION (Place an X in one b ox only.) CITIZENSHIP OF PRINCIPAL PARTIES - For Diversity Cases Only(Place an X in one box for plaintiff and one for defendant.) U.S. Government Plaintiff 3 Federal Qu estion (U.S. PTF DE F PTF DGovernment Not a Party Citizen of This State 0 Incorporated or Principal Place4of Business in this State 0U.S. Government Defendant qDiversity (Indicate Citizenshipof Parties in Ite m III) Citizen of Another State 2 q 2 Incorporated and Principal Placeof Business in Another State 0Citizen or Subject of a Foreign Country q 3 q 3 Foreign Nation6 q

. ORIGIN (Place an X in one box only.) 2 Removed from q 3 Remanded fromProceedingtate Courtppellate Court q 4 Reinstated or q 5 Transferred from another district (specify): q 6 Multi-7 Appeal to DistReopenedistrictudge fromLit igat ionagis trate JudREQUESTED IN COMPLAINT: JURY DEMAND: q Ye s Z No (Check 'Yes' only if demanded in complaint.)q Ye s E l NoMONEY DEMANDE D IN COMPLAINT: $000I. CAUSE OF ACTION (Cite the U. S. Civil Statute under which you are filing and write a brief statement of cause . Do not cite jurisdictional statutes unless diversity.)OPYRIGHTINFRINGEMENT(17 USC SECTIONS101, ETSEQ)NATURE OF SUIT (Place an X in one box only.)OTHER STATUTES CONTRACT TORTSPERSONAL INJURY TORTSPERSONAL .PRISONERETITIONS LABOR400 State Reapportionment n 110 Insurance n 710 Fair Labor Stand410 Antitrust n 120 Marine n 310 Airplane ROPERTY . n 510 Motions to Vacate A c t430 Banks and Banking n 130 Miller Act n 315 Airplane Product n 370 Other Fraud Sentence Habeas n 720 Labor/Mgmt.450 Commerce/ICC n 140 Negotiable Instrument Liability n 371 Truth in Le nding Corpus RelationsRates/etc. n 150 Recovery of n 320 Assault, Libel & n 380 Other Personal n 530 General n 730 Labor/Mgmt.460 Deportation Overpayment & Slander Property Damage n 535 Death Penalty Reporting &470 Racketee r Influenced Enforcement of n 330 Fed. Employers' n 385 Property Damage n 540 Mandamus/ Disclosure Actand Corrupt Liability Product Liability Other n 740 Railway Labor AJudgmentOrganizations n 151 Medicare Act n 340 Marine BANKRUF'TCY, n 550 Civil Rights n 790 Other Labor480 Consumer Credit n 152 Recovery of Defaulted n 345 Marine Product n 22 Appeal 28 USC n 555 Prison Condition Litigation490 Cable/Sat TV Student Loan (Excl. Liability 158 FORFEITURE t n 791 Empl. Ret. Inc.810 Selective Service Veterans) n 350 Motor Vehicle n 423 Withdrawal 28 PENALTY Security Act850 Securities/Commodities/

n 153 Recovery of n355 Motor Vehicle USC 157 n 610 Agriculture PROPERTY RIGH

Exchange Overpayment of Product Liability CIVIL RIGHTS ., . n 620 Other Food & 820 CopyrightsnI 360 Other Personal n441 Voting Drug n 830 Patent75 Customer Challenge 12 Veteran's Benefitsn 160 Stockholders' Suits Injury n 442 Employment n 625 Drug Related n 840 TrademarkUSC 3410890 Other Statutory Actions n 190 Other Contract q62 Personal Injury- III 443 Housing/Acco- Seizure of SOCIAL SECURIT891 Agricultural Act n 195 Contract Product Med Malpractice mmodations Property 21 USC n 61 HIA(1395ff)892 Economic Stabilization Liability n 365 Personal Injury- 44 Welfare 881 n 862 Black Lung (923Ac t n 196 Franchise Product Liability n 445 American with n 630 Liquor Laws n 863 DIWC/DIWW893 Environmental Matters REAL PROPERTY n 368 Asbestos Personal D i s a b i l i t i e s Employment

n 640 R.R.& Truck 405(g))894 Energy Allocation Act n 210 Land Condemnation Injury Product n650 Airl ine Re III864 SSID Title XVI895 Freedom of Info. Act n 220 Foreclosure Liability n 446 American with n660 Occupat ional n 865 RS[ (405(g))900 Appeal of Fee Determi- n 230 Rent Lease & Ejectment IMMIGRATION Disabilities Safety /Health FEDERAL TAX SUnation Under Equal III 240 Torts to Land n 462 Naturalization Other n 690 Other n 870 Taxes (U.S. PlaiAccess to Justice 45 Tort Product Liability Application n 440 Other Civil or Defendant)Rights950 Constitutionality of State 11 290 All Other Real Property n 463 Habeas Corpus- 71 IRS-Third Party Statutes Alien Detainee

, .. USC 7609n 465 Othei i inay n ifActit i J bl OAFTER COMPLETING THE FRONT SIDE OF FORM CV-71, COMPLETE THE INFORMATION REQUESTED BE LOW.

s .,

CIVIL COVER SHEET American LegalNet, Inc.w w w . Forms Work f low . cornPage



20/20

or San I4is Obispo Countiestract offaid javolyDate Augu st 24, 2010GNATURE OF ATTO RNEY (OR PRO PER):

CIVIL COVER SHEETage 2UNITED STATE S DISTRICT COURT, CENTRAL DISTRICT ( IF CALIFORNIACIVIL COVER SHEET

Has this action been previously filed in this court and dismissed, remanded or closed? El No q Y e s

Have any cases been previously filed in this court that are related to the present case?q No Z YesCV088484if a previously filed case and the present case:

at apply) Z A. Arise from the same or closely related transactions, happenings, or events; orEl B. Cal l for determinat ion of the same or subs tant ia l ly re la ted or s imi lar ques t ions of law and fact ; o rZ C. For other reasons would entail substantial duplication of labor if heard by different judges; or[E] D. Invo lve the same pa ten t , t rademark o r copyr igh t , and one o f t he fac to rs iden t i f ied above in a , b o r c a l so i s p resen t .

en complet ing the fo l lowing informat ion, use an addi t ional sheet i f nece ssary. )this District; California County outside of this District; State if other than California; or Foreign Country, in which EACH named plaintiff resides.

Check here if the government, its agencies or employees is a named plaintiff. If this box is checked, go to item (b).alifornia County outside of this D istr ic t; State, if other than California; or Foreign Co untrythis District; California County outside of this District; State if other than California; or Foreign Country, in which EACH named defendant resides.

Check here if the government, its agencies or employees is a named defendant. If this box is checked, go to item (c).

Arizona

this District; California County outside of this District; State if other than California; or Foreign Country, in which EACH claim arose.Note: In land condemnation cases, use the location of the tract of l and invo lved.California County outside of this D istr ic t; State, if other than California; or Foreign Co untry

Notice to Counsel/Parties: The CV-7l (JS-44) Civil Cover Sheet and the information contained herein neither replace nor supplement the filing and service of pleadingsor o ther papers as required by law. This form, approved by the Ju dicial Conference of the United States in September 1974, is required pursuant to Loc al Rule 3 -1 is not fi ledbu t i s u se d by the Clerk o f t he Cou r t fo r t he pu rpose o f s t a t i s t i cs , venue and in i ti a t ing the c iv i l docke t shee t . (Fo r mo re de ta i l ed ins truc t ions , s ee s epara t e ins t ruc t ions shee t . )ca l codes re l a t ing to Soc ia l Secu r i ty Cases :Nature of Suit Codebbreviationubstantive Statement of Cause of Action861 HIA All claims for health insurance benefits (Medicare) under Title 18, Part A, of the Social Security Act, as amended.Also , inc lude c l a ims by h osp i t a ls , sk i l l ed nu rs ing fac i l it i es , e t c . , fo r cer t i f ica t ion as p rov iders o f s e rv i ces under t heprogram. (42 U.S.C. 1935FF(b))86 2Ll l c l a ims fo r "Black L ung" benef i t s under Ti t l e 4 , Part B, o f t he Fe dera l Coal Mine Heal th and Safe ty Act o f 1969.(30 U.S.C. 923)86 3IW Cl l c l a ims f i led by insu red w orkers fo r d i sab i li ty insu rance benef i t s under Ti t l e 2 o f t he Soc ia l Secu r i ty Act , asamended; plus al l claims fi led for chi ld's insurance benefi ts based on disabi l i ty. (42 U.S.C. 405(g))86 3IW Wl l c l a ims f i led fo r w idows o r widowers insu rance benef i t s based o n di sab i l ity under Ti t l e 2 o f t he Soc ia l Secu r i tyAct, as am ended. (42 U.S.C. 405(g))86 4SI Dl l c l a ims fo r supp lementa l s ecu r i ty income payment s based upon di sab i l ity f i l ed under Ti t l e 16 o f t he Soc ia l Secu r iAct , as amended.865SIl l c la ims for re t i rement (o ld age) and survivors b enef i t s under Ti t l e 2 of the Soc ial Secur i ty Act , as amended. (42U.S.C. (g)) California County outside of this D istr ic t; State, if other than C alifornia; or Foreign C ountry


Hollywood Sues File-Sharing Sites’ Advertising Company

Documents

Rajat Gupta sues SEC

Jay Self Sues Medient Studios

Ocwen Sues Foreclosure Firm

Darren McFadden sues Financial Adviser

Business first network1 sues edit

Marilyn Model Management sues Constance Jablonski

Erick Munoz Sues JPS

· Hollywood THE REPORTER . Hollywood THE REPORTER . Hollywood THE REPORTER

Deanna Cook's Family Sues Dallas

D.C. Government Sues Don Peebles

EEOC sues Honeywell

Slate Sues AG Nathan

N.J. sues oil, gas companies

LULAC Sues Margaret Moran

Sues Complaint

Minnesota ACLU Sues Minnewaska schools

1L Sues Law School

Aereo Sues Broadcasters

GARY KURTZ SUES BEYONCE

Sues Sculptures