Case 2:14-cv-01926 Document 1 Filed 12/18/14 Page 1 of 12 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE DALLAS BUYERS CLUB, LLC, Civil Action No. 14-cv-1926 Plaintiff, COMPLAINT FOR COPYRIGHT INFRINGEMENT v. DOES 1-35, JURY TRIAL REQUESTED Defendants. Plaintiff alleges the following causes of action against Defendants: I. 1. INTRODUCTION Plaintiff Dallas Buyers Club, LLC is a developer and producer of the motion pictures Dallas Buyers Club (“motion picture”). Plaintiff brings this action in an effort to stop Defendants and others from copying and distributing to others unauthorized copies of the Plaintiff’s copyrighted motion picture through the BitTorrent file sharing protocol. Defendants’ infringements allow them and others to unlawfully obtain and distribute unauthorized copyrighted works that the Plaintiff expended significant resources to create. Each time a Defendant unlawfully distributes an unauthorized 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. COMPLAINT - 1 Civil Action No. 14-cv-1926 INIP-6-0011P01 CMP Case 2:14-cv-01926 Document 1 Filed 12/18/14 Page 2 of 12 Thus, a Defendant’s distribution of even a part of an unlawful copy of a motion picture can further the nearly instantaneous worldwide distribution of that single copy to an unlimited number of people. Further, Defendants acts of distributing Plaintiff’s motion picture support, maintain and further a for-profit exploitation of the works of Plaintiff and others. The Plaintiff now seeks redress for this rampant infringement of its exclusive rights. II. 2. JURISDICTION AND VENUE 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.). 3. This Court has jurisdiction under 17 US.C. § 101 et seq.; 28 US.C. § 1331 (federal question); and 28 US.C. § 1338(a) (copyright). 4. Venue in this District is proper under 28 US.C. § 1391(b) and/or 28 U.S.C. §1400(a). Although the true identity of each Defendant is unknown to 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 Plaintiff as exclusive rights owner, distributed and offered to distribute over the Internet copyrighted works for which Plaintiff has exclusive rights. III. A. PARTIES PLAINTIFF DALLAS BUYERS CLUB, LLC AND ITS COPYRIGHT 5. Plaintiff is a limited liability company having a place of business at 2170 Buckthorne Place, Suite 400, The Woodlands, Texas 77380. Plaintiff is engaged in the production of the motion picture known as and entitled “Dallas Buyers Club” for theatrical exhibition, home entertainment and other forms of distribution. 6. Plaintiff is the owner of the exclusive rights under copyright in the United States in Dallas Buyers Club. Dallas Buyers Club been registered with the United States Copyright COMPLAINT - 2 Civil Action No. 14-cv-1926 INIP-6-0011P01 CMP Case 2:14-cv-01926 Document 1 Filed 12/18/14 Page 3 of 12 Office by the author, Dallas Buyers Club, LLC, effective November 13, 2013, and assigned Registration No. PA 1-873-195. (Exhibit A) 7. Under the Copyright Act, Plaintiff is the proprietor of all right, title, and interest in Dallas Buyers Club, including the exclusive rights to reproduce and distribute to the public as well as the right to sue for past infringement. 8. Dallas Buyers Club contains wholly original material that is copyrightable subject matter under the laws of the United States. It is easily discernible as a professional work as it was created using professional performers, directors, cinematographers, lighting technicians, set designers and editors and with professional-grade cameras, lighting and editing equipment. Dallas Buyers Club received six Academy Award nominations including Best Motion Picture of the Year and was awarded Best Performance by an Actor in a Leading Role, Best Performance by an Actor in a Supporting Role and Best Achievement in Makeup and Hairstyling. Prior to its Oscar nominations, the motion picture won two Golden Globe awards for Best Performance by an Actor in a Motion Picture and Best Performance by an Actor in a Supporting Role in a Motion Picture. To date, Dallas Buyers Club has received worldwide critical acclaim and has won at least 67 awards and garnered an additional 33 nominations. (Exhibit B) It has significant value and has been created, produced and lawfully distributed at considerable expense. Dallas Buyers Club is currently offered for sale in commerce, playing in theaters and available for rental and/or purchase from Amazon, iTunes, Netflix and Blockbuster On Demand, among others. 9. Defendants have notice of Plaintiff’s rights through general publication and advertising and more specifically as identified in the content of the motion picture, advertising associated with the motion picture, and all packaging and copies, each of which bore a proper copyright notice. B. DEFENDANTS 10. Upon information and belief, each Defendant copied and distributed Plaintiff’s copyrighted motion picture Dallas Buyers Club. The true names of Defendants are unknown to COMPLAINT - 3 Civil Action No. 14-cv-1926 INIP-6-0011P01 CMP Case 2:14-cv-01926 Document 1 Filed 12/18/14 Page 4 of 12 Plaintiff at this time. Each Defendant is known to Plaintiff only by the Internet Protocol (“IP”) address assigned by an Internet Service Provider (“ISP”) and the date and at the time at which the infringing activity of each Defendant was observed, as explained in detail below. Through geolocation, the IP address used by each Defendant has been traced to the Western District of Washington. Plaintiff believes that information obtained in discovery will lead to the identification of each Defendant’s true name and location and permit Plaintiff to amend the complaint to state the same. 11. In addition, each IP address has also been observed and associated with significant infringing activity and associated with the exchange of multiple other titles on peerto-peer networks. The volume, titles and persistent observed activity associated with each Defendant’s IP address indicates that each Defendant is not a transitory or occasional guest, but is either the primary subscriber of the IP address or someone who resides with the subscriber and is an authorized user of the IP address. The volume of the activity associated with each Defendant’s IP address further indicates that anyone using or observing activity on the IP address would likely be aware of the conduct of Defendant. Also, the volume and titles of the activity associated with each Defendant’s IP address indicates that each Defendant is not a child, but an adult, often with mature distinct tastes. IV. 12. PEER-TO-PEER NETWORKS AND THE BITTORRENT PROTOCOL Defendants are each participants in a peer-to-peer (“P2P”) network using the BitTorrent protocol. The BitTorrent protocol makes even small computers with low bandwidth capable of participating in large data transfers across a P2P network. To begin an exchange, the initial file-provider intentionally elects to share a file with a torrent network. This initial file is called a seed. Other users (“peers”) connect to the network and 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 traditional peer-to-peer network, each new file downloader is receiving a different piece of the data from users who have COMPLAINT - 4 Civil Action No. 14-cv-1926 INIP-6-0011P01 CMP Case 2:14-cv-01926 Document 1 Filed 12/18/14 Page 5 of 12 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 can also be a source of download, and thus distributor for that infringing file. 13. 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. Essentially, because of the nature of the swarm downloads as described above, every infringer is sharing copyrighted material with other infringers. 14. Defendants actions are part of a common design, intention and purpose to hide behind the apparent anonymity provided by the Internet and the BitTorrent technology to download pieces of the copyrighted motion picture in a manner that, but for the investigative technology used by Plaintiff, would be untraceable, leaving the Plaintiff without the ability to enforce its copyright rights. By participating in the “swarm” to download Plaintiff’s copyright motion picture, the Defendants agreed with one another to use the Internet and BitTorrent technology to engage in violation of federal statute to accomplish and unlawful objective. V. COMPUTER FORENSIC IDENTIFICATION OF BITTORRENT INFRINGEMENT 15. Plaintiff has identified each Defendant by the IP address assigned by the ISP used by each Defendant and the date and at the time at which the infringing activity of each Defendant was observed. This is accomplished using forensic software to collect, identify and record the IP addresses in use by those people that employ the BitTorrent protocol to share, copy, reproduce and distribute copyrighted works. 16. More specifically, forensic software is used to scan peer-to-peer networks for the presence of infringing transactions with respect to a particular audiovisual work. Any digital copy of an audiovisual work may be uniquely identified by a unique, coded, string of characters COMPLAINT - 5 Civil Action No. 14-cv-1926 INIP-6-0011P01 CMP Case 2:14-cv-01926 Document 1 Filed 12/18/14 Page 6 of 12 called a “hash checksum.” The hash checksum is a string of alphanumeric characters generated by a mathematical algorithm known as US Secure Hash Algorithm 1 or “SHA-1.” This software facilitates the identification of computers that are used to transmit a copy or a part of a copy of a digital media file identified by a particular hash value by their IP address at a particular date and time. To overcome concerns with spoofing or the like, a direct TCP connection is made to each defendant’s computer. Additional software using geolocation functionality is then used to confirm the geographical location of the computer used in the infringement. Though an IP address alone does not reveal the name or contact information of the account holder, in this case the Doe Defendant, it does reveal the likely general location of the Defendant. IP addresses are distributed to ISPs by public, nonprofit organizations called Regional Internet Registries. These registries assign blocks of IP addresses to ISPs by geographic region. In the United States, these blocks are assigned and tracked by the American Registry of Internet Numbers. Master tables correlating the IP addresses with local regions are maintained by these organizations in a publicly available and searchable format. An IP address’ geographic location can be further narrowed by cross-referencing this information with secondary sources such as data contributed to commercial databases by ISPs. 17. The end result are evidence logs of infringing transactions and the IP addresses of the users responsible for copying and distributing the audiovisual work, here Dallas Buyers Club. The IP addresses, hash value, dates and times, ISP and geolocation contained in Exhibit C correctly reflect the subscribers using the IP addresses and that they were all part of a “swarm” of users that were reproducing, distributing, displaying or performing the copyrighted work. 1 1 In logs kept in the ordinary course of business, ISPs keep track of the IP addresses assigned to their subscribers. Once provided with an IP address, plus the date and time of the detected and documented infringing activity, ISPs can use their subscriber logs to identify the subscriber with more specificity. Only the ISP to whom a particular IP address has been assigned for use by its subscribers can correlate that IP address to a particular subscriber. From time to time, a subscriber of Internet services may be assigned different IP addresses from their ISP. Thus, to correlate a subscriber with an IP address, the ISP also needs to know when the IP address was being used. Unfortunately, many ISPs only retain for a very limited amount of time the information necessary to correlate an IP address to a particular subscriber, making early discovery important. COMPLAINT - 6 Civil Action No. 14-cv-1926 INIP-6-0011P01 CMP Case 2:14-cv-01926 Document 1 Filed 12/18/14 Page 7 of 12 VI. 18. JOINDER Each Defendant is alleged to have committed violations of 17 U.S.C. § 101 et. seq. within the same series of transactions or occurrences (e.g. downloading and distribution of the same copyrighted motion picture owned by Plaintiff) and by using the same means (BitTorrent network). The infringed work was included in one file related to the torrent file; in other words, all of the infringements alleged in this lawsuit arise from the exact same unique copy of Plaintiff’s movie as evidenced by the cryptographic hash value. The Defendants are all part of the exact same “swarm.” Defendants’ acts occurred in the same series of transactions because each Defendant downloaded and/or distributed, or offered to distribute Dallas Buyers Club to other infringers on the network, including the Doe Defendants and/or other network users, who in turn downloaded and/or distributed the motion picture. The temporal proximity of the observed acts of each Defendant, together with the known propensity of BitTorrent participants to actively exchange files continuously for hours and even days, makes it possible that Defendants either directly exchanged the motion picture with each other, or did so through intermediaries and each shared in the distribution of the motion picture to others. Therefore, Defendants each conspired with other infringers on the BitTorrent network to copy and/or distribute Dallas Buyers Club, either in the same transaction or occurrence or a series of transactions or occurrences. 19. To use BitTorrent, a user intentionally downloads a program that they then install on their computer called a “client.” The BitTorrent client is the user’s interface during the downloading/uploading process. The client may be free, supported by advertising, offer upgrades or add on services for a fee, or a combination of several options. Users then intentionally visit a “torrent site” or network site to find media or content available for download, often using a standard web browser. A torrent site is often advertising revenue or subscription supported index of media or content being made available by other users on the network and maintains a listing of movies and television programs among other protected content. A user then uses the torrent COMPLAINT - 7 Civil Action No. 14-cv-1926 INIP-6-0011P01 CMP Case 2:14-cv-01926 Document 1 Filed 12/18/14 Page 8 of 12 site to connect with other users and exchange or “share” content though the BitTorrent protocol often with many users at the same time. 20. Internet piracy, and in particular BitTorrent piracy, though known as peer-to-peer file sharing, is often a for-profit business as many software clients, torrent sites and networks generate millions of dollars in revenue through sales and advertising. To increase the value of the advertising and sometimes subscription access sold by torrent sites, many torrent sites work to expand the pool of available titles and speed of downloads through increasing the number of member peers and thus the desirability of their clients and networks. To accomplish this they reward participants who contribute by giving them faster download speeds, greater access, or other benefits. 21. A significant element of the BitTorrent economic model is that those who participate and download movies not only share and upload movies with others, but participants are often rewarded through various means based on the volume and availability of content participants in turn provide the network. In sum, there is a feedback incentive for participants as they obtain not only the benefit of their pirated copy of a movie, but they obtain other benefits by increasing the availability of pirated content to others. As such there are a growing number of users that participate in peer-to-peer networks and receive personal gain or compensation in that the networks they use reward those who provide large numbers of files for upload to others. 22. The use of BitTorrent does more than cause harm through the theft of intellectual property. The BitTorrent distribution of pirated files is a model of business that profits from theft through sales and advertising and a system of rewards and compensation to the participants, each of whom contribute to and further the enterprise. Each Defendant is a participant in the BitTorrent distribution of pirated files and the substantially similar conduct of each Defendant furthered a model of business that profits from theft of intellectual property including Plaintiff’s motion picture. COMPLAINT - 8 Civil Action No. 14-cv-1926 INIP-6-0011P01 CMP Case 2:14-cv-01926 Document 1 Filed 12/18/14 Page 9 of 12 23. Accordingly, pursuant to Fed.R.Civ.P. 20(a)(2) each of the Defendants is therefore properly joined at least because: (a) the infringement complained of herein by each of the Defendants was part of a series of transactions involving an identical copy of Plaintiff’s copyrighted work; (b) the conduct of each Defendant jointly and collectively supported and advanced an economic business model of profiting from the piracy of Plaintiff’s copyrighted work; (c) there are common questions of law and fact; and (c) each Defendant knowingly and actively participated in a conspiracy to perform an illegal act and/or injure Plaintiff through use of the BitTorrent protocol to infringe Plaintiff’s copyrighted work. 24. Permissive joinder in the instant case is to permit a more efficient management of Plaintiff’s claims against the several Defendants and to reduce the costs to Plaintiff and Defendants and to reduce the costs and burdens on the Court. Notice is provided, that on being specifically identified and on request from an identified Defendant, Plaintiff agrees to sever any Defendant that claims prejudice in being joined in this matter and to proceed against each such Defendant individually. VII. CAUSE OF ACTION—COPYRIGHT INFRINGEMENT 25. Plaintiff realleges the substance of the prior paragraphs. 26. Plaintiff owns the exclusive rights to the commercially released motion picture Dallas Buyers Club, which has significant value and has been acquired, produced and created at considerable expense. 27. At all relevant times Plaintiff has been the holder of the pertinent exclusive rights infringed by Defendants to the copyrighted motion picture Dallas Buyers Club. The motion picture is the subject of a valid Certificate of Copyright Registration. 28. Plaintiff is informed and believes that each Defendant, without the permission or consent of Plaintiff, has used, and continues to use, an online media distribution system to wrongfully misappropriate, reproduce and distribute to the public, including by making available for distribution to others, Dallas Buyers Club. On information and belief, each Defendant COMPLAINT - 9 Civil Action No. 14-cv-1926 INIP-6-0011P01 CMP Case 2:14-cv-01926 Document 1 Filed 12/18/14 Page 10 of 12 participated in a swarm and/or reproduced and/or distributed the same seed file of Dallas Buyers Club in digital form either directly with each other. Plaintiff has identified each Defendant by the IP address assigned to that Defendant by his or her ISP and the date and at the time at which the infringing activity of each Defendant was observed. 29. In addition or in the alternative, Defendants obtained Internet access through an ISP and permitted, facilitated and materially contributed to the extensive use of the Internet through his ISP for infringing Plaintiff’s exclusive rights under The Copyright Act by others. Defendants, with knowledge of the infringing conduct, failed to reasonably secure, police and protect the use of his Internet service against use for improper purposes such as piracy, including the downloading and sharing of Plaintiff’s motion picture by others. Defendants had the right and ability to supervise and control the activity constituting the infringement. 30. In doing so, each Defendant has directly, indirectly and/or contributorily violated Plaintiff’s exclusive rights of at least reproduction, preparation derivative works and distribution. Each Defendant’s actions constitute infringement of Plaintiff’s exclusive rights protected under 17 US.C. § 101 et seq. 31. Dallas Buyers Club contains a copyright notice advising the viewer that the motion picture is protected by the copyright laws. Each of the Defendants’ actions with respect to copyright infringement and other acts described herein were made with full knowledge of Plaintiff’s ownership of the copyrights in the motion picture. 32. 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 the copyrighted motion picture made in violation of the Plaintiff’s copyrights. COMPLAINT - 10 Civil Action No. 14-cv-1926 INIP-6-0011P01 CMP Case 2:14-cv-01926 Document 1 Filed 12/18/14 Page 11 of 12 33. By reason of the foregoing acts, if such remedy is elected at trial, Plaintiff is entitled to statutory damages from Defendants pursuant to 17 USC §504, et seq. Alternatively, at Plaintiff’s election, Plaintiff is entitled to its actual damages incurred as a result of Defendants’ acts of infringement plus any profits of Defendants attributable to the infringements. 34. The foregoing acts of infringement have been willful, intentional, and in disregard of and with indifference to the rights of Plaintiff. 35. As a result of each Defendant’s infringement of Plaintiff’s exclusive rights under copyright, Plaintiff is entitled to its attorneys’ fees and costs pursuant to 17 US.C. § 505. VIII. PRAYER FOR RELIEF WHEREFORE, Plaintiff prays for judgment against each Defendant as follows: A. Pursuant to 17 U.S.C. §502, an order preliminarily and permanently enjoining each Defendant from directly or indirectly infringing Plaintiff’s rights in Dallas Buyers Club and any motion picture, whether now in existence or later created, that is owned or controlled by Plaintiff (“Plaintiff’s motion pictures”), including without limitation by using the Internet to reproduce or copy, distribute or otherwise make available for distribution to the public Plaintiff’s motion pictures, except pursuant to a lawful license or with the express authority of Plaintiff. B. Pursuant to 17 U.S.C. § 503, an order that each Defendant destroy all copies of Plaintiff’s motion pictures that Defendant has downloaded onto any computer hard drive or server without Plaintiff’s authorization and shall destroy all copies of those motion pictures transferred onto any physical medium or device in each Defendant’s possession, custody, or control. C. An order that each Defendant file with this Court and serve on Plaintiff, within 30 days of service of this order, a report in writing under oath setting forth in detail the manner and form in which Defendants have complied with the terms of the ordered relief. D. Pursuant to 17 U.S.C. § 504 or other applicable provision, for actual or statutory damages, at the election of Plaintiff, and a finding of willful infringement. E. Pursuant to 17 U.S.C. § 505, for Plaintiff’s reasonable attorneys’ fees and costs. F. For such other and further relief as the Court deems proper. COMPLAINT - 11 Civil Action No. 14-cv-1926 INIP-6-0011P01 CMP Case 2:14-cv-01926 Document 1 Filed 12/18/14 Page 12 of 12 RESPECTFULLY SUBMITTED this 18th day of December, 2014. s/David A. Lowe, WSBA No. 24,453 [email protected] LOWE GRAHAM JONESPLLC 701 Fifth Avenue, Suite 4800 Seattle, WA 98104 T: 206.381.3300 F: 206.381.3301 Attorneys for Plaintiff Dallas Buyers Club, LLC COMPLAINT - 12 Civil Action No. 14-cv-1926 INIP-6-0011P01 CMP Case 2:14-cv-01926 Document 1-1 Filed 12/18/14 Page 1 of 14 EXHIBIT A Case 2:14-cv-01926 Document 1-1 Filed 12/18/14 Page 2 of 14 Case 2:14-cv-01926 Document 1-1 Filed 12/18/14 Page 3 of 14 Case 2:14-cv-01926 Document 1-1 Filed 12/18/14 Page 4 of 14 EXHIBIT B Case 2:14-cv-01926 Document 1-1 Filed 12/18/14 Page 5 of 14 Case 2:14-cv-01926 Document 1-1 Filed 12/18/14 Page 6 of 14 Case 2:14-cv-01926 Document 1-1 Filed 12/18/14 Page 7 of 14 Case 2:14-cv-01926 Document 1-1 Filed 12/18/14 Page 8 of 14 Case 2:14-cv-01926 Document 1-1 Filed 12/18/14 Page 9 of 14 Case 2:14-cv-01926 Document 1-1 Filed 12/18/14 Page 10 of 14 Case 2:14-cv-01926 Document 1-1 Filed 12/18/14 Page 11 of 14 Case 2:14-cv-01926 Document 1-1 Filed 12/18/14 Page 12 of 14 Case 2:14-cv-01926 Document 1-1 Filed 12/18/14 Page 13 of 14 EXHIBIT C Case 2:14-cv-01926 Document 1-1 Filed 12/18/14 Page 14 of 14 EXHIBIT C No 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 IP Address 98.232.53.39 98.232.70.174 73.53.121.237 50.149.116.242 67.168.255.171 50.170.110.236 24.18.128.62 50.149.82.208 73.53.126.139 67.160.180.229 71.231.24.230 76.121.49.249 76.22.74.108 24.19.231.1 24.19.234.112 67.185.13.43 73.11.153.15 67.160.97.68 98.232.156.105 24.16.105.15 50.149.79.176 50.159.126.43 24.16.167.116 76.104.156.30 73.42.249.24 98.247.203.52 76.121.244.69 76.22.29.139 67.168.142.161 71.227.219.142 76.28.233.75 76.104.160.106 24.21.94.253 50.170.1.50 50.135.70.193 HitDate UTC (mm/dd/yy) 9/21/14 01:56:59 AM 9/5/14 05:14:23 PM 9/5/14 06:35:02 PM 9/6/14 05:04:10 AM 9/8/14 03:13:41 AM 9/19/14 05:01:01 PM 9/28/14 07:19:35 AM 10/3/14 04:58:19 AM 10/13/14 03:05:00 AM 10/13/14 11:54:48 PM 10/21/14 11:33:07 AM 10/24/14 03:19:43 AM 11/1/14 07:40:44 AM 11/3/14 04:29:54 AM 11/11/14 05:30:34 AM 11/18/14 06:39:45 AM 11/20/14 08:59:16 PM 11/21/14 06:15:32 AM 11/23/14 07:02:05 AM 11/24/14 02:05:58 PM 9/15/14 01:51:14 AM 9/18/14 06:29:37 PM 9/20/14 03:46:06 PM 9/21/14 05:06:06 AM 9/28/14 11:46:03 PM 10/8/14 03:03:27 AM 10/10/14 05:36:19 AM 10/10/14 08:11:56 AM 10/11/14 09:17:34 PM 10/16/14 02:11:15 PM 10/20/14 01:02:29 AM 10/30/14 01:19:59 AM 11/18/14 05:29:31 AM 11/19/14 11:19:42 PM 11/26/14 08:30:46 AM File Name Dallas.Buyers.Club.2013.BRRip.XviD.AC3-WAR Dallas.Buyers.Club.2013.BRRip.XviD.AC3-WAR Dallas.Buyers.Club.2013.BRRip.XviD.AC3-WAR Dallas.Buyers.Club.2013.BRRip.XviD.AC3-WAR Dallas.Buyers.Club.2013.BRRip.XviD.AC3-WAR Dallas.Buyers.Club.2013.BRRip.XviD.AC3-WAR Dallas.Buyers.Club.2013.BRRip.XviD.AC3-WAR Dallas.Buyers.Club.2013.BRRip.XviD.AC3-WAR Dallas.Buyers.Club.2013.BRRip.XviD.AC3-WAR Dallas.Buyers.Club.2013.BRRip.XviD.AC3-WAR Dallas.Buyers.Club.2013.BRRip.XviD.AC3-WAR Dallas.Buyers.Club.2013.BRRip.XviD.AC3-WAR Dallas.Buyers.Club.2013.BRRip.XviD.AC3-WAR Dallas.Buyers.Club.2013.BRRip.XviD.AC3-WAR Dallas.Buyers.Club.2013.BRRip.XviD.AC3-WAR Dallas.Buyers.Club.2013.BRRip.XviD.AC3-WAR Dallas.Buyers.Club.2013.BRRip.XviD.AC3-WAR Dallas.Buyers.Club.2013.BRRip.XviD.AC3-WAR Dallas.Buyers.Club.2013.BRRip.XviD.AC3-WAR Dallas.Buyers.Club.2013.BRRip.XviD.AC3-WAR Dallas.Buyers.Club.2013.BRRip.XviD.AC3-WAR Dallas.Buyers.Club.2013.BRRip.XviD.AC3-WAR Dallas.Buyers.Club.2013.BRRip.XviD.AC3-WAR Dallas.Buyers.Club.2013.BRRip.XviD.AC3-WAR Dallas.Buyers.Club.2013.BRRip.XviD.AC3-WAR Dallas.Buyers.Club.2013.BRRip.XviD.AC3-WAR Dallas.Buyers.Club.2013.BRRip.XviD.AC3-WAR Dallas.Buyers.Club.2013.BRRip.XviD.AC3-WAR Dallas.Buyers.Club.2013.BRRip.XviD.AC3-WAR Dallas.Buyers.Club.2013.BRRip.XviD.AC3-WAR Dallas.Buyers.Club.2013.BRRip.XviD.AC3-WAR Dallas.Buyers.Club.2013.BRRip.XviD.AC3-WAR Dallas.Buyers.Club.2013.BRRip.XviD.AC3-WAR Dallas.Buyers.Club.2013.BRRip.XviD.AC3-WAR Dallas.Buyers.Club.2013.BRRip.XviD.AC3-WAR Dallas Buyers Club, LLC v. Does 1-35 File Hash SHA1: 5CD6DC7A993658B0168E3241C090D5EBA269482C SHA1: 5CD6DC7A993658B0168E3241C090D5EBA269482C SHA1: 5CD6DC7A993658B0168E3241C090D5EBA269482C SHA1: 5CD6DC7A993658B0168E3241C090D5EBA269482C SHA1: 5CD6DC7A993658B0168E3241C090D5EBA269482C SHA1: 5CD6DC7A993658B0168E3241C090D5EBA269482C SHA1: 5CD6DC7A993658B0168E3241C090D5EBA269482C SHA1: 5CD6DC7A993658B0168E3241C090D5EBA269482C SHA1: 5CD6DC7A993658B0168E3241C090D5EBA269482C SHA1: 5CD6DC7A993658B0168E3241C090D5EBA269482C SHA1: 5CD6DC7A993658B0168E3241C090D5EBA269482C SHA1: 5CD6DC7A993658B0168E3241C090D5EBA269482C SHA1: 5CD6DC7A993658B0168E3241C090D5EBA269482C SHA1: 5CD6DC7A993658B0168E3241C090D5EBA269482C SHA1: 5CD6DC7A993658B0168E3241C090D5EBA269482C SHA1: 5CD6DC7A993658B0168E3241C090D5EBA269482C SHA1: 5CD6DC7A993658B0168E3241C090D5EBA269482C SHA1: 5CD6DC7A993658B0168E3241C090D5EBA269482C SHA1: 5CD6DC7A993658B0168E3241C090D5EBA269482C SHA1: 5CD6DC7A993658B0168E3241C090D5EBA269482C SHA1: 5CD6DC7A993658B0168E3241C090D5EBA269482C SHA1: 5CD6DC7A993658B0168E3241C090D5EBA269482C SHA1: 5CD6DC7A993658B0168E3241C090D5EBA269482C SHA1: 5CD6DC7A993658B0168E3241C090D5EBA269482C SHA1: 5CD6DC7A993658B0168E3241C090D5EBA269482C SHA1: 5CD6DC7A993658B0168E3241C090D5EBA269482C SHA1: 5CD6DC7A993658B0168E3241C090D5EBA269482C SHA1: 5CD6DC7A993658B0168E3241C090D5EBA269482C SHA1: 5CD6DC7A993658B0168E3241C090D5EBA269482C SHA1: 5CD6DC7A993658B0168E3241C090D5EBA269482C SHA1: 5CD6DC7A993658B0168E3241C090D5EBA269482C SHA1: 5CD6DC7A993658B0168E3241C090D5EBA269482C SHA1: 5CD6DC7A993658B0168E3241C090D5EBA269482C SHA1: 5CD6DC7A993658B0168E3241C090D5EBA269482C SHA1: 5CD6DC7A993658B0168E3241C090D5EBA269482C City Seattle Seattle Bellevue Kirkland Vancouver Seattle Seattle Bremerton Seattle Vancouver Seattle Seattle Seattle Kent Seattle Tacoma Woodinville Bellevue Longview Kent Bremerton Olympia Bremerton Seattle Seattle Bothell Federal Way Seattle Seattle Bellingham Kent Bellevue Vancouver Tacoma Mukilteo Case 2:14-cv-01926 Document 1-2 Filed 12/18/14 Page 1 of 2 JS 44 (Rev. 09/11) CIVIL COVER SHEET The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.) I. (a) PLAINTIFFS DEFENDANTS Dallas Buyers Club, LLC DOES 1-35 (b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant (EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY) IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED. NOTE: (c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known) David A. Lowe, Lowe Graham Jones 701 Fifth Avenue, Suite 4800, Seattle, WA 98104 II. BASIS OF JURISDICTION (Place an “X” in One Box Only) ’ 1 U.S. Government Plaintiff ’ 3 Federal Question (U.S. Government Not a Party) ’ 2 U.S. Government Defendant ’ 4 Diversity (Indicate Citizenship of Parties in Item III) IV. NATURE OF SUIT CONTRACT ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ 110 Insurance 120 Marine 130 Miller Act 140 Negotiable Instrument 150 Recovery of Overpayment & Enforcement of Judgment 151 Medicare Act 152 Recovery of Defaulted Student Loans (Excl. Veterans) 153 Recovery of Overpayment of Veteran’s Benefits 160 Stockholders’ Suits 190 Other Contract 195 Contract Product Liability 196 Franchise ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ V. ORIGIN ’ 1 Original Proceeding (For Diversity Cases Only) PTF Citizen of This State ’ 1 PERSONAL INJURY 310 Airplane 315 Airplane Product Liability 320 Assault, Libel & Slander 330 Federal Employers’ Liability 340 Marine 345 Marine Product Liability 350 Motor Vehicle 355 Motor Vehicle Product Liability 360 Other Personal Injury 362 Personal Injury Med. Malpractice CIVIL RIGHTS 440 Other Civil Rights 441 Voting 442 Employment 443 Housing/ Accommodations 445 Amer. w/Disabilities Employment 446 Amer. w/Disabilities Other 448 Education ’ 2 ’ 2 Incorporated and Principal Place of Business In Another State ’ 5 ’ 5 Citizen or Subject of a Foreign Country ’ 3 ’ 3 Foreign Nation ’ 6 ’ 6 FORFEITURE/PENALTY PERSONAL INJURY ’ 365 Personal Injury Product Liability ’ 367 Health Care/ Pharmaceutical Personal Injury Product Liability ’ 368 Asbestos Personal Injury Product Liability PERSONAL PROPERTY ’ 370 Other Fraud ’ 371 Truth in Lending ’ 380 Other Personal Property Damage ’ 385 Property Damage Product Liability PRISONER PETITIONS ’ 510 Motions to Vacate Sentence Habeas Corpus: ’ 530 General ’ 535 Death Penalty ’ 540 Mandamus & Other ’ 550 Civil Rights ’ 555 Prison Condition ’ 560 Civil Detainee Conditions of Confinement and One Box for Defendant) PTF DEF Incorporated or Principal Place ’ 4 ’ 4 of Business In This State DEF ’ 1 Citizen of Another State (Place an “X” in One Box Only) TORTS ’ REAL PROPERTY 210 Land Condemnation 220 Foreclosure 230 Rent Lease & Ejectment 240 Torts to Land 245 Tort Product Liability 290 All Other Real Property III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff) ’ 625 Drug Related Seizure of Property 21 USC 881 ’ 690 Other BANKRUPTCY ’ 422 Appeal 28 USC 158 ’ 423 Withdrawal 28 USC 157 PROPERTY RIGHTS ’ 820 Copyrights ’ 830 Patent ’ 840 Trademark ’ ’ ’ ’ ’ ’ LABOR 710 Fair Labor Standards Act 720 Labor/Mgmt. Relations 740 Railway Labor Act 751 Family and Medical Leave Act 790 Other Labor Litigation 791 Empl. Ret. Inc. Security Act ’ ’ ’ ’ ’ SOCIAL SECURITY 861 HIA (1395ff) 862 Black Lung (923) 863 DIWC/DIWW (405(g)) 864 SSID Title XVI 865 RSI (405(g)) FEDERAL TAX SUITS ’ 870 Taxes (U.S. Plaintiff or Defendant) ’ 871 IRS—Third Party 26 USC 7609 OTHER STATUTES ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ 375 False Claims Act 400 State Reapportionment 410 Antitrust 430 Banks and Banking 450 Commerce 460 Deportation 470 Racketeer Influenced and Corrupt Organizations 480 Consumer Credit 490 Cable/Sat TV 850 Securities/Commodities/ Exchange 890 Other Statutory Actions 891 Agricultural Acts 893 Environmental Matters 895 Freedom of Information Act 896 Arbitration 899 Administrative Procedure Act/Review or Appeal of Agency Decision 950 Constitutionality of State Statutes IMMIGRATION ’ 462 Naturalization Application ’ 463 Habeas Corpus Alien Detainee (Prisoner Petition) ’ 465 Other Immigration Actions (Place an “X” in One Box Only) Transferred from ’ 2 Removed from ’ 3 Remanded from ’ 4 Reinstated or ’ 5 another district ’ 6 Multidistrict State Court Appellate Court Reopened Litigation (specify) Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity): 17 US.C. § 101 et. seq. VI. CAUSE OF ACTION Brief description of cause: Copyright Infringment DEMAND $ ’ CHECK IF THIS IS A CLASS ACTION VII. REQUESTED IN UNDER F.R.C.P. 23 COMPLAINT: VIII. RELATED CASE(S) (See instructions): JUDGE Richard A. Jones IF ANY DATE CHECK YES only if demanded in complaint: ’ Yes ’ No JURY DEMAND: DOCKET NUMBER 14-1153, 1336, 1402, 1684 SIGNATURE OF ATTORNEY OF RECORD s/David A. Lowe 12/18/2014 FOR OFFICE USE ONLY RECEIPT # AMOUNT Print APPLYING IFP Save As... JUDGE MAG. JUDGE Reset Case 2:14-cv-01926 Document 1-2 Filed 12/18/14 Page 2 of 2 JS 44 Reverse (Rev. 09/11) INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44 Authority For Civil Cover Sheet The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil complaint filed. The attorney filing a case should complete the form as follows: I. (a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then the official, giving both name and title. (b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land condemnation cases, the county of residence of the “defendant” is the location of the tract of land involved.) (c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting in this section “(see attachment)”. II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.C.P., which requires that jurisdictions be shown in pleadings. Place an “X” in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below. United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here. United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an “X” in this box. Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes precedence, and box 1 or 2 should be marked. Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the citizenship of the different parties must be checked. (See Section III below; federal question actions take precedence over diversity cases.) III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this section for each principal party. IV. Nature of Suit. Place an “X” in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is sufficient to enable the deputy clerk or the statistical clerks in the Administrative Office to determine the nature of suit. If the cause fits more than one nature of suit, select the most definitive. V. Origin. Place an “X” in one of the seven boxes. Original Proceedings. (1) Cases which originate in the United States district courts. Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441. When the petition for removal is granted, check this box. Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing date. Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date. Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or multidistrict litigation transfers. Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407. When this box is checked, do not check (5) above. Appeal to District Judge from Magistrate Judgment. (7) Check this box for an appeal from a magistrate judge’s decision. VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service VII. Requested in Complaint. Class Action. Place an “X” in this box if you are filing a class action under Rule 23, F.R.Cv.P. Demand. In this space enter the dollar amount (in thousands of dollars) being demanded or indicate other demand such as a preliminary injunction. Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded. VIII. Related Cases. This section of the JS 44 is used to reference related pending cases if any. If there are related pending cases, insert the docket numbers and the corresponding judge names for such cases. Date and Attorney Signature. Date and sign the civil cover sheet. Case 2:14-cv-01926 Document 1-3 Filed 12/18/14 Page 1 of 1 O AO 121 (6/90) TO: REPORT ON THE FILING OR DETERMINATION OF AN ACTION OR APPEAL REGARDING A COPYRIGHT Register of Copyrights Copyright Office Library of Congress Washington, D.C. 20559 In compliance with the provisions of 17 U.S.C. 508, you are hereby advised that a court action or appeal has been filed on the following copyright(s): G ACTION G APPEAL DOCKET NO. COURT NAME AND LOCATION Western District of Washington DATE FILED 14-cv-1926 12/18/2014 PLAINTIFF DEFENDANT Dallas Buyers Club, LLC DOES 1-35 COPYRIGHT REGISTRATION NO. 1 PA 1-873-195 TITLE OF WORK AUTHOR OR WORK Dallas Buyers Club Dallas Buyers Club, LLC 2 3 4 5 In the above-entitled case, the following copyright(s) have been included: DATE INCLUDED INCLUDED BY G Amendment COPYRIGHT REGISTRATION NO. G Answer G Cross Bill TITLE OF WORK G Other Pleading AUTHOR OF WORK 1 2 3 . In the above-entitled case, a final decision was rendered on the date entered below. A copy of the order or judgment together with the written opinion, if any, of the court is attached. COPY ATTACHED WRITTEN OPINION ATTACHED G Order G Judgment CLERK G Yes G No (BY) DEPUTY CLERK 1) Upon initiation of action, mail copy to Register of Copyrights DATE RENDERED DATE 2) Upon filing of document adding copyright(s), mail copy to Register of Copyrights 3) Upon termination of action, mail copy to Register of Copyrights DISTRIBUTION: 4) In the event of an appeal, forward copy to Appellate Court Print Save As... 5) Case File Copy Reset
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