Malibu Media LLC v Does 1 7 No 12 Cv 14171 (SDFL)

1

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

MALIBU MEDIA, LLC, ) ) Plaintiff, ) Civil Action Case No. ) v. ) ) JOHN DOES 1-7, ) ) Defendants. ) )

COMPLAINT FOR COPYRIGHT INFRINGEMENT

AND DEMAND FOR JURY TRIAL

Plaintiff, Malibu Media, LLC (“Plaintiff”), for its complaint against John Does 1-7

(collectively the “Defendants”) alleges as follows:

Introduction

1. This matter arises under the United States Copyright Act of 1976, as amended, 17

U.S.C. §§ 101 et seq. (the “Copyright Act”).

2. Each of the Defendants copied and distributed most of a website containing 57

movies. This is known as a “siterip.” The file containing the subject website is so large that the

Defendants’ computers must have worked collaboratively with each other through the process

described below for numerous weeks or months to effectuate a complete download and

redistribution of the subject website.1

3. Throughout this Complaint the word “Works” refers to 57 movies contained on

the subject website.

4. Through this suit, Plaintiff alleges each Defendant is liable for:

Direct copyright infringement in violation of 17 U.S.C. §§ 106 and 501; and

1 The hit dates listed in the exhibits are not evidence of when a particular Defendant started the download but are merely evidence of when the investigator’s server recorded an IP address sending a particular piece of data.

Case 2:12-cv-14171-KMM Document 1 Entered on FLSD Docket 05/11/2012 Page 1 of 12

www.torrentlitigation.com

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Contributory copyright infringement.

Jurisdiction And Venue

5. This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C. §

1331 (federal question); and 28 U.S.C. § 1338 (patents, copyrights, trademarks and unfair

competition).

6. As set forth on Exhibit A, each of 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 pursuant to Florida Statute § 48.193(1)-(2), this Court has

personal jurisdiction over each Defendant because each Defendant committed the tortious

conduct alleged in this Complaint in the Southern District of Florida, and (a) each Defendant

resides in the Southern District of Florida, and/or (b) each Defendant has engaged in continuous

and systematic business activity, or has contracted anywhere to supply goods or services in the

Southern District of Florida.

7. Venue is proper in this District pursuant to 28 U.S.C. § 1391(b) and (c), because:

(i) a substantial part of the events or omissions giving rise to the claims occurred in this District;

and, (ii) a Defendant resides (and therefore can be found) in this District and all of the

Defendants reside in this State; additionally, venue is proper in this District pursuant 28 U.S.C. §

1400(a) (venue for copyright cases) because each Defendant or each Defendant’s agent resides

or may be found in this District.

Parties

8. Plaintiff is a limited liability company organized and existing under the laws of

the State of California and has its principal place of business located at 31356 Broad Beach

Road, Malibu, California 90265.

9. Each Doe Defendant is known to Plaintiff only by an IP address. See Exhibit A.



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10. An IP address is a number that is assigned by an Internet Service Provider (an

“ISP”) to devices, such as computers, that are connected to the Internet.

11. The ISP to which each Defendant subscribes can correlate the Defendant’s IP

address to the Defendant’s true identity.

Joinder

12. Pursuant to Fed. R. Civ. P. 20(a)(2), each of the Defendants was properly joined

because, as set forth in more detail below, Plaintiff asserts that: (a) each of the Defendants is

jointly and severally liable for the infringing activities of each of the other Defendants, and (b)

the infringement complained of herein by each of the Defendants was part of a series of

transactions, involving the exact same torrent file containing pieces of Plaintiff’s copyrighted

Works, and was accomplished by the Defendants acting in concert with each other, and (c) there

are common questions of law and fact; indeed, the claims against each of the Defendants are

identical and each of the Defendants used the BitTorrent protocol to infringe Plaintiff’s

copyrighted Works.

Factual Background

I. Plaintiff Owns the Copyright to a Motion Picture

13. Plaintiff has obtained the registration for, or has applied to obtain the registration,

for 16 of the 57 movies contained in the siterip with the United States Copyright Office.

14. An internet screen shot from www.copyright.gov of each Registration, along with

a copy of any pending application for copyright registration, is attached as Composite Exhibit B.

15. The date on which the United States Copyright Office Registered the works and

the date IPP Limited recorded each Defendant’s infringement is set forth on Exhibit C. Exhibit

C demonstrates that each infringement occurred after the registration date.



http://www.copyright.gov/

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II. Defendants Used BitTorrent To Infringe Plaintiff’s Copyright

16. BitTorrent is one of the most common peer-to-peer file sharing protocols (in

other words, set of computer rules) used for distributing large amounts of data; indeed, it has

been estimated that users using the BitTorrent protocol on the internet account for over a quarter

of all internet traffic. The creators and user’s of BitTorrent developed their own lexicon for use

when talking about BitTorrent; a copy of the BitTorrent vocabulary list posted on

www.Wikipedia.com is attached as Exhibit D.

17. The BitTorrent protocol’s popularity stems from its ability to distribute a large file

without creating a heavy load on the source computer and network. In short, to reduce the load

on the source computer, rather than downloading a file from a single source computer (one

computer directly connected to another), the BitTorrent protocol allows users to join a "swarm"

of host computers to download and upload from each other simultaneously (one computer

connected to numerous computers).

A. Each Defendant Installed a BitTorrent Client onto his or her Computer

18. Each Defendant installed a BitTorrent Client onto his or her computer.

19. A BitTorrent “Client” is a software program that implements the BitTorent

protocol. There are numerous such software programs including µTorrent and Vuze, both of

which can be directly downloaded from the internet. See www.utorrent.com and

http://new.vuze-downloads.com/.

20. Once installed on a computer, the BitTorrent “Client” serves as the user’s

interface during the process of uploading and downloading data using the BitTorrent protocol.

B. The Initial Seed, Torrent, Hash and Tracker

21. A BitTorrent user that wants to upload a new file, known as an “initial seeder,”

starts by creating a “torrent” descriptor file using the Client he or she installed onto his or her



5

computer.

22. The Client takes the target computer file, the “initial seed,” here the subject

website containing the copyrighted Works, and divides it into groups of bits known as “pieces.”

23. The Client then gives each one of the computer file’s pieces, in this case, pieces

of the copyrighted Works, a random and unique alphanumeric identifier known as a “hash” and

records these hash identifiers in the torrent file.

24. When another peer later receives a particular piece, the hash identifier for that

piece is compared to the hash identifier recorded in the torrent file for that piece to test that the

piece is error-free. In this way, the hash identifier works like an electronic fingerprint to identify

the source and origin of the piece and that the piece is authentic and uncorrupted.

25. Torrent files also have an "announce" section, which specifies the URL (Uniform

Resource Locator) of a “tracker,” and an "info" section, containing (suggested) names for the

files, their lengths, the piece length used, and the hash identifier for each piece, all of which are

used by Clients on peer computers to verify the integrity of the data they receive.

26. The “tracker” is a computer or set of computers that a torrent file specifies and to

which the torrent file provides peers with the URL address(es).

27. The tracker computer or computers direct a peer user’s computer to other peer

user’s computers that have particular pieces of the file, here the copyrighted Works, on them and

facilitates the exchange of data among the computers.

28. Depending on the BitTorrent Client, a tracker can either be a dedicated computer

(centralized tracking) or each peer can act as a tracker (decentralized tracking).

C. Torrent Sites

29. “Torrent sites” are websites that index torrent files that are currently being made

available for copying and distribution by people using the BitTorrent protocol. There are



http://en.wikipedia.org/wiki/Hash_Function

http://en.wikipedia.org/wiki/Uniform_Resource_Locator

http://en.wikipedia.org/wiki/Hash_code

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numerous torrent websites, including www.TorrentZap.com, www.Btscene.com,

www.ExtraTorrent.com, and www.piratebay.org.

30. Upon information and belief, each Defendant went to a torrent site to upload and

download Plaintiff’s copyrighted Works.

D. Uploading and Downloading Works Through a BitTorrent Swarm

31. Once the initial seeder has created a torrent and uploaded it onto a torrent site then

other peers begin to download and upload the computer file to which the torrent is linked (here

the copyrighted Works) using the BitTorrent protocol and BitTorrent Client that the peers

installed on their computers.

32. The BitTorrent protocol causes the initial seed’s computer to send different pieces

of the computer file, here the copyrighted Works, to the peers seeking to download the computer

file.

33. Once a peer receives a piece of the computer file, here a piece of the Copyrighted

Works, it starts transmitting that piece to the other peers.

34. In this way, all of the peers and seeders are working together in what is called a

“swarm.”

35. Here, each Defendant peer member participated in the same swarm and directly

interacted and communicated with other members of that swarm through digital handshakes, the

passing along of computer instructions, uploading and downloading, and by other types of

transmissions.

36. In this way, and by way of example only, one initial seeder can create a torrent

that breaks a movie up into hundreds or thousands of pieces saved in the form of a computer file,

like the Works here, upload the torrent onto a torrent site, and deliver a different piece of the



http://www.extratorrent.com/

http://www.piratebay.org/

7

copyrighted work to each of the peers. The recipient peers then automatically begin delivering

the piece they just received to the other peers in the same swarm.

37. Once a peer, here a Defendant, has downloaded the full file, the BitTorrent Client

reassembles the pieces and the peer is able to view the movie.

E. Plaintiff’s Computer Investigators Identified Each of the Defendants’ IP Addresses as Participants in a Swarm That Was Distributing Plaintiff’s Copyrighted Works

38. Plaintiff retained IPP, Limited (“IPP”) to identify the IP addresses that are being

used by those people that are using the BitTorrent protocol and the internet to reproduce,

distribute, display or perform Plaintiffs’ copyrighted works.

39. IPP used forensic software named INTERNATIONAL IPTRACKER v1.2.1 and

related technology enabling the scanning of peer-to-peer networks for the presence of infringing

transactions.

40. IPP extracted the resulting data emanating from the investigation, reviewed the

evidence logs, and isolated the transactions and the IP addresses associated therewith for the file

identified by the SHA-1 hash value of 121AC0B46088E7C235A23D4379BE65A1840E9B77

(the “Unique Hash Number”).

41. The IP addresses, Unique Hash Number and hit dates contained on Exhibit A

accurately reflect what is contained in the evidence logs, and show:

(A) Each Defendant had copied a piece of Plaintiff’s copyrighted Works identified by

the Unique Hash Number; and

(B) Therefore, each Defendant was part of the same series of transactions.

42. Through each of the transactions, each of the Defendant’s computers used their

identified IP addresses to connect to the investigative server from a computer in this District in

order to transmit a full copy, or a portion thereof, of a digital media file identified by the Unique



8

Hash Number.

43. IPP’s agent analyzed each BitTorrent “piece” distributed by each IP address

listed on Exhibit A and verified that re-assemblage of the pieces using a BitTorrent Client results

in a fully playable digital motion picture of the Works.

44. IPP’s agent viewed the Works side-by-side with the digital media file that

correlates to the Unique Hash Number and determined that they were identical, strikingly similar

or substantially similar.

Miscellaneous

45. All conditions precedent to bringing this action have occurred or been waived.

46. Plaintiff retained counsel to represent it in this matter and is obligated to pay said

counsel a reasonable fee for its services.

COUNT I

Direct Infringement Against Does 1-7

47. The allegations contained in paragraphs 1-46 are hereby re-alleged as if fully set

forth herein.

48. Plaintiff is the owner of the copyrights for the Works, each of which contains an

original work of authorship.

49. By using the BitTorrent protocol and a BitTorrent Client and the processes

described above, each Defendant copied the constituent elements of the Works that are original.

50. Plaintiff did not authorize, permit or consent to Defendants’ copying of its Works.

51. As a result of the foregoing, each Defendant violated Plaintiff’s exclusive right to:

(A) Reproduce the Works in copies, in violation of 17 U.S.C. §§ 106(1) and 501;

(B) Redistribute copies of the Works to the public by sale or other transfer of

ownership, or by rental, lease or lending, in violation of 17 U.S.C. §§ 106(3) and 501;



9

(C) Perform the copyrighted Works, in violation of 17 U.S.C. §§ 106(4) and 501, by

showing the Works’ images in any sequence and/or by making the sounds accompanying the

Works audible and transmitting said performance of the Works, by means of a device or process,

to members of the public capable of receiving the display (as set forth in 17 U.S.C. § 101’s

definitions of “perform” and “publically” perform); and

(D) Display the copyrighted Works, in violation of 17 U.S.C. §§ 106(5) and 501, by

showing individual images of the Works nonsequentially and transmitting said display of the

Works by means of a device or process to members of the public capable of receiving the display

(as set forth in 17 U.S.C. § 101’s definition of “publically” display).

52. Each of the Defendants’ infringements was committed “willfully” within the

meaning of 17 U.S.C. § 504(c)(2).

53. Plaintiff has suffered actual damages that were proximately caused by each of the

Defendants including lost sales, price erosion and a diminution of the value of its copyrights.

WHEREFORE, Plaintiff respectfully requests that the Court:

(A) Permanently enjoin each Defendant and all other persons who are in active

concert or participation with each Defendant from continuing to infringe Plaintiff’s copyrighted

Works;

(B) Order that each Defendant delete and permanently remove the torrent file relating

to Plaintiff’s copyrighted Works from each of the computers under each such Defendant’s

possession, custody or control;

(C) Order that each Defendant delete and permanently remove the copy of the Works

each Defendant has on the computers under Defendant’s possession, custody or control;

(D) Award Plaintiff the greater of: (i) statutory damages in the amount of $150,000

per Defendant, per registered Work infringed, pursuant to 17 U.S.C. § 504-(a) and (c), or (ii)



10

Plaintiff’s actual damages and any additional profits of the Defendant pursuant to 17 U.S.C. §

504-(a)-(b);

(E) Award Plaintiff its reasonable attorneys’ fees and costs pursuant to 17 U.S.C. §

505; and

(F) Grant Plaintiff any other and further relief this Court deems just and proper.

COUNT II

Contributory Infringement Against Does 1-7

54. The allegations contained in paragraphs 1-46 are hereby re-alleged as if fully set

forth herein.

55. Plaintiff is the owner of the copyrights for the Works, each of which contains an

original work of authorship.

56. By using the BitTorrent protocol and a BitTorrent Client and the processes

described above, each Defendant copied the constituent elements of each of the Works that are

original.

57. By participating in the BitTorrent swarm with the other Defendants, each

Defendant induced, caused or materially contributed to the infringing conduct of each other

Defendant.

58. Plaintiff did not authorize, permit or consent to Defendants’ inducing, causing or

materially contributing to the infringing conduct of each other Defendant.

59. Each Defendant knew or should have known that other BitTorrent users, here the

other Defendants, would become members of a swarm with Defendant.

60. Each Defendant knew or should have known that other BitTorrent users in a

swarm with it, here the other Defendants, were directly infringing Plaintiff’s copyrighted Works

by copying constituent elements of the Works that are original.



11

61. Indeed, each Defendant directly participated in and therefore materially

contributed to each other Defendant’s infringing activities.

62. Each of the Defendants’ contributory infringements were committed “willfully”

within the meaning of 17 U.S.C. § 504(c)(2).

63. Plaintiff has suffered actual damages that were proximately caused by each of the

Defendants including lost sales, price erosion, and a diminution of the value of its copyright.

WHEREFORE, Plaintiff respectfully requests that the Court:

(A) Permanently enjoin each Defendant and all other persons who are in active

concert or participation with each Defendant from continuing to infringe Plaintiff’s copyrighted

Works;

(B) Order that each Defendant delete and permanently remove the torrent file relating

to Plaintiff’s copyrighted Works from each of the computers under each such Defendant’s

possession, custody or control;

(C) Order that each Defendant delete and permanently remove the copy of the Works

each Defendant has on the computers under Defendant’s possession, custody or control;

(D) Find that each Defendant is jointly and severally liable for the direct infringement

of each other Defendant;

(E) Award Plaintiff the greater of: (i) statutory damages in the amount of $150,000

per Defendant, per registered Work infringed, pursuant to 17 U.S.C. § 504-(a) and (c), or (ii)

Plaintiff’s actual damages and any additional profits of the Defendant pursuant to 17 U.S.C. §

504-(a)-(b);

(F) Award Plaintiff its reasonable attorneys’ fees and costs pursuant to 17 U.S.C. §

505; and

(G) Grant Plaintiff any other and further relief this Court deems just and proper.



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DEMAND FOR A JURY TRIAL

Plaintiff hereby demands a trial by jury on all issues so triable.

Respectfully submitted, By: /s/ M. Keith Lipscomb M. Keith Lipscomb (429554) [email protected] LIPSCOMB EISENBERG & BAKER, PL 2 South Biscayne Blvd. Penthouse 3800 Miami, FL 33131 Telephone: (786) 431-2228 Facsimile: (786) 431-2229 Attorneys for Plaintiff



••JS 44 (Rev. 2108) CIVIL COVER SHEET The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the fi ling 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 usc of the Clerk of Court for the purpose ofmit iating the civil docket sheet. (SEE INSTRUCTIONS ON TilE REVERSE OF THE FORM .) NOTICE: Attorn eys MlJST Indicate All Re-filed C ases Below.

I. (a) PLA I NTIFFS

MALIDU MEDIA, LLC

D EFEN DA NTS

JOHN DOES 1-7

(b) County of Residence of First Listed Plaintiff Los Angeles County (EXC EPT IN U.S. PLAINTIFF CASES)

County of Residence of First Listed Defendant Martin County (IN U.S. PLAI NTIFF CASES ONLY)

{c) Attorney's (Fi rm N:~mc, Address, a nd Telephone Number) NOTE: IN LAND CONDEMNATION CASES. USE THE LOCATION OF THE TRACT LAND INVOLVED.

Lipscomb, Eisenberg & Baker, PL, 2 S. Biscayne Boulevard, Penthouse 3800, Miami, FL 33 13 1, (786) 431-2228 Allomeys (lrKnown)

(d) Check County Where Action Arose- 0 MIAMI· DADE 0 MONROE 0 BROWA RD 0 PALM DEACH ./J MARTrN 0 ST. LUCIE 0 IN DIAN RIVER 0 OKEECHOBEE HIGHLANDS

II. BASIS OF J U RISDICTION (Pioccan··x··in OncDoxOnly) Ill. CITIZENSHIP OF PRINCIPAL PARTIES crlaccon -x" in OncBoxrorPtaintirr

.;o I U.S. Government 0 J Federal Ques tion Pla inti ff (U.S. Government Nol l\ Pnrty)

0 2 U .S. Govern ment 0 4 Divers by D cfcndent

(Ind icate Citizens h ip o f Pa rties in Item fll )

A IV N TURE OF SU IT (Place an -x" in One Box Only)

CONTRA CT TORTS

0 I I 0 Insurance PERSONAL INJURY PERSONAL INJURY 0 120 Marine 0 3 10Airp lllne 0 J62 Personal Injury · 0 130 Miller Act 0 3 15 Airplane Product M ed. Malpnetiee 0 140 Negotiable Instrument Liabi lity 0 36S Pcn:ona l Inju ry • 0 ISO Recovery of Overpayment 0 }20 ASSI UII , Libel & Pro duct Liabilily

& Enforcement of Judgment Slander 0 3 68 Asbes tos Person•! 0 IS I Medicare Ac t 0 330 Federa l Employers' Injury Product 0 I !52 Recovery o f Ocft~u llcd Linbility Liability

Studc n1 Loans 0 340 Muinc PERSONA L PROPEitTY (E,.cl. Veterans) 0 }45 M u inc Produce 0 370 Other Fnud

0 I ~3 Recovery of Overp:~ymen t liability 0 371 Trulh in Lcndina ofVete r11n's Benefits 0 3SO Mo1or Vehicle 0 380 Other Pe rsonal

0 160 Stockho ld ers' Suits 0 35~ MotorVchiclc Propert y Oanucc 0 190 Other Contrnct Prolluct Li:~.bil ity 0 J8S Pro perly Da mage

0 19!5 Controcr Product Linbility 0 360 Other Personal Product Linb illly 0 196 Franchise ln· ury

REAL PROPERTY CIVIl. RIGHTS PRISONER PETIT IONS 0 210 Land Condemna tion 0 44 1 Votinc 0 510 Mo tions to V ocate 0 220 Forec losure .:J 442 Employment Sentence 0 230 Ren t Letse &. Ejectment 0 443 II outing/ I Iabus Cor pus: 0 240 T orts 10 La nd Accon•modutions 0 ~30 Genera l 0 24~ Tort Produc t Linbility 0 444 Welfare 0 S3S D eath Pc1wl1y

0 290 All Other Rcal l,ro pe rt y O 445 Amcr. w/O isabilitics

Employment ·o 540 Mandamus&.. Other

0 446 Amer. w/Diubilitics Other

·o $SO Civil Righ11

0 440 Other C ivil Rights 0 S5!5 Prison Condilion

(For Oivcrsi1y Ca.scs Only)

PTF Ci tize n of This Sta te 0

Ci tizen of Another State 0

Citizen o r Subject of a 0

FORFEIT REIPF.NALTY

0 6 10 Agricu lture 0 0 620 Other Food & Drug 0 0 62S Drua Rchucd Seizure

or Properly 21 USC 881 0 630 Liquor Laws 0 640 R.R. & Truck Jil 0 650 Air line Rccs. 0 0 660 Occupu lio no.l 0

Safctylll cnllh 0 690 Other

ROR 0 7 10 Fair l t bor Slilndards 0

Act 0 0 720 Labor/M gm1. Relations 0 0 730 LnboriM umt.Rcport lnu 0

&. D isclosure Act 0 0 740 Railwoy l t bor Act

0 790 Other Lt bor Litigation 0 0 791 Em pl. Ret. Inc. Seeurit

Act 0

1M

0 462 Nnturalizntion AJ>rllicat lon

0 463 llabeu Corpus -Alien Detainee

0 46S Other lmmigntion Actions

and O ne Box for Ocfendanr) DEF PTF DEF 0 I lncorpor.:tted or Jlrine:ipal Place 0 0 4

of Ousincss In This S t i le

0 Incorporated and Principe I Place ofDus iecss In Another Sta te

0 0 '

0 Foreign Nuion 0 0 6

BANKR~Y OTHF. A ~>'ATUTF.S

422 Appcal28 USC 1$8 0 400 State R eapportionmcnt 423 W ithdraw11 0 4 10 Antitrust

28 usc 1$7 0 430 Banks and Oanking 0 4SO Commerce

PR OPER rY RIG UTS 0 460 Deportation 820 Copyrights 0 470 Racketeer Influenced and 830 Patent Corrupt O rgonizations 840 Tr-.dcnuuk 0 480 Consumer Credi t

0 490 Coblc/SII TV 0 810 Selec tive Service

SOCIAL Sr. UR ITY 0 8SO Securilies/Commoditiesl 861 utA (IJ9srn Exchange 862 Block Lung (92J) 0 87S C us tomer C hallenge 86J DIWC/DIWW (403(8)) 12 usc J4 10 864 SS ID Tille XV I 0 890 Other S tatutory Actions 86$ RSI (40S(g)) 0 89 1 Agriculturo l Acts FEDERAL TAX SUITS 0 892 Cconon, ic Stabiliza tio n Acl 870 Taxes (U.S. Plainti ff 0 893 Environmenta l Matters

or Defend :ant) 0 894 Energy A llocttion Act 871 IRS-Third Parly 0

89S Freedom o f Informa tion Act 26 usc 7609 0 900 Appcnl of Fcc Dc tc rrn in~t t i on

Under Equal Access 10 Justice

0 9!50 ConUiluliona lity of Sta te

Statutes

V. ORIG IN .fJ I Original

Proceeding

(Place :1n ··x·· in One Uox Only)

0 2 Removed from 0 3 State Court

Re-fi lcd· 0 (see VI below)

4 Reinstated or 0 Reopened

Transferred from 5 another district

(specify) 0 6 Multidistrict

Litigation 0 7

Appeal to District Judge from Magis trate Jud mcnt

V I. R E LA TED/RE-FILED CASE(S).

(Sec instrucl io ns second page):

n) Re-tiled Case 0 YES ,jlJ NO

JUDGE

b) Related Cases 0 YES ~NO

DOCKET NUMBER

Cite the U.S. Civil Statute under which you arc fil ing and Write a Brief Statement of Cause (Do not cite jurisdictional statutes unless diversi ty):

VII. CAUSE OF ACTION 17 U.S.C. § 101 -Copyright Infringement

V III. R EQUESTED IN

COM P LA INT:

LENGTil OF TRIAL via _L_ days est imated (for both sides to try entire case)

0 CIIECK IF THIS IS A CLASS ACTION DEMANDS UNDER F.R.C.P. 23 ,000.

ABOVE INFORMATION IS TRUE & CORRECT TO T HE BEST OF MY KNOWLEDGE

CHECK YES only if demanded in complaint:

JURY DEMAND: ¢ Yes 0 No

DATE

5-FOR OFFICE USE ONLY

AMO UNT RECE IPT M IFP

Case 2:12-cv-14171-KMM Document 1-1 Entered on FLSD Docket 05/11/2012 Page 1 of 1


EXHIBIT A SFL10

SHA-1 Hash: 121AC0B46088E7C235A23D4379BE65A1840E9B77 Title X-Art Siterip #1 Rights Owner: Malibu Media

DOE# IP Hit date (UTC) City State ISP Network

1 50.138.57.36 4/15/2012

7:49 Stuart FL Comcast Cable BitTorrent

2 66.229.146.71 3/11/2012

10:57 Lake Worth FL Comcast Cable BitTorrent

3 76.108.73.139 4/11/2012

15:38 Boynton Beach FL Comcast Cable BitTorrent

4 76.109.134.200 2/21/2012

10:21 Delray Beach FL Comcast Cable BitTorrent

5 76.110.81.133 4/29/2012

8:28 Palm Beach Gardens FL Comcast Cable BitTorrent

6 76.110.84.31 4/29/2012

2:47 Palm Beach Gardens FL Comcast Cable BitTorrent

7 98.219.94.195 4/18/2012

0:26 Boca Raton FL Comcast Cable BitTorrent



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Type of Work: Motion Picture

R egistration N umber I Date: PA0001762079 / 2011-ll -21

Application Title : Car lie Beautiful Blowjob .

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D escription: Electronic file (eService)

Copyright Claimant: Malibu Media LLC. Address: 3 1356 Broad Beach Rd, Malibu, CA, 90265.

Date of Creation: 2010

Date of Publication: 20 l 0-03-26

Nation of F irst Publication: United States

Authorship on Application: Malibu Media LLC, employer for hire; Domicile: United States; Citizenship: United States. Authorship: entire motion picture.

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Description: Electronic file (eService)

Copyright Oai.mant: Malibu Media LLC. Address: 31356 Broad Beach Rd, Malibu, CA, 90265.

Date of Creation: 201 0

Date ofPublication: 2010-03-22

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Authorship on Application: Malibu Media LLC, employer for hire; Domicile: United States; Citizenship: United States. Authorship: entire 1notion pictw"e.

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*-APPLICATION-*

Title----------------------------Title of Work: The Girl in My Shower

Completion/Publication ---------------------Year of Completion: 2009

Dnte of 1s t Publication: October 23, 2009 Nation of 1st Publication: United States

Author • Author: Malibu Media LLC

Author Cl'eated: entire motion picture

Work made for hire: Yes

C itizen of: United States Domiciled in: United States

Copyright claimant Copyright C laimant : Malibu Media LLC

31356 Broad Beach Rd, Malibu. CA, 90265

Certification Name: Emilie Kennedy

D11tc: March 30, 20 12

J>age 1 of 1



Registra tion #:

Service Request#: 1-745923182

Priority: Routine

Correspondent

AJ>plicntion Dute: March 30,2012 08:46:22 PM

Organization Name: Lipscomb, Eisenberg & Baker

Name: F.mi)ie Kennedy

Mail Certificate

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Malibu Media LLC Brigham Field 31356 Broad Heach Rd

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EXHIBIT C SFL10

Doe #1

Title Date First Pub Regis Date Infringement Date

Carlie Beautiful Blowjob 03/26/2010 11/21/2011 04/15/2012 07:49:29

Carlie Big Toy Orgasm 03/22/2010 02/21/2012 04/15/2012 07:49:29

Carlie Leila Strawberries and Wine 05/07/2010 11/18/2011 04/15/2012 07:49:29

Daddy's Office 11/12/2010 02/21/2012 04/15/2012 07:49:29

Jennifer Naughty Angel 11/05/2010 02/21/2012 04/15/2012 07:49:29

Just the Two of Us 11/18/2011 03/18/2012 04/15/2012 07:49:29

Kat Translucence 11/20/2009 11/19/2011 04/15/2012 07:49:29

Katka Cum Like Crazy 07/07/2010 11/21/2011 04/15/2012 07:49:29

Katka Sweet Surprise 08/04/2010 11/18/2011 04/15/2012 07:49:29

Kristen Girl Next Door 08/25/2010 11/18/2011 04/15/2012 07:49:29

Leila Sex on the Beach 12/22/2010 11/21/2011 04/15/2012 07:49:29

Megan Morning Bath 02/12/2010 11/18/2011 04/15/2012 07:49:29

Mina's Fantasy 06/25/2010 11/23/2011 04/15/2012 07:49:29

The Girl in My Shower 10/23/2009 03/30/2012 04/15/2012 07:49:29

Tiffany Teenagers in Love 12/29/2010 11/20/2011 04/15/2012 07:49:29

Tori The Endless Orgasm 10/20/2010 11/18/2011 04/15/2012 07:49:29

Total Statutory Copyright Infringements for Doe #1: 16



EXHIBIT C SFL10

Doe #2





Daddy's Office 11/12/2010 02/21/2012 03/11/2012 10:57:20








Mina's Fantasy 06/25/2010 11/23/2011 03/11/2012 10:57:20






EXHIBIT C SFL10

Doe #3





Daddy's Office 11/12/2010 02/21/2012 04/11/2012 15:38:34


Just the Two of Us 11/18/2011 03/18/2012 04/11/2012 15:38:34







Mina's Fantasy 06/25/2010 11/23/2011 04/11/2012 15:38:34







EXHIBIT C SFL10

Doe #4





Daddy's Office 11/12/2010 02/21/2012 02/21/2012 10:21:18








Mina's Fantasy 06/25/2010 11/23/2011 02/21/2012 10:21:18






EXHIBIT C SFL10

Doe #5





Daddy's Office 11/12/2010 02/21/2012 04/29/2012 08:28:28


Just the Two of Us 11/18/2011 03/18/2012 04/29/2012 08:28:28







Mina's Fantasy 06/25/2010 11/23/2011 04/29/2012 08:28:28







EXHIBIT C SFL10

Doe #6





Daddy's Office 11/12/2010 02/21/2012 04/29/2012 02:47:32


Just the Two of Us 11/18/2011 03/18/2012 04/29/2012 02:47:32







Mina's Fantasy 06/25/2010 11/23/2011 04/29/2012 02:47:32







EXHIBIT C SFL10

Doe #7





Daddy's Office 11/12/2010 02/21/2012 04/18/2012 00:26:09


Just the Two of Us 11/18/2011 03/18/2012 04/18/2012 00:26:09







Mina's Fantasy 06/25/2010 11/23/2011 04/18/2012 00:26:09







BitTorrent vocabulary- Wikipedia, the free encyclopedia Page 1 of5

BitTorrent vocabulary From Wlkipedia, the free encyclopedia ·

· ~edirected from Terminology ofBitTorrent)

This list explains terms used when discussing BitTorrent clients, and in particular the BitTo:rrent ·protocol tlsed by these clieirts.

· Common BitTorrent terms . . .

Announce

Same as »scrape it (see below), but a client also announces that it wants to join the swarm and that the server should add it i9 the list of peers in that~

.A-vaila~ility

' . {Also known as distn.Ou.ted copies.) The number o~ full copies of the file available to the client. .Each seed adds 1.0 to this num~ as they have one complete copy of the file. A connected peer With a fraction of the file available adds that fraction tO the availability, if nc other peer has this part of the file. ·

· Example: a peer with 653% of the file downloaded increases the availability by 0.653. However, if two peers both have the same portion of the file downloaded- say 50% - and there is only one seeder, the availability is 1.5.

Choked

Descnl>es a peer to whom the client refuses tO send file pieces. A cli~t chokes another client in several situations:

• The second client is a seed, in which~ it does ~ot want any pieces {i.e., it is completely uninterested) .

\ i I· f·

I

• The client is already uploading a:t its full capacity {it has reached the value of max_ uploads) ·'

• The second client has been blacklisted for being abusive or is using a blacklisted BitTorrent client.

Client

·' .• .

. :; ~

The program that enables p2p file sharing via the Bit Torrent protoc<?L Exam.]?les of clients include p.Torrentand Vuze.

Downloader

A downloader is any peer that does not have the entire file and is downloading the :file. This t~ · used in Bram Cohen's Python implementation, lacks the negative cOnnotation attn"buted to leech. Brani prefers downloader to leech because BitTorrent's tit-for-tat ensures downloa4ers also wload and thus do not unfairly qriaiify as leeches.

EXHIBITD

-btw://en.~a.orglwiki!Teiroinology _of_BitTorrent .:JlUI-4-Ull

\.



BitT orrent vocabulary - Wikipedia, the free encyclopedia Page2of5

EndGame

· Bitto:rrent has a couple of download strategies for .initializing a download, downloading normally among the middle of the torrent ai:l.d downloading the last few pieces {see below) of a·torrent. Typically, the last download pieces arrive more slowly $an the others since the faster and more easily accessible pieces should have already been obtained, so to·prevent ~the BitT arrent client attempts to get the last missing pieces from all of its peers. Upon receiving a piece, a cancel request command is sent to other peers.

Fake

A fake torrent is a torrent that does not contain what is specified in its name ordescripti.on(i.e. a torrent is said. to contain a video, but it contains only a-snapshot of a moment in the video, or in some cases a virus). ·

Hash

[: [: l

j·

i

The hash is a string of alphanumeric characters in the .torrent file tha~ the client uses to verify the ·data that is being transferred. It contains information like the file list, sizes, pi~ etc. Every piece received is first checked against the hash. If it fails verification, the data is discarded and .. · requested again. The 'Hash FSils' field in the torrent's General tab shows the number of "these hash fails. .

Hash checks greatly reduce the chance that invalid data is incorrectly identified as valid by the BitTorrent client, but it is still possible fur invalid data to have the same hash value as the valid data and be treated as such. Ibis is known as a hash collision.

Health is shown in a bar or in% usnally next to the torrents name and size, on the site where the . t-orrent file is hosted. It shows if all pieces of the torrent are, available tO download (i.e. 50% means that only half of the torrent is available).

Index

An index is a list of .torrent files (usually including descriptions and other information) managed by a website and available for searches. An index website can also be a tracker.

Interested

Describes a downloader who wishes to obtain pieces of a file the client has. For example, the uploading client would flag a downloading client as •mterested' if that client did not possess a piece that it did, and wished to obtain it.

Leech

..

A leech is a term with. two meanings. Usually it is used to refer a peer who has a negative effect on the swarm by having a very poor share ratio (downloading much more than they upload). Most leeches are users on asymmetric internet connections and d? not leave their BitTorrent client open

httn:/fetiwikinedia.orWwildJTemrinoloJzy of BitTorrent 3/6/2011



BitTorreni vocabulary - Wikipedia, the free encyclopedia ·Page 3 of5

to seed the file after their download has completed. However, some leeches intentionally avoid uploading by using modified clients or excessively limiting their upload speed. The often used second meaning of leech is synonymous With dawnloader (see above): used simply to de$crlbe a peer or any client iha.t does not have 100% of the data. This alternative meaning was mainly introduced by most BitTorrent tracker sites.

Lurker

p2p

A lurker is a user that only downloads files frOm the group but does not add new content. It does not necessarily mean that the lurker will not seed. Not to be confused with a.leecher.

Stands for rrpeerto peer", which is ttie technology used for file sharing among computer users over the.lnternet In a p2p network, each node (or computer on the network) acts as both a client and a

· server. In other words, each computer is capable of both sending and receiving data.

Peer -

A peer is one instance of a BitTorrent client ~g ~m a computer on~ futemet to which other clients connect and transfer data- Usually a peer does not have the complete file, but only parts of it. However, in the colloquial definition, "peern can be used to refer to any participant in. the· swarm (m this case, ifs synonymous with "client").

Piece

This refers to the torrented files being divided up into equal specifk sized pieces (e.g. 512Kb, 1Mb). The pieces are distnouted in a random fashion among peers in order to optin:iize trading efficiency.

Ratio credit

-A ratia eredit, also known as upload credit or ratio economy~ is a currency system used on a number of private trackers to provide an incentive for higher upload/download ratios among member file-sharers_ In such a sy~em, those users who have greater amounts ofbandwi~ bard drive space (particularly seedbOies) Qr idle computer uptime are at a greater advantage to accumulate ratio credits versus th~sy-who are ~g :in any one or more oftli.e same resources.

: :·

Scrape

This is when a client sends a request to the tracking server for information about the statistics of 1he torrent, such as with whom to share the file and how well those other users are sharini

Seeder

A seeder is a peer that has an entire copy of the torrent and offers it for upload. The more seeders there are, the better the chances of getting a higher download speed. If the seeder seeds the whole copy of the download, they should get faster downloads.

htto://en.wilipediaorWwilcifferminology _of_BitTorrent 3/6/20-11

I I· I



BitTor:rent vocabulary - Wikipedia, the free encyclopedia Page4of5

Share ratio

A user's share ratio for any lndividual totrent is a number determined by dividing the amount of data that user has uploaded by the amount of data they have downloaded. Final share ratios over 1 carry a positive connotation in the BitTorrent comm:unizy, because they indjcate that the user has sent more data to other users than they received. Likewise, share ratios -qnder 1 hav~ negative connotation.

Snubbed

An uploading client is flagged as snubbedif1he downloading client has not received any data :from it in over 60 seconds.

Super-seeding

When a file is new, m~h time can be wasted because the seeding client might send the same file piece to many diff~tpeers, while other pieces hav~ not yet been downloaded at all Some

· clien~ like ABC, Vuze, BitTornado, TorrentStonn, and ~-tTorrent have a "super-seed" mode, where they 1cy to only ®nd out pieces that have never been ~nt out ~fore~ ~retically making

_ 1he initial propagation of the :file much faster. However the super-seeding-becomes substantially less effective and may even reduce performance compared 1D the normal ~.arest~" model in cases where some peers have poor or limited connectivity. This mode is generally used only for a

. new torrent, or one which must be re-seeded because no other seeds are available.

Swarm

Main article: segmented downloading

Together, all peers (mcludil,lg seeders) sharing a torrent are called a swarm. For example, six. ordinary peers and two seeders make a swarm of eight

Torrent

A rorrent can mean either a . torrent metadata file or ail files descnDed by it, depending on context. nie torrent file contains metadata about all the files it makes downloadable, including their names and sizes and checksums of all pieces in the torrent. It also contains the addreS$. of a tracker that coordinates communication between the peers :in the swarm.

.... ·-'::

Tracker

A tracker is a server that keeps track of which seeds and peers are in the swarm.. Clients report information to the tracker periodically and in exchange, receive infoimation about other clients tO which they can connect The tracker is not directly involved in the data transfer and does not have a cOpy of the file.

See also

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. Categories: BitTorrent I Lexis.

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