hurt locker 1-24583 addresses

8/6/2019 Hurt Locker 1-24583 Addresses

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UNITED STATES DISTRICT COURT FOR THE

DISTRICT OF COLUMBIA

VOLTAGE PICTURES, LLC )

)

Plaintiff, ))

v. ) CA. 1:10-cv-00873-BAH

)

and DOES 1 24,583 )

)

Defendants. )

_______________________________________)

FIRST AMENDED COMPLAINT FOR COPYRIGHT INFRINGEMENT

Plaintiff, by its attorneys, for its complaint against Defendants, allege:

JURISDICTION AND VENUE

1. This is a civil action seeking damages and injunctive relief for copyright infringementunder the copyright laws of the United States (17 US.C. 101 et seq.).

2. This Court has jurisdiction under 17 US.C. 101 et seq.;28 US.C. 1331 (federalquestion); and 28 US.C. 1338(a) (copyright).

3. The manner of the transfer of Plaintiffs motion picture, The Hurt Locker, among theP2P network users is called a BitTorrent protocol or torrent, which is different than the

standard P2P protocol used for such networks as Kazaa and Limewire. The BitTorrent protocol

makes even small computers with low bandwidth capable of participating in large data transfers

Case 1:10-cv-00873-BAH Document 143-1 Filed 04/22/11 Page 1 of 406


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across a P2P network. The initial file-provider intentionally elects to share a file with a torrent

network. This initial file is called a seed. Other users (peers) on the network connect to the

seed file to download. As yet additional peers request the same file each additional user

becomes a part of the network from where the file can be downloaded. However, unlike a

traditional peer-to-peer network, each new file downloader is receiving a different piece of the

data from each user who has already downloaded the file that together comprises the whole.

This piecemeal system with multiple pieces of data coming from peer members is usually

referred to as a swarm. The effect of this technology makes every downloader also an

uploader of the illegally transferred file(s). This means that every node or peer user who has a

copy of the infringing copyrighted material on a torrent network must necessarily also be a

source of download for that infringing file.

4. This distributed nature of BitTorrent leads to a rapid viral spreading of a file throughoutpeer users. As more peers join the swarm, the likelihood of a successful download increases.

Because of the nature of a BitTorrent protocol, any seed peer that has downloaded a file prior to

the time a subsequent peer downloads the same file is automatically a source for the subsequent

peer so long as that first seed peer is online at the time the subsequent peer downloads a file.

Essentially, because of the nature of the swarm downloads as described above, every infringer is

simultaneously stealing copyrighted material from many ISPs in numerous jurisdictions around

the country.

5. Venue in this District is proper under 28 US.C. 1391(b) and/or 28 US.C. 1400(a). Thenamed Defendants reside in this District. Although the true identity of each remaining Doe

Defendant is unknown to the Plaintiff at this time, on information and belief, each remaining

Doe Defendant may be found in this District and/or a substantial part of the acts of infringement



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complained of herein occurred in this District. On information and belief, personal jurisdiction

in this District is proper because the named Defendants reside in this District and because the

named Defendants and each remaining Doe Defendant, without consent or permission of the

Plaintiff as exclusive rights owner, distributed and offered to distribute over the Internet

copyrighted works for which the Plaintiff has exclusive rights in this District.

PARTIES

6. Plaintiff Voltage Pictures, LLC (the Plaintiff) is a creator and distributor of motionpictures. Plaintiff brings this action to stop Defendants from copying and distributing to others

over the Internet unauthorized copies of the Plaintiffs copyrighted motion picture. Defendants

infringements allow them and others unlawfully to obtain and distribute for free unauthorized

copyrighted works that the Plaintiff spends millions of dollars to create and/or distribute. Each

time a Defendant unlawfully distributes a free copy of the Plaintiffs copyrighted motion picture

to others over the Internet, each person who copies that motion picture can then distribute that

unlawful copy to others without any significant degradation in sound and picture quality. Thus,

a Defendants distribution of even one unlawful copy of a motion picture can result in the nearly

instantaneous worldwide distribution of that single copy to a limitless number of people. The

Plaintiff now seeks redress for this rampant infringement of their exclusive rights.

7. Plaintiff Voltage Pictures, LLC is a California Limited Liability Company, with itsprincipal place of business at 6360 Deep Dell Place, Los Angeles, CA 90068. Plaintiff is

engaged in the production, acquisition, and distribution of motion pictures for theatrical

exhibition, home entertainment, and other forms of distribution. Plaintiff is the owner of the

copyrights and/or the pertinent exclusive rights under copyright in the United States in the

motion picture that has been unlawfully distributed over the Internet by the Defendants.



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corporation, form unknown, who now, and at all times alleged herein was, a doing business in

Apt. 3, Washington, DC 20008.

Washington, DC 20015.


NW, Washington, DC 20006.




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Apt. 118, NW, Washington, DC 20005.




20.The true names of the remaining Doe Defendants are unknown to the Plaintiff at thistime. Each remaining Doe Defendant is known to Plaintiff only by the Internet Protocol (IP)

address assigned to that remaining Doe Defendant by his or her Internet Service Provider on the

date and at the time at which the infringing activity of each Defendant was observed. The IP

address of each remaining Doe Defendant thus far identified, together with the date and time at

which his or her infringing activity was observed, is included on Exhibit A hereto. Plaintiff

believes that information obtained in discovery will lead to the identification of each remaining

Doe Defendants true name and permit the Plaintiff to amend this First Amended Complaint to




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state the same. Plaintiff further believes that the information obtained in discovery will lead to

the identification of additional infringing parties to be added to this First Amended Complaint as

defendants, since monitoring of online infringement of Plaintiffs motion picture is ongoing.

COUNT I

INFRINGEMENT OF COPYRIGHTS

21.The Plaintiff is responsible for the creation, development, and production of thecommercially released motion picture titled The Hurt Locker, the winner of six Academy

Awards, including Best Motion Picture of the Year, that has significant value and has been

produced and created at considerable expense.

22.At all relevant times the Plaintiff has been the holder of the pertinent exclusive rightsinfringed by Defendants, as alleged hereunder, for certain copyrighted motion pictures, including

but not limited to the screenplay and the copyrighted motion picture The Hurt Locker

(collectively, including derivative works, the Copyrighted Motion Picture). The Copyrighted

Motion Picture is the subject of valid Certificate of Copyright Registrations, including without

limitation # PAu003078487, PAu003454798, V3554D772, and V3554D991, issued by the

Register of Copyrights.

23.The Copyrighted Motion Picture contains a copyright notice advising the viewer that themotion picture is protected by the copyright laws.

24.The Plaintiff is informed and believes that each Defendant, without the permission orconsent of the Plaintiff, has used, and continues to use, an online media distribution system to

reproduce and distribute to the public, including by making available for distribution to others,

the Copyrighted Motion Picture. In doing so, each Defendant has violated the Plaintiffs

exclusive rights of reproduction and distribution. Each Defendants actions constitute

infringement of the Plaintiffs exclusive rights protected under the Copyright Act of 1976 (17



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US.C. 101 et seq.). More specifically, on information and belief, each named Defendant,

without the permission or consent of the Plaintiff, used an online media distribution system to

reproduce and distribute to the public the Copyrighted Motion Picture via the following IP

addresses on the following dates and times:

Defendant IP Address Hit Date (UTC)

25.On information and belief, each named Defendant, without the permission or consent ofthe Plaintiff, used an online media distribution system to reproduce and distribute to the public

the same electronic file of the Copyrighted Motion Picture The Hurt Locker (2008) DVDRip

XviD-MAXSPEED. On information and belief, each named Defendant, without the permission

or consent of the Plaintiff, used an online media distribution system to reproduce and distribute

to the public the Copyrighted Motion Picture via the same file hash BTiH:

HBIIKSH4SDN7A45IFMIEP3BHQB657BET. On information and belief, the named

Defendants and the remaining Doe Defendants participated in a swarm and/or reproduced and/or

distributed the same seed file of Plaintiffs Copyrighted Motion Picture in digital form with each

other.



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26.The foregoing acts of infringement have been willful, intentional, and in disregard of andwith indifference to the rights of the Plaintiff.

27.As a result of each Defendants infringement of the Plaintiffs exclusive rights undercopyright, the Plaintiff is entitled to relief pursuant to 17 US.C. 504 and to its attorneys fees

and costs pursuant to 17 US.C. 505.

28.The conduct of each Defendant is causing and, unless enjoined and restrained by thisCourt, 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 Plaintiffs copyright and ordering that each Defendant destroy all

copies of Copyrighted Motion Picture made in violation of the Plaintiffs copyrights.

WHEREFORE, the Plaintiff prays for judgment against each Defendant as follows:

1. For entry of permanent injunctions providing that each Defendant shall be enjoined fromdirectly or indirectly infringing the Plaintiffs rights in the Copyrighted Motion Picture and any

motion picture, whether now in existence or later created, that is owned or controlled by the

Plaintiff (the Plaintiffs Motion Pictures), including without limitation by using the Internet to

reproduce or copy the Plaintiffs Motion Pictures, to distribute the Plaintiffs Motion Pictures, or

to make the Plaintiffs Motion Pictures available for distribution to the public, except pursuant to

a lawful license or with the express authority of the Plaintiff. Defendant also shall destroy all

copies of the Plaintiffs Motion Pictures that Defendant has downloaded onto any computer hard

drive or server without the Plaintiffs authorization and shall destroy all copies of those

downloaded motion pictures transferred onto any physical medium or device in each Defendants

possession, custody, or control.



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2. For actual damages or statutory damages pursuant to 17 U.S.C. 504, at the election ofthe Plaintiff.

3. For the Plaintiffs costs.4. For the Plaintiffs reasonable attorneys fees.5. For such other and further relief as the Court deems proper.

Respectfully Submitted,

VOLTAGE PICTURES, LLC,

DATED: April 22, 2011

By: /s/ Thomas M. Dunlap

Thomas M. Dunlap (D.C. Bar # 471319)Nicholas A. Kurtz (D.C. Bar # 980091)

DUNLAP, GRUBB & WEAVER, PLLC

1200 G Street, NW Suite 800

Washington, DC 20005Telephone: 202-316-8558

Facsimile: 202-318-0242

[email protected]@dglegal.com

Attorney for the Plaintiff

Attorneys for the Plaintiff



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N IP address Hit Date (UTC) Related Title ISP

1 32.140.92.141 1/31/11 02:09:59 AM Hurt Locker AT&T Global Network Services, LLC



4 32.179.102.236 4/12/11 02:26:07 PM Hurt Locker AT&T Global Network Services, LLC


6 32.179.72.247 4/16/11 12:45:39 PM Hurt Locker AT&T Global Network Services, LLC

7 12.71.43.246 1/4/11 05:53:47 PM Hurt Locker AT&T Services

8 12.50.239.2 1/7/11 01:56:12 AM Hurt Locker AT&T Services














22 12.163.110.194 1/27/11 07:43:02 AM Hurt Locker AT&T Services23 12.130.124.10 1/27/11 07:00:35 PM Hurt Locker AT&T Services




























51 12.228.153.9 4/13/11 10:59:43 AM Hurt Locker AT&T Services52 12.204.30.2 4/15/11 06:10:17 PM Hurt Locker AT&T Services



55 72.45.25.26 4/12/10 03:51:18 AM Hurt Locker Atlantic Broadband Finance, LLC



58 216.189.191.53 4/12/10 12:42:35 PM Hurt Locker Atlantic Broadband


60 207.255.196.7 4/13/10 12:55:33 PM Hurt Locker Atlantic Broadband Finance, LLC

61 216.189.171.19 4/14/10 12:36:49 AM Hurt Locker Atlantic Broadband

Ex. A - First Amended Complaint Page 1



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76 24.145.119.56 4/18/10 12:04:15 AM Hurt Locker ATLANTIC BROADBAND








84 216.189.172.121 4/19/10 05:50:41 AM Hurt Locker Atlantic Broadband85 72.28.172.201 4/19/10 12:15:36 PM Hurt Locker Atlantic Broadband, LLC

























110 72.28.185.114 5/1/10 11:49:37 AM Hurt Locker Atlantic Broadband, LLC



113 72.45.44.176 5/2/10 02:55:49 AM Hurt Locker Atlantic Broadband Finance, LLC114 24.145.49.102 5/2/10 02:36:27 PM Hurt Locker Atlantic Broadband Finance, LLC













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125 72.45.60.160 5/8/10 12:32:29 PM Hurt Locker ATLANTIC BROADBAND





















146 24.145.70.116 5/15/10 08:43:06 PM Hurt Locker Atlantic Broadband147 24.145.118.18 5/16/10 08:18:19 AM Hurt Locker ATLANTIC BROADBAND




























175 207.244.172.47 6/5/10 06:45:46 PM Hurt Locker Atlantic Broadband176 207.255.116.18 6/6/10 01:42:02 AM Hurt Locker Atlantic Broadband Finance, LLC













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208 207.255.136.27 7/7/10 04:33:10 AM Hurt Locker Atlantic Broadband209 207.244.176.52 7/7/10 05:04:32 AM Hurt Locker Atlantic Broadband










219 98.92.62.127 1/3/11 08:13:35 AM Hurt Locker BellSouth.net

220 74.250.186.47 1/4/11 12:40:26 PM Hurt Locker BellSouth.net

















237 74.182.113.36 1/7/11 09:44:03 PM Hurt Locker BellSouth.net238 98.77.146.248 1/7/11 12:02:25 AM Hurt Locker BellSouth.net













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270 98.92.73.148 1/12/11 02:06:29 AM Hurt Locker BellSouth.net271 98.71.194.39 1/12/11 03:41:53 AM Hurt Locker BellSouth.net









































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580 68.157.81.64 3/18/11 02:44:17 AM Hurt Locker BellSouth.net581 98.66.4.198 3/20/11 01:22:52 PM Hurt Locker BellSouth.net









































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642 72.150.37.235 4/19/11 11:33:46 AM Hurt Locker BellSouth.net643 74.162.74.207 4/19/11 12:06:47 PM Hurt Locker BellSouth.net























666 72.174.25.53 4/7/10 12:22:35 AM Hurt Locker Bresnan Communications, LLC.





671 69.144.90.13 4/7/10 05:41:16 AM Hurt Locker Bresnan Communications, LLC.672 98.127.1.224 4/7/10 08:21:31 AM Hurt Locker Bresnan Communications, LLC.

673 72.174.35.55 4/7/10 08:37:51 PM Hurt Locker Bresnan Communications, LLC.












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704 174.45.189.144 4/17/10 01:12:48 PM Hurt Locker Bresnan Communications, LLC.705 72.174.171.30 4/18/10 12:07:44 AM Hurt Locker Bresnan Communications, LLC.




























733 72.174.141.63 4/27/10 12:18:26 AM Hurt Locker Bresnan Communications, LLC.734 69.145.241.197 4/27/10 04:00:12 AM Hurt Locker Bresnan Communications, LLC.













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827 69.145.106.250 6/5/10 02:24:21 AM Hurt Locker Bresnan Communications








836 174.44.169.46 6/10/10 09:30:19 PM Hurt Locker Bresnan Communications





















857 69.146.231.162 6/20/10 11:02:42 PM Hurt Locker Bresnan Communications858 174.44.250.201 6/21/10 05:51:49 AM Hurt Locker Bresnan Communications













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890 72.174.4.53 7/12/10 12:27:59 AM Hurt Locker Bresnan Communications891 72.174.50.203 7/12/10 12:34:25 AM Hurt Locker Bresnan Communications



894 66.214.200.72 4/23/10 07:29:12 AM Hurt Locker Charter Communications


896 96.41.218.211 4/23/10 09:03:10 PM Hurt Locker Charter Communications























919 75.139.238.231 4/27/10 02:33:54 PM Hurt Locker Charter Communications920 71.93.139.31 4/27/10 01:42:50 AM Hurt Locker Charter Communications









929 68.118.179

hurt locker 1-24583 addresses

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