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 investigators 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
2

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 Defendants 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.
3

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 Defendants IP
address to the Defendants 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 Plaintiffs 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 Plaintiffs
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 Defendants infringement is set forth on Exhibit C. Exhibit
C demonstrates that each infringement occurred after the registration date.

4

II. Defendants Used BitTorrent To Infringe Plaintiffs 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 users 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 protocols 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 Torrent 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 users
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 files 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 users computer to other peer
users 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
6

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 Plaintiffs 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 seeds 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
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. Plaintiffs Computer Investigators Identified Each of the Defendants IP
Addresses as Participants in a Swarm That Was Distributing Plaintiffs
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 Plaintiffs 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 Defendants 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. IPPs 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. IPPs 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 Plaintiffs 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. 101s
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. 101s 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 Plaintiffs copyrighted
Works;
(B) Order that each Defendant delete and permanently remove the torrent file relating
to Plaintiffs copyrighted Works from each of the computers under each such Defendants
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 Defendants 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

Plaintiffs 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 Plaintiffs 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 Defendants 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 Plaintiffs copyrighted
Works;
(B) Order that each Defendant delete and permanently remove the torrent file relating
to Plaintiffs copyrighted Works from each of the computers under each such Defendants
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 Defendants 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)
Plaintiffs 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.
12

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)
klipsomb@lebfirm.com
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 li ng 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 INSTRUCTI ONS ON TilE REVERSE OF THE FORM.) NOTICE: Attorn eys MlJST I ndicate All Re-filed C ases Below.
I. (a) PLA I NTIFFS
MALIDU MEDIA, LLC
DEFENDANTS
JOHN DOES 1-7
(b) County of Residence of First Listed Plaintiff Los Angeles County
(EXCEPT IN U.S. PLAINTIFF CASES)
County of Residence of Fi rst Listed Defendant Martin County
(I N U.S. PLAI NTIFF CASES ONLY)
{c) Attorney's (Fi rm 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 BROWARD 0 PALM DEACH ./J MARTrN 0 ST. LUCIE 0 INDIAN RIVER 0 OKEECHOBEE
HIGHLANDS
II. BASIS OF J URISDI CTION (Pioccanxin OncDoxOnly)
Ill. CITIZENSHIP OF PRI NCIPAL PARTIEScrlaccon -x" in OncBoxrorPtaintirr
.;o I U.S. Government 0 J Federal Ques tion
Plainti ff ( U.S. Government Nol l\ Pnrty)
0 2 U.S. Government 0 4 Divers by
Dcfcndent
(Indicate Citizens hip of Pa rties in Item fll )
A IV N TURE OF SUI T (Place an -x" in One Box Only)
CONTRACT TORTS
0 I I 0 Insurance PERSONAL INJURY PERSONAL INJURY
0 120 Marine 0 3 10Airplllne 0 J62 Personal Injury
0 130 Miller Act 0 3 15 Airplane Product Med. Malpnet iee
0 140 Negotiable Instrument Liabi lity 0 36S Pcn:onal Injury
0 ISO Recovery of Overpayment 0 }20 ASSI UII , Libel & Product Liabilily
& Enforcement of J udgment Slander 0 368 Asbes tos Person!
0 IS I Medicare Act 0 330 Federa l Employers' Injury Product
0 I !52 Recovery of Linbility Liability
St udcn1 Loans 0 340 Muinc PERSONAL PROPEitTY
(E,.cl. Veterans) 0 }45 M u inc Produce 0 370 Other Fnud
0 I Recovery of liability 0 371 Trulh in Lcndina
ofVeter11n's Benefits 0 3SO Mo1or Vehicle 0 380 Other Personal
0 160 Stockholders' Suits 0 MotorVchiclc Propert y Oanucc
0 190 Other Cont rnct Proll uct 0 J8S Properly Da mage
0 19!5 Controcr Product Linbilit y 0 360 Other Personal Product Linbilll y
0 196 Franchise ln ury
REAL PROPERTY CIVIl. RI GHTS PRISONER PETITIONS
0 210 Land Condemnation 0 44 1 Votinc 0 510 Motions to Vocate
0 220 Foreclosure .:J 442 Employment Sentence
0 230 Rent Letse &. Ejectment 0 443 II outi ng/ I Iabus Cor pus:
0 240 Tort s 10 La nd Acconmodut ions 0 General
0 Tort Product Linbilit y 0 444 Welfare 0 S3S Death Pc1wl1y
0 290 All Other Rcal l,rope rt y
O 445 Amcr. w/Oisabilitics
Employment
o 540 Mandamus&.. Other
0
446 Amer. w/ Diubilitics
Other
o $SO Civil Righ11
0 440 Other Civil Rights 0 S5!5 Prison Condilion
(For Oivcrsi1y Ca.scs Only)
PTF
Ci tize n of This State 0
Ci tizen of Another State 0
Citizen or Subject of a 0
FORFEIT REIPF.NALTY
0 6 10 Agriculture 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 Occupuliono.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
&. Disclosure 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 ll abeu Corpus -Alien
Detainee
0
46S Other lmmigntion
Actions
and One Box for Ocfendanr)
DEF
PTF DEF
0 I lncorpor.:tt ed or Jlrine:ipal Place 0 0 4
of Ousincss In This St i le
0 Incorporated and Principe I Place
ofDus iecss In Another State
0
0 '
0 Foreign Nuion
0 0 6
OTHF. A
422 Appcal28 USC 1$8 0 400 State R eapportionmcnt
423 W ithdraw11 0 4 10 Antitrust
28 usc 1$7 0 430 Banks and Oanking
0 4SO Commerce
PROPER rY RIGUTS 0 460 Deportation
820 Copyrights 0 470 Racketeer Influenced and
830 Pat ent
Corrupt Orgonizations
840 Tr-.dcnuuk 0 480 Consumer Credi t
0 490 Coblc/SII TV
0 810 Selective Service
SOCIAL Sr. URITY
0 8SO Securilies/Commoditiesl
861 utA (IJ9srn Exchange
862 Block Lung (92J) 0 87S C us tomer C hallenge
86J DIWC/DIWW (403(
8
)) 12 usc J4 10
864 SSID Til le XVI 0 890 Ot her Statut ory Actions
86$ RSI (40S(g)) 0 89 1 Agriculturo l Acts
FEDERAL TAX SUITS 0 892 Cconon, ic Stabilization Acl
870 Taxes (U.S. Plainti ff 0 893 Environmental Matters
or Defend :ant) 0 894 Energy A llocttion Act
871 IRS-Third Parly 0
89S Freedom of Information Act
26 usc 7609
0 900 Appcnl of Fcc
Under Equal Access 10 J ustice
0
9!50 ConUilulionality of State
St atutes
V. ORIG IN
.fJ I Ori ginal
Proceedi ng
( 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 Mult idi stri ct
Litigation
0 7
Appeal to Distri ct
Judge from
Magistrate
Jud mcnt
V I. R ELA TED/ RE-FILED
CASE(S).
(Sec instrucl ions
second page):
n) Re-tiled Case 0 YES ,jlJ NO
JUDGE
b) Related Cases 0 YES
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 ACTI ON 17 U.S.C. 101 -Copyright Infringement
VIII. R EQUESTED I N
COMP LAINT:
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
THE BEST OF MY KNOWLEDGE
CHECK YES only if demanded in complaint:
JURY DEMAND: Yes 0 No
DATE
5-
FOR OFFICE USE ONLY
AMOUNT RECEIPT 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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Carlie Beautijill Blowjob.
Type of Work: Motion Picture
Registration Number I Date: PA0001762079 / 2011- ll -21
Application Title: Car lie Beautiful Blowjob .
Title: Car lie Beautiful Blowjob .
Description: 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 First Publication: United States
Authorship on Application: Malibu Media LLC, employer for hire; Domicile: United States; Citizenship: United States.
Authorship: entire motion picture.
Names : Malibu Media LLC
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Registration Number I Date: PA0001776839 I 2012-02-21
Application Title: Carlie Big Toy Orgasm
Title: Car lie Big Toy Orgasm
Copyright Oai.mant: Malibu Media LLC. Address: 31356 Broad Beach Rd, Malibu, CA, 90265.
Date ofPublication: 2010-03-22
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*-APPLICATION-*
Title----------------------------
Title of Work: The Girl in My Shower
Completion/Publication ---------------------
Year of Completion: 2009
Dnte of 1st 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
Citizen of: United States Domiciled in: United States
Copyright claimant
Copyright Claimant : Malibu Media LLC
31356 Broad Beach Rd, Malibu. CA, 90265
Certification
Name: Emilie Kennedy
D11tc: March 30, 20 12
J>age 1 of 1
Registrat ion #:
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
Email: copyl'ight@lebfitm.com
Address: 2 South Biscayne Blvd.
Penthouse 3800
Miami, FL 33 13 1
Malibu Media LLC
Brigham Field
31356 Broad Heach Rd
Malibu, CA 90265
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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
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

' .
{Also known as distn.Ou.ted copies.) The number full copies of the file available to the client.
.Each seed adds 1.0 to this 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 chokes another client in
several situations:
The second client is a seed, in it does 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
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
_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 atorrent.
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 toprevent ~ t h e 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 t h a ~ the client uses to verify the
data that is being transferred. It contains information like the file list, sizes, p i ~ 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 a computer 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 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 those users who have greater amounts bard
drive space (particularly seedbOies) Qr idle computer uptime are at a greater advantage to
accumulate ratio credits versus who are :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
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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 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, time can be wasted because the seeding client might send the same file
piece to many while other pieces not yet been downloaded at all Some
like ABC, Vuze, BitTornado, TorrentStonn, and have a "super-seed" mode,
where they 1cy to only nd out pieces that have never been out 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 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
Retrieved from "http :lien. wi:J4pedia.org!wiki!BitTorrent _ vocabulary
11
. Categories: BitTorrent I Lexis.
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