UNITED STATES DISTRICT COURT DISTRICT OF OREGON

Transcription

1 Carl D. Crowell, OSB No P.O. Box 923 Salem, OR (503) Of attorneys for Plaintiffs UNITED STATES DISTRICT COURT DISTRICT OF OREGON ME2 PRODUCTIONS, INC., and CELL FILM HOLDINGS, LLC, v. Plaintiffs, WILLIAM PATRICK SHELDON, Defendant, Case No.: 3:17-cv SB REPLY IN SUPPORT OF PLAINTIFFS MOTION FOR VOLUNTARY DISMISSAL; DECL. COUNSEL; EXHIBITS 1-6 FRCP 41(a)(2) REPLY IN SUPPORT OF PLAINTIFFS MOTION There is only one relevant motion before the Court at this time, that being Plaintiffs Motion to Dismiss. Ecf. 19. As per Defendant s opposition: Defendant does not oppose Plaintiffs Motion to Dismiss without prejudice. Ecf. 20, First sentence. With this the pending motion should be granted. The balance of Defendant s argument is filled with unsupported allegations, hyperbole and statements that are demonstratively false. Should Defendant actually seek further relief, it is properly brought under a separate motion. LR 7-1(b). REPLY: MOTION TO DISMISS Page 1 of 8

2 As per the concession of Defendant, and as argued in Plaintiff s Motion to Dismiss, and below, Plaintiff s Motion to Dismiss without prejudice should be granted. REPLY TO ALLEGATIONS As the allegations of Defendant s opposition go far beyond the scope of the motion, Plaintiffs reply to address some of the clear misstatements. Plaintiffs and their counsel have managed a number of cases in this district, balancing the burdens of discovery that may be imposed on third party subscribers and others in an effort to ensure that only properly liable parties are named in bittorrent copyright cases. In contrast to several cases in this District resulting in sanctioned parties who refuse to cooperate, in this case Plaintiffs encountered both a subscriber and then eventually a defendant that by and large cooperated, volunteered information, and assisted Plaintiffs. The subscriber identified the actual proper Defendant and avoided the need for compelled testimony. The parties cooperated and a resolution to address the persistent piracy was reached. Prior to appearance of Defense Counsel, the matter was resolved in all but final form, and in light of the cooperation of the parties and other factors Plaintiffs waived all costs, fees and damages. If the goal of this Court is for efficient investigation and resolution of bittorrent copyright infringement actions, facilitated by cooperative third parties (subscribers) and defendants, then up to the appearance of Defense Counsel this was a model case. On being appointed, and within minutes of the appointment, (Ecf. 7, 3/3/17, 10:17 am) the status of the settlement was shared with appointed counsel. Lake, Give me a call on this. I have agreed to dismiss this action if his computer is clean and he has agreed to have it reviewed by Robert Young. But if he simply agrees to stop, we will waive costs, fees and damages. * * * REPLY: MOTION TO DISMISS Page 2 of 8

3 Ecf. 23, Ex. 7; of 3/3/17, 10:51 AM Yet somehow Plaintiffs resolution with a cooperative subscriber and Defendant, who continued to reach out to Plaintiffs counsel to close the case even after appointment of counsel, quickly spiraled out of control with Defense Counsel demanding: we will stipulate to a dismissal of the case, with the payment of $4500 in attorney fees and $500 in costs Ecf. 23, Ec. 6, p. 4. This is not how a pro bono counsel should assist the court or a Defendant, and this should be noted. 1. Some of the unsupported allegations are intrinsically inconsistent. Much of the current status of this case is in a state of who said what. But in addition to a bizarre case of a settled matter cascading out of control with an overly zealous pro bono counsel, the Defendant s opposition contains a number of statements where the arguments go too far and wander into intrinsically inconsistent statements, such as at one point arguing, at no time did Mr. Crowell offer an outright dismissal. (P. 6) then later acknowledging, Mr. Crowell responded he would file a unilateral dismissal. (P. 7), and going back and forth about being authorized for $3,000 in costs. See p. 2, ( Oregon District Court allows for up to $3,000 in costs under such an appointment. ; Contra p. 7.) Such inconsistencies should color all the allegations of Defendant s opposition. 2. The declaration of Donna Violette is bizarrely false and inconsistent. Several of the statements of Violette are questionable, but it is demonstrably false that Plaintiffs or their Counsel ever threatened or even mentioned fines in the hundreds of thousands of dollars or possible prison time. Both letters mailed to Violette are submitted as Exhibits 1, REPLY: MOTION TO DISMISS Page 3 of 8

4 and 2. No economic demands were ever made on Violette and there is certainly no threat of prison. It is unknown why Ms. Violette went from being cooperative to fabricating such statements, but the Court cannot reasonably accept that such statements are plausible. After hundreds of cases in this District, and notable activity by the anti-copyright defense bar, should Plaintiffs counsel ever threaten criminal sanctions or prison time in a civil matter there is little doubt such improper communication would be immediately brought to the Court s attention, and such conduct certainly did not occur in this case. 3. Other occupants of the residence were reviewed in Plaintiffs investigation and all were eliminated with William Sheldon as the only plausible Defendant. Plaintiffs data showed consistent access from at least October 8, 2016, often at all hours of the day, through February 2017 when Violette canceled her service with ISP Comcast. An excerpt of the 67-page record of events is submitted as Exhibit 3. For each event there was the exact same Peer ID prefix observed (Client Peer ID Prefix 2D ), this being a code that an infringer uses to self-identify the particular software they are using. This indicates all the activity was by the same person using the same BitTorrent, version software to download and distribute content. Depending on which of Defendant s filed declarations are reviewed, and on which parts are considered, there were either five other people (Decl. Sheldon, Ecf. 22, 5), up to nine continuous residents (Decl. Violette, Ecf. 21, 2), or four other people (Decl. Violette, Ecf. 21, 5), or a total of six people on the premises. Decl. Violette, Ecf. 21, 14. Left out is that these numbers appear to include maintenance workers, temporary guests, and tenants that were REPLY: MOTION TO DISMISS Page 4 of 8

5 not continuously present as people moved in and out. In multiple phone calls with the subscriber and landlord Violette (identified as Violet by Comcast and then understood as Ziolette in phone calls), the times of tenancy of her renters, presence of guests, transient parties performing maintenance, and even ex-boyfriends, were all reviewed. It was confirmed that though there were other people that moved in and left, the only plausible party with consistent access from prior to November 1, 2016 and continuing into February 2017, and who was also present over Christmas (Ref. Exhibit 3, p (6-7) was William Sheldon. Without a doubt there were a number of parties with access to the password protected Wi-Fi service at the residence, but only one person was present persistently and continuously in a manner that matched the observed infringing activity as affirmed in the letter to Violette: We have reviewed your tenants and the times they were present (renting) at the residence with access to your internet service. The only tenant that was present from October 1, through the end of January that could plausibly be responsible for the observed activity is William Sheldon. You have further confirmed that the one other party that you thought might be responsible did not move in until November. As the activity started before his move-in and before he had access, he is reasonably eliminated. Exhibit 2, March 31 Letter to Ziolette (Violette). Further, on March 31, 2017, Violette called Plaintiffs counsel and reviewed that she had canceled her Comcast service in February, and was now a subscriber with CenturyLink (a/k/a Qwest). Decl. Counsel 7. She further checked her current IP address as assigned by CenturyLink and reported it as Id. When data for this IP address was reviewed, infringing activity by the same Client (Client Peer ID Prefix 2D ) was found. Decl. Counsel 10. In addition to the exact same Peer ID Prefix, one of the titles being distributed through the prior Comcast IP address, Shut.In p was still being actively distributed by the Defendant. Decl. Counsel 11. With this new Internet service, it was REPLY: MOTION TO DISMISS Page 5 of 8

6 reconfirmed that there was no one other than William Sheldon that could be responsible as now the infringer was apparently using the same software from before November 2016, and well into March 2017, distributing matching content. A record of the infringing activity observed though the second IP is submitted as Exhibit 4. With this repeated affirmation from Violette that only William Sheldon was present at all observed times, Plaintiffs sent Mr. Sheldon the letter of March 31, stating he was the only party that was present at all the times of the observed activity who might plausibly be responsible and stating, If you deny the allegations, or believe that our investigation is in error, please contact me promptly. Exhibit 5; Decl. Counsel 6. (The confirming letter to Violette on the same day submitted as Exhibit 2.) After two weeks of continuing activity and without a response, a First Amended Complaint was filed on April 15, Ecf. 5. Mr. Sheldon was then served on April 21, Exhibit 6 (Affidavit of Service). It should come as no surprise that the observed bittorrent activity finally stopped on Mr. Sheldon being personally served with Plaintiffs Complaint. Ref. Exhibit There was no dismissal to avoid Black Box discovery. Contrary to the inconsistent arguments in Defendant s motion, Plaintiffs did not move to dismiss to avoid discovery. The express offer was made: Plaintiffs are prepared to file a motion to dismiss this action with prejudice. But as I understand you wish to explore some of your theories and concerns about bittorrent litigation in general I am willing to agree to leave the case open and produce the documents as discussed today with Judge Beckerman and allow them to be reviewed for both your education and edification, as well as other members of the defense bar on an agreement that you will waive any claim for costs and fees. As I told the judge, I am fine with you exploring your theories, but this is not the case to do it. We will also agree to suspend all plaintiff s discovery giving you the opportunity to unilaterally REPLY: MOTION TO DISMISS Page 6 of 8

7 explore the documents and assuage your concerns about the legitimacy of plaintiffs' claims. Specifically I understand you want to look under the hood and see the data, and we will show it to you. But not at the expense of you then demanding costs and fees for your personal speculative exploration as we put off the dismissal. Further, should you find fraud in plaintiffs case I will agree that you can then petition for fees, setting aside the waiver of costs and fees, an offer I am confidant in making as there is no fraud. Ecf. 23, Exhibit 5. (Emphasis added) If there was anything improper to be discovered, Defendant was welcome to go on their fishing expedition. But with a Defense Counsel that was already demanding thousands of dollars for a case that was settled before their appointment, and threatening to run up further costs and fees, Plaintiffs were not willing to allow them to churn their bill for no purpose. Contrary to the claim that the case or controversy would be resolved, as per the offer, should any of the nefarious conduct Defendant alludes to be found, his Counsel would then be free to seek costs and fees. This is a case with a destitute Defendant who agreed to stop his conduct and Plaintiffs that waived costs, fees and damages in light of the subscriber s and eventually the Defendant s cooperation. But then appeared a Defense Counsel looking to churn massive costs and fees at the expense of their own client and other third parties, as discovery would have expanded to include Violette and every resident to some degree. Plaintiffs are not running away. Plaintiffs simply see no reason for a pyrrhic victory at the Defendant s expense to serve the desires of an over-zealous appointed counsel demanding fees and a payoff, looking for evidence that does not exist. /// REPLY: MOTION TO DISMISS Page 7 of 8

8 CONCLUSION What is clear in this action is that there was massive infringing activity. Plaintiffs took reasonable efforts to isolate a singular defendant eliminating all other parties with the early cooperation of a subscriber. Further, attempts to confer directly with the Defendant for any relevant information prior to naming him were refused. Finally, on being named, the Defendant cooperated and parties reached a resolution only to be discarded by appointed counsel who is seeking a payout for his disruption of an otherwise resolved case. Defendant s implied position is that in future cases even where subscribers and defendants cooperate, bittorrent plaintiffs must compel sworn testimony under oath, and forgo cooperation, and that naming a party should only take place after exhaustive and burdensome compelled discovery that is not easily refuted by subsequent inconsistent declarations. This is clearly contrary to the Federal Rules, the local rules and the general directives of the Courts of this District. WHEREFORE Plaintiffs maintain this matter is properly dismissed, without prejudice, as acknowledged by Defendant. DATED: June 26, Respectfully submitted, /s/ Carl D. Crowell Carl D. Crowell, OSB No carl@crowell-law.com Of attorneys for the Plaintiffs REPLY: MOTION TO DISMISS Page 8 of 8

9 Case 3:17-cv SB Document 26 Filed 06/26/17 Page 1 of 3 Carl D. Crowell, OSB No carl@crowell-law.com P.O. Box 923 Salem, OR (503) Of attorneys for Plaintiffs UNITED STATES DISTRICT COURT DISTRICT OF OREGON ME2 PRODUCTIONS, INC., and CELL FILM HOLDINGS, LLC, v. Plaintiffs, WILLIAM PATRICK SHELDON, Case No.: 3:17-cv SB DECLARATION OF COUNSEL IN SUPPORT OF REPLY / MOTION TO DISMISS; EXHIBITS 1-6 Defendant, Under penalty of perjury I, Carl D. Crowell, hereby state as follows: 1. I am an attorney admitted to practice in Oregon and Plaintiffs counsel in this matter. 2. All matters in this declaration are submitted through personal knowledge and belief. 3. Plaintiffs investigator Maverickeye has identified significant infringing activity originating from Internet protocol address ( IPA ) , including confirmed distributions of Plaintiffs motion picture Cell (2016) and Mechanic: Resurrection (2016) that persisted from at least October 8, 2016 through February 8, Excerpts of the 67 page record of activity is submitted as Exhibit In response to a subpoena, Comcast identified Donna Violet (now known to be Violette) at the subscriber. DECL. REPLY: MOTION TO DISMISS Page 1 of 3

10 Case 3:17-cv SB Document 26 Filed 06/26/17 Page 2 of 3 5. Letters sent to Ms. Violette are submitted as Exhibits 1 and 2. At no time was a monetary demand made on Ms. Violette and certainly there has never been a threat of prison time or any criminal sanction. 6. In my several conversations with Ms. Violette she was very cooperative and we reviewed her tenants, guests, workmen that visited, and all parties that had access to her password protected Internet service. The only party that matched the data record of Exhibit 3 was William Sheldon as confirmed in my letter to Ms. Violette on March 31. Exhibit On March 31, Ms. Violette called and informed me that she had canceled her Comcast service in February of 2017 and was now with CenturyLink a/k/a Qwest. While on the phone I asked her to check her IP address, which can be done by simply typing, What is my IP in a basic Google search window. She reported her computer stated her IP address was, I confirmed that IPA was in fact a Qwest IPA and geo-located to her area and then ordered any record of bittorrent activity. 9. The record of infringing activity on IPA was continuing and is filed as a whole as Exhibit The record of infringing activity on IPA in March and April of 2017 shows the Peer ID prefix of 2D , indicating the infringer was using the BitTorrent, version software to download and distribute content. This is the same software used beginning at least as early as October 8, 2016 as shown on Exhibit The record of infringing activity on IPA in March and April of 2017 also included the distribution of the exact same torrent file Shut.In p.BRRip.x264.AAC-ETRG with the HASH fingerprint of DECL. REPLY: MOTION TO DISMISS Page 2 of 3

11 Case 3:17-cv SB Document 26 Filed 06/26/17 Page 3 of 3 7BDB CB46BD0CAC959E908D B. This means the same software at the same location was being used to distribute the exact same file observed though IPA in December, January and February, and then through IPA in March and April. 12. Ms. Violette and I reviewed the dates of observed activity of Exhibit 3 and 4 (through March 31) and she confirmed that though there were a number of people that had access over the prior six months, including workmen, guests and tenants that moved in in November and out prior to March 31, William Sheldon was the only match for all the dates and the activity. 13. Filed as Exhibit 5 is the letter sent to Mr. Sheldon on March 31, 2017 to which there was no response. 14. Filed as Exhibit 6 is the affidavit of service of Plaintiff s complaint, served April 21, On April 21, 2017 all bittorrent activity on IPA stopped in conjunction with Mr. Sheldon being personally served. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct to the best of my knowledge. DATED: June 26, /s/ Carl D. Crowell Carl D. Crowell, OSB No carl@crowell-law.com P.O. Box 923 Salem, OR (503) Of counsel for Plaintiffs DECL. REPLY: MOTION TO DISMISS Page 3 of 3

12 Case 3:17-cv SB Document 26-1 Filed 06/26/17 Page 1 of 2 EXHIBIT Liberty Street SE - P.O. Box 923 Salem, Oregon Tel: Sunday, March 19, 2017 Donna Voilet 3903 SW Baird St Portland, OR RE: Infringement of: Civil Action No.: IP Address / Defendant: Mechanic: Resurrection 3:17-cv Federal Court District of Oregon Doe Dear Ms. Voilet: Crowell Law has filed an infringement lawsuit in the U.S. District Court for the District of Oregon on behalf of our client Cell Film Holdings, for infringement, download and distribution of the motion picture, Mechanic: Resurrection. Comcast has identified you as responsible for an Internet Protocol ( IP ) address at a time this IP address was being used to distribute our client s motion picture. We have evidence that someone at that address using your Internet service has placed a media file which contains the protected film content for our client s motion picture in a shared folder location enabling others to download copies of this content. Through a direct connection to the infringing computer we have also obtained the file name used, specifics related to the software used, the file size and additional metadata, all corresponding to the IP address assigned to you at the time the infringing activity occurred. We invite your voluntary cooperation in assisting us with this matter. With the observed activity associated with your IP address, this type of material is likely tied to a single person at the address who was a permissive user and contains material not likely to be viewed by young children. I will request your further assistance in identifying the infringer and responsible party. Please contact me as soon as possible to discuss how we might proceed. I would like to avoid burdensome interference and your cooperation will facilitate the identification of the party that exploited your Internet service to violate my clients rights. We strongly encourage you to consult with an attorney to review your rights in connection with this matter. Enclosed is a copy of Standing Order which includes additional information about this case and information on an attorney referral service through the Oregon State Bar and how to apply for Pro Bono counsel through the District Court. 3/19/17

13 Case 3:17-cv SB Document 26-1 Filed 06/26/17 Page 2 of 2 EXHIBIT 1 As stated in the enclosed order (Standing Order ): C. Notwithstanding contrary information available through the Internet, if a subscriber or defendant ignores a Court Order, a subpoena seeking the subscriber's deposition, or a Summons and Complaint, then plaintiff may ask the Court for relief, including an award of attorney fees, and possibly the entry of a default judgment for money damages. D. Accordingly, it is important that subscribers and defendants seek proper legal advice concerning their rights and obligations. If you obtain an attorney, please have them contact me. If you have further questions, you may contact me at or carl@crowell-law.com. We thank you in advance for your anticipated cooperation in this matter and we look forward to resolving our client s claim with the infringing party in an amicable fashion. Sincerely, Carl D. Crowell carl@crowell-law.com encl. Standing Order Liberty Street SE - P.O. Box 923 Salem, Oregon /19/17 Page 2 of 2

14 Case 3:17-cv SB Document 26-2 Filed 06/26/17 Page 1 of Liberty Street SE - P.O. Box 923 Salem, Oregon Tel: Friday, March 31, 2017 Donna Ziolette 3903 SW Baird St Portland, OR RE: Infringement of: Civil Action No.: IP Address / Defendant: Mechanic: Resurrection 3:17-cv Federal Court District of Oregon Doe Dear Ms. Ziolette: Thank you for speaking to me and assisting us with this investigation. As per our phone calls, I understand you are not involved with this infringing activity, but you do have a number of renters that as a part of their tennency are given access to your internet service. We have reviewed your tenants and the times they were present (renting) at the residence with access to your intenrnet service. The only tenant that was present from October 1, through the end of Janaury that could plauably be responsible for the observed activity is William Sheldon. You have further comnfirmed that the one other party that you thought might be responsible did not move in until November. As the activity started before his move-in and before he had access, he is reasonably eliminiated. Please pass on a copy of the Standing Order to Mr. Sheldon. I will be wriring him seperatly, but he is free to obtain an attorney now. Sincerely, Carl D. Crowell carl@crowell-law.com 3/31/17 EXHIBIT 2

15 Case 3:17-cv SB Document 26-3 Filed 06/26/17 Page 1 of 9 - Comcast Account - No.$ IP Peer$ID Torrent$Name Date$&$Time$(UTC) D Cell.2016.HDRip.XViDGETRG 10/7/16$6: D Cell.2016.HDRip.XViDGETRG 10/7/16$7: D Cell.2016.HDRip.XViDGETRG 10/7/16$7: D Cell.2016.HDRip.XViDGETRG 10/7/16$7: D Cell.2016.HDRip.XViDGETRG 10/8/16$1: D Cell.2016.HDRip.XViDGETRG 10/8/16$2: D Cell.2016.HDRip.XViDGETRG 10/8/16$3: D Cell.2016.HDRip.XViDGETRG 10/8/16$4: D Cell.2016.HDRip.XViDGETRG 10/8/16$7: D Cell.2016.HDRip.XViDGETRG 10/8/16$8: D Cell.2016.HDRip.XViDGETRG 10/8/16$9: D Cell.2016.HDRip.XViDGETRG 10/8/16$10: D Cell.2016.HDRip.XViDGETRG 10/8/16$11: D Cell.2016.HDRip.XViDGETRG 10/8/16$11: D Cell.2016.HDRip.XViDGETRG 10/8/16$13: D Cell.2016.HDRip.XViDGETRG 10/8/16$14: D Cell.2016.HDRip.XViDGETRG 10/8/16$15: D Cell.2016.HDRip.XViDGETRG 10/8/16$16: D Cell.2016.HDRip.XViDGETRG 10/8/16$17: D Cell.2016.HDRip.XViDGETRG 10/8/16$18: D Cell.2016.HDRip.XViDGETRG 10/8/16$19: D Cell.2016.HDRip.XViDGETRG 10/8/16$20: D Cell.2016.HDRip.XViDGETRG 10/8/16$21: D Cell.2016.HDRip.XViDGETRG 10/8/16$22: D Cell.2016.HDRip.XViDGETRG 10/8/16$23: D Cell.2016.HDRip.XViDGETRG 10/9/16$0: D Cell.2016.HDRip.XViDGETRG 10/9/16$1: D Cell.2016.HDRip.XViDGETRG 10/9/16$3: D Cell.2016.HDRip.XViDGETRG 10/9/16$4: D Cell.2016.HDRip.XViDGETRG 10/9/16$5: D Cell.2016.HDRip.XViDGETRG 10/9/16$6: D Cell.2016.HDRip.XViDGETRG 10/9/16$6: D Cell.2016.HDRip.XViDGETRG 10/9/16$7: D Cell.2016.HDRip.XViDGETRG 10/9/16$9: D Cell.2016.HDRip.XViDGETRG 10/9/16$9: D Cell.2016.HDRip.XViDGETRG 10/9/16$10: D Cell.2016.HDRip.XViDGETRG 10/9/16$11: D Cell.2016.HDRip.XViDGETRG 10/9/16$12: D Cell.2016.HDRip.XViDGETRG 10/9/16$12: D Cell.2016.HDRip.XViDGETRG 10/9/16$13: D Cell.2016.HDRip.XViDGETRG 10/9/16$13: D Cell.2016.HDRip.XViDGETRG 10/9/16$14: D Cell.2016.HDRip.XViDGETRG 10/9/16$16: D Cell.2016.HDRip.XViDGETRG 10/9/16$16: D Cell.2016.HDRip.XViDGETRG 10/9/16$17: D Cell.2016.HDRip.XViDGETRG 10/9/16$17: D Cell.2016.HDRip.XViDGETRG 10/9/16$17:52 EXHIBIT 3 Page 1 of 67

16 Case 3:17-cv SB Document 26-3 Filed 06/26/17 Page 2 of 9 - Comcast Account D Cell.2016.HDRip.XViDGETRG 10/9/16$18: D Cell.2016.HDRip.XViDGETRG 10/9/16$19: D Cell.2016.HDRip.XViDGETRG 10/9/16$21: D Cell.2016.HDRip.XViDGETRG 10/9/16$22: D Cell.2016.HDRip.XViDGETRG 10/10/16$0: D Cell.2016.HDRip.XViDGETRG 10/10/16$2: D Cell.2016.HDRip.XViDGETRG 10/10/16$4: D Cell.2016.HDRip.XViDGETRG 10/10/16$22: D Cell.2016.HDRip.XViDGETRG 10/10/16$22: D Cell.2016.HDRip.XViDGETRG 10/10/16$23: D Cell.2016.HDRip.XViDGETRG 10/11/16$0: D Cell.2016.HDRip.XViDGETRG 10/11/16$0: D Cell.2016.HDRip.XViDGETRG 10/11/16$0: D Cell.2016.HDRip.XViDGETRG 10/11/16$1: D Cell.2016.HDRip.XViDGETRG 10/11/16$1: D Cell.2016.HDRip.XViDGETRG 10/11/16$2: D Cell.2016.HDRip.XViDGETRG 10/11/16$10: D Cell.2016.HDRip.XViDGETRG 10/11/16$11: D Cell.2016.HDRip.XViDGETRG 10/11/16$12: D Cell.2016.HDRip.XViDGETRG 10/11/16$13: D Cell.2016.HDRip.XViDGETRG 10/11/16$13: D Cell.2016.HDRip.XViDGETRG 10/11/16$14: D Cell.2016.HDRip.XViDGETRG 10/11/16$14: D Cell.2016.HDRip.XViDGETRG 10/11/16$14: D Cell.2016.HDRip.XViDGETRG 10/11/16$15: D Cell.2016.HDRip.XViDGETRG 10/11/16$15: D Cell.2016.HDRip.XViDGETRG 10/11/16$16: D Cell.2016.HDRip.XViDGETRG 10/11/16$16: D Cell.2016.HDRip.XViDGETRG 10/11/16$17: D Cell.2016.HDRip.XViDGETRG 10/11/16$17: D Cell.2016.HDRip.XViDGETRG 10/11/16$19: D Cell.2016.HDRip.XViDGETRG 10/11/16$20: D Cell.2016.HDRip.XViDGETRG 10/11/16$20: D Cell.2016.HDRip.XViDGETRG 10/11/16$21: D Cell.2016.HDRip.XViDGETRG 10/11/16$21: D Cell.2016.HDRip.XViDGETRG 10/11/16$21: D Cell.2016.HDRip.XViDGETRG 10/11/16$21: D Cell.2016.HDRip.XViDGETRG 10/11/16$23: D Cell.2016.HDRip.XViDGETRG 10/11/16$23: D Cell.2016.HDRip.XViDGETRG 10/11/16$23: D Cell.2016.HDRip.XViDGETRG 10/12/16$0: D Cell.2016.HDRip.XViDGETRG 10/12/16$0: D Cell.2016.HDRip.XViDGETRG 10/12/16$1: D Cell.2016.HDRip.XViDGETRG 10/12/16$1: D Cell.2016.HDRip.XViDGETRG 10/12/16$2: D Cell.2016.HDRip.XViDGETRG 10/12/16$2: D Cell.2016.HDRip.XViDGETRG 10/12/16$3: D Cell.2016.HDRip.XViDGETRG 10/12/16$4:33 EXHIBIT 3 Page 2 of 67

17 Case 3:17-cv SB Document 26-3 Filed 06/26/17 Page 3 of 9 - Comcast Account D Cell.2016.HDRip.XViDGETRG 10/27/16$4: D Cell.2016.HDRip.XViDGETRG 10/27/16$4: D Cell.2016.HDRip.XViDGETRG 10/27/16$6: D Cell.2016.HDRip.XViDGETRG 10/27/16$6: D Cell.2016.HDRip.XViDGETRG 10/27/16$7: D Cell.2016.HDRip.XViDGETRG 10/27/16$7: D Cell.2016.HDRip.XViDGETRG 10/27/16$11: D Cell.2016.HDRip.XViDGETRG 10/27/16$11: D Cell.2016.HDRip.XViDGETRG 10/27/16$12: D Cell.2016.HDRip.XViDGETRG 10/27/16$13: D Cell.2016.HDRip.XViDGETRG 10/27/16$14: D Cell.2016.HDRip.XViDGETRG 10/27/16$19: D Cell.2016.HDRip.XViDGETRG 10/28/16$4: D Cell.2016.HDRip.XViDGETRG 10/28/16$4: D Cell.2016.HDRip.XViDGETRG 10/28/16$5: D Cell.2016.HDRip.XViDGETRG 10/29/16$1: D Cell.2016.HDRip.XViDGETRG 10/29/16$2: D Cell.2016.HDRip.XViDGETRG 10/29/16$2: D Cell.2016.HDRip.XViDGETRG 10/29/16$4: D Cell.2016.HDRip.XViDGETRG 10/29/16$4: D Cell.2016.HDRip.XViDGETRG 10/29/16$5: D Cell.2016.HDRip.XViDGETRG 10/29/16$5: D Cell.2016.HDRip.XViDGETRG 10/29/16$6: D Cell.2016.HDRip.XViDGETRG 10/29/16$6: D Cell.2016.HDRip.XViDGETRG 10/29/16$10: D Cell.2016.HDRip.XViDGETRG 10/29/16$10: D Cell.2016.HDRip.XViDGETRG 10/29/16$10: D Cell.2016.HDRip.XViDGETRG 10/29/16$11: D Cell.2016.HDRip.XViDGETRG 10/29/16$12: D Cell.2016.HDRip.XViDGETRG 10/29/16$22: D Cell.2016.HDRip.XViDGETRG 10/29/16$22: D Cell.2016.HDRip.XViDGETRG 10/29/16$23: D Cell.2016.HDRip.XViDGETRG 10/29/16$23: D Cell.2016.HDRip.XViDGETRG 10/30/16$0: D Cell.2016.HDRip.XViDGETRG 10/30/16$1: D Cell.2016.HDRip.XViDGETRG 10/30/16$1: D Cell.2016.HDRip.XViDGETRG 10/30/16$2: D Cell.2016.HDRip.XViDGETRG 10/30/16$2: D Cell.2016.HDRip.XViDGETRG 10/30/16$3: D Cell.2016.HDRip.XViDGETRG 10/30/16$3: D Cell.2016.HDRip.XViDGETRG 10/30/16$4: D Cell.2016.HDRip.XViDGETRG 10/30/16$5: D Cell.2016.HDRip.XViDGETRG 10/30/16$6: D Cell.2016.HDRip.XViDGETRG 10/30/16$6: D Cell.2016.HDRip.XViDGETRG 10/30/16$7: D Cell.2016.HDRip.XViDGETRG 10/30/16$7: D Cell.2016.HDRip.XViDGETRG 10/30/16$8: D Cell.2016.HDRip.XViDGETRG 10/30/16$8:39 EXHIBIT 3 Page 7 of 67

18 Case 3:17-cv SB Document 26-3 Filed 06/26/17 Page 4 of 9 - Comcast Account D Cell.2016.HDRip.XViDGETRG 10/31/16$8: D Cell.2016.HDRip.XViDGETRG 11/1/16$3: D Cell.2016.HDRip.XViDGETRG 11/1/16$5: D Cell.2016.HDRip.XViDGETRG 11/1/16$5: D Cell.2016.HDRip.XViDGETRG 11/1/16$6: D Cell.2016.HDRip.XViDGETRG 11/1/16$10: D Cell.2016.HDRip.XViDGETRG 11/1/16$10: D Cell.2016.HDRip.XViDGETRG 11/1/16$11: D Cell.2016.HDRip.XViDGETRG 11/1/16$13: D Cell.2016.HDRip.XViDGETRG 11/1/16$13: D Cell.2016.HDRip.XViDGETRG 11/1/16$14: D Cell.2016.HDRip.XViDGETRG 11/1/16$14: D Cell.2016.HDRip.XViDGETRG 11/1/16$15: D Cell.2016.HDRip.XViDGETRG 11/1/16$16: D Cell.2016.HDRip.XViDGETRG 11/1/16$17: D Cell.2016.HDRip.XViDGETRG 11/1/16$17: D Cell.2016.HDRip.XViDGETRG 11/1/16$18: D Cell.2016.HDRip.XViDGETRG 11/1/16$18: D Cell.2016.HDRip.XViDGETRG 11/1/16$20: D Cell.2016.HDRip.XViDGETRG 11/1/16$23: D Cell.2016.HDRip.XViDGETRG 11/1/16$23: D Cell.2016.HDRip.XViDGETRG 11/2/16$0: D Cell.2016.HDRip.XViDGETRG 11/2/16$1: D Cell.2016.HDRip.XViDGETRG 11/2/16$2: D Cell.2016.HDRip.XViDGETRG 11/2/16$2: D Cell.2016.HDRip.XViDGETRG 11/2/16$2: D Cell.2016.HDRip.XViDGETRG 11/2/16$21: D Cell.2016.HDRip.XViDGETRG 11/2/16$21: D Cell.2016.HDRip.XViDGETRG 11/2/16$21: D Cell.2016.HDRip.XViDGETRG 11/2/16$21: D Cell.2016.HDRip.XViDGETRG 11/3/16$6: D Cell.2016.HDRip.XViDGETRG 11/3/16$7: D Cell.2016.HDRip.XViDGETRG 11/3/16$8: D Cell.2016.HDRip.XViDGETRG 11/3/16$8: D Cell.2016.HDRip.XViDGETRG 11/3/16$9: D Cell.2016.HDRip.XViDGETRG 11/3/16$10: D Cell.2016.HDRip.XViDGETRG 11/3/16$10: D Cell.2016.HDRip.XViDGETRG 11/3/16$20: D Cell.2016.HDRip.XViDGETRG 11/4/16$5: D Cell.2016.HDRip.XViDGETRG 11/4/16$5: D Cell.2016.HDRip.XViDGETRG 11/4/16$6: D Cell.2016.HDRip.XViDGETRG 11/4/16$6: D Cell.2016.HDRip.XViDGETRG 11/4/16$10: D Cell.2016.HDRip.XViDGETRG 11/4/16$12: D Cell.2016.HDRip.XViDGETRG 11/4/16$13: D Cell.2016.HDRip.XViDGETRG 11/4/16$14: D Cell.2016.HDRip.XViDGETRG 11/4/16$15: D Cell.2016.HDRip.XViDGETRG 11/4/16$21:13 EXHIBIT 3 Page 8 of 67

19 Case 3:17-cv SB Document 26-3 Filed 06/26/17 Page 5 of 9 - Comcast Account D Cell.2016.HDRip.XViDGETRG 12/23/16$20: D Cell.2016.HDRip.XViDGETRG 12/23/16$23: D Shut.In p.BRRip.x264.AACGETRG 12/23/16$23: D Cell.2016.HDRip.XViDGETRG 12/24/16$0: D Cell.2016.HDRip.XViDGETRG 12/24/16$0: D Shut.In p.BRRip.x264.AACGETRG 12/24/16$1: D Mechanic$Resurrection$(2016)$720p$BrRip$x264 12/24/16$1: D Cell.2016.HDRip.XViDGETRG 12/24/16$1: D Cell.2016.HDRip.XViDGETRG 12/24/16$1: D Shut.In p.BRRip.x264.AACGETRG 12/24/16$2: D Mechanic$Resurrection$(2016)$720p$BrRip$x264 12/24/16$2: D Cell.2016.HDRip.XViDGETRG 12/24/16$2: D Cell.2016.HDRip.XViDGETRG 12/24/16$2: D Shut.In p.BRRip.x264.AACGETRG 12/24/16$3: D Shut.In p.BRRip.x264.AACGETRG 12/24/16$3: D Cell.2016.HDRip.XViDGETRG 12/24/16$3: D Cell.2016.HDRip.XViDGETRG 12/24/16$4: D Shut.In p.BRRip.x264.AACGETRG 12/24/16$4: D Cell.2016.HDRip.XViDGETRG 12/24/16$4: D Cell.2016.HDRip.XViDGETRG 12/24/16$5: D Cell.2016.HDRip.XViDGETRG 12/24/16$5: D Shut.In p.BRRip.x264.AACGETRG 12/24/16$5: D Cell.2016.HDRip.XViDGETRG 12/24/16$6: D Shut.In p.BRRip.x264.AACGETRG 12/24/16$6: D Cell.2016.HDRip.XViDGETRG 12/24/16$6: D Mechanic$Resurrection$(2016)$720p$BrRip$x264 12/24/16$7: D Mechanic$Resurrection$(2016)$720p$BrRip$x264 12/24/16$7: D Cell.2016.HDRip.XViDGETRG 12/24/16$7: D Cell.2016.HDRip.XViDGETRG 12/24/16$7: D Mechanic$Resurrection$(2016)$720p$BrRip$x264 12/24/16$8: D Cell.2016.HDRip.XViDGETRG 12/24/16$8: D Cell.2016.HDRip.XViDGETRG 12/24/16$8: D Mechanic$Resurrection$(2016)$720p$BrRip$x264 12/24/16$9: D Cell.2016.HDRip.XViDGETRG 12/24/16$9: D Cell.2016.HDRip.XViDGETRG 12/24/16$9: D Cell.2016.HDRip.XViDGETRG 12/24/16$10: D Mechanic$Resurrection$(2016)$720p$BrRip$x264 12/24/16$10: D Cell.2016.HDRip.XViDGETRG 12/24/16$11: D Cell.2016.HDRip.XViDGETRG 12/24/16$11: D Mechanic$Resurrection$(2016)$720p$BrRip$x264 12/24/16$11: D Mechanic$Resurrection$(2016)$720p$BrRip$x264 12/24/16$12: D Cell.2016.HDRip.XViDGETRG 12/24/16$12: D Cell.2016.HDRip.XViDGETRG 12/24/16$12: D Cell.2016.HDRip.XViDGETRG 12/24/16$13: D Cell.2016.HDRip.XViDGETRG 12/24/16$13: D Cell.2016.HDRip.XViDGETRG 12/24/16$14: D Cell.2016.HDRip.XViDGETRG 12/24/16$14: D Cell.2016.HDRip.XViDGETRG 12/24/16$15:47 EXHIBIT 3 Page 26 of 67

20 Case 3:17-cv SB Document 26-3 Filed 06/26/17 Page 6 of 9 - Comcast Account D Cell.2016.HDRip.XViDGETRG 12/24/16$15: D Cell.2016.HDRip.XViDGETRG 12/24/16$17: D Mechanic$Resurrection$(2016)$720p$BrRip$x264 12/24/16$18: D Cell.2016.HDRip.XViDGETRG 12/24/16$18: D Shut.In p.BRRip.x264.AACGETRG 12/24/16$18: D Cell.2016.HDRip.XViDGETRG 12/24/16$19: D Shut.In p.BRRip.x264.AACGETRG 12/24/16$19: D Cell.2016.HDRip.XViDGETRG 12/24/16$19: D Cell.2016.HDRip.XViDGETRG 12/24/16$20: D Shut.In p.BRRip.x264.AACGETRG 12/24/16$20: D Cell.2016.HDRip.XViDGETRG 12/24/16$20: D Mechanic$Resurrection$(2016)$720p$BrRip$x264 12/24/16$20: D Cell.2016.HDRip.XViDGETRG 12/24/16$21: D Shut.In p.BRRip.x264.AACGETRG 12/24/16$21: D Cell.2016.HDRip.XViDGETRG 12/24/16$21: D Cell.2016.HDRip.XViDGETRG 12/24/16$22: D Shut.In p.BRRip.x264.AACGETRG 12/24/16$22: D Cell.2016.HDRip.XViDGETRG 12/24/16$22: D Cell.2016.HDRip.XViDGETRG 12/24/16$23: D Shut.In p.BRRip.x264.AACGETRG 12/24/16$23: D Cell.2016.HDRip.XViDGETRG 12/24/16$23: D Shut.In p.BRRip.x264.AACGETRG 12/25/16$12: D Shut.In p.BRRip.x264.AACGETRG 12/25/16$13: D Cell.2016.HDRip.XViDGETRG 12/25/16$13: D Cell.2016.HDRip.XViDGETRG 12/25/16$13: D Shut.In p.BRRip.x264.AACGETRG 12/25/16$14: D Shut.In p.BRRip.x264.AACGETRG 12/25/16$14: D Cell.2016.HDRip.XViDGETRG 12/25/16$14: D Cell.2016.HDRip.XViDGETRG 12/25/16$14: D Cell.2016.HDRip.XViDGETRG 12/25/16$15: D Cell.2016.HDRip.XViDGETRG 12/25/16$15: D Mechanic$Resurrection$(2016)$720p$BrRip$x264 12/25/16$16: D Shut.In p.BRRip.x264.AACGETRG 12/25/16$16: D Shut.In p.BRRip.x264.AACGETRG 12/25/16$16: D Cell.2016.HDRip.XViDGETRG 12/25/16$16: D Cell.2016.HDRip.XViDGETRG 12/25/16$16: D Shut.In p.BRRip.x264.AACGETRG 12/25/16$17: D Mechanic$Resurrection$(2016)$720p$BrRip$x264 12/25/16$17: D Shut.In p.BRRip.x264.AACGETRG 12/25/16$17: D Cell.2016.HDRip.XViDGETRG 12/25/16$17: D Cell.2016.HDRip.XViDGETRG 12/25/16$17: D Shut.In p.BRRip.x264.AACGETRG 12/25/16$18: D Cell.2016.HDRip.XViDGETRG 12/25/16$18: D Shut.In p.BRRip.x264.AACGETRG 12/25/16$18: D Cell.2016.HDRip.XViDGETRG 12/25/16$18: D Cell.2016.HDRip.XViDGETRG 12/25/16$19: D Cell.2016.HDRip.XViDGETRG 12/25/16$19: D Mechanic$Resurrection$(2016)$720p$BrRip$x264 12/25/16$19:49 EXHIBIT 3 Page 27 of 67

21 Case 3:17-cv SB Document 26-3 Filed 06/26/17 Page 7 of 9 - Comcast Account D Shut.In p.BRRip.x264.AACGETRG 12/25/16$20: D Shut.In p.BRRip.x264.AACGETRG 12/25/16$20: D Mechanic$Resurrection$(2016)$720p$BrRip$x264 12/25/16$20: D Cell.2016.HDRip.XViDGETRG 12/25/16$21: D Cell.2016.HDRip.XViDGETRG 12/25/16$21: D Cell.2016.HDRip.XViDGETRG 12/25/16$21: D Shut.In p.BRRip.x264.AACGETRG 12/25/16$21: D Shut.In p.BRRip.x264.AACGETRG 12/25/16$21: D Mechanic$Resurrection$(2016)$720p$BrRip$x264 12/25/16$21: D Mechanic$Resurrection$(2016)$720p$BrRip$x264 12/25/16$21: D Cell.2016.HDRip.XViDGETRG 12/25/16$22: D Cell.2016.HDRip.XViDGETRG 12/25/16$22: D Shut.In p.BRRip.x264.AACGETRG 12/25/16$22: D Shut.In p.BRRip.x264.AACGETRG 12/25/16$22: D Cell.2016.HDRip.XViDGETRG 12/25/16$23: D Cell.2016.HDRip.XViDGETRG 12/25/16$23: D Cell.2016.HDRip.XViDGETRG 12/25/16$23: D Mechanic$Resurrection$(2016)$720p$BrRip$x264 12/25/16$23: D Shut.In p.BRRip.x264.AACGETRG 12/25/16$23: D Shut.In p.BRRip.x264.AACGETRG 12/25/16$23: D Cell.2016.HDRip.XViDGETRG 12/26/16$0: D Cell.2016.HDRip.XViDGETRG 12/26/16$0: D Shut.In p.BRRip.x264.AACGETRG 12/26/16$0: D Shut.In p.BRRip.x264.AACGETRG 12/26/16$0: D Cell.2016.HDRip.XViDGETRG 12/26/16$1: D Cell.2016.HDRip.XViDGETRG 12/26/16$1: D Shut.In p.BRRip.x264.AACGETRG 12/26/16$1: D Mechanic$Resurrection$(2016)$720p$BrRip$x264 12/26/16$1: D Mechanic$Resurrection$(2016)$720p$BrRip$x264 12/26/16$2: D Cell.2016.HDRip.XViDGETRG 12/26/16$2: D Cell.2016.HDRip.XViDGETRG 12/26/16$2: D Shut.In p.BRRip.x264.AACGETRG 12/26/16$3: D Mechanic$Resurrection$(2016)$720p$BrRip$x264 12/26/16$3: D Cell.2016.HDRip.XViDGETRG 12/26/16$3: D Cell.2016.HDRip.XViDGETRG 12/26/16$3: D Shut.In p.BRRip.x264.AACGETRG 12/26/16$3: D Cell.2016.HDRip.XViDGETRG 12/26/16$4: D Mechanic$Resurrection$(2016)$720p$BrRip$x264 12/26/16$4: D Cell.2016.HDRip.XViDGETRG 12/26/16$4: D Shut.In p.BRRip.x264.AACGETRG 12/26/16$4: D Cell.2016.HDRip.XViDGETRG 12/26/16$5: D Cell.2016.HDRip.XViDGETRG 12/26/16$5: D Shut.In p.BRRip.x264.AACGETRG 12/26/16$5: D Mechanic$Resurrection$(2016)$720p$BrRip$x264 12/26/16$6: D Shut.In p.BRRip.x264.AACGETRG 12/26/16$6: D Cell.2016.HDRip.XViDGETRG 12/26/16$6: D Shut.In p.BRRip.x264.AACGETRG 12/26/16$6: D Mechanic$Resurrection$(2016)$720p$BrRip$x264 12/26/16$6:46 EXHIBIT 3 Page 28 of 67