Case 4:17-cv Document 1 Filed 10/17/17 Page 1 of 7

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1 Case :-cv-0 Document Filed 0// Page of Lincoln D. Bandlow, Esq. (CA #0) Fox Rothschild LLP 00 Constellation Blvd., Suite 00 Los Angeles, CA 00 Tel.: (0) -0 Fax: (0) - lbandlow@foxrothschild.com Attorneys for Plaintiff 0 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION STRIKE HOLDINGS, LLC, Case Number: vs. Plaintiff, COMPLAINT FOR COPYRIGHT INFRINGEMENT - DEMAND FOR JURY TRIAL 0 JOHN DOE subscriber assigned IP address..., Defendant. Plaintiff, Strike Holdings, LLC, brings this complaint against John Doe subscriber assigned IP address..., and alleges as follows: Introduction. This is a case about the ongoing and wholesale copyright infringement of Plaintiff s movies by Defendant, currently known only by an IP address.. Plaintiff, Strike Holdings, LLC ( Strike or Plaintiff ) is the owner of award winning, critically acclaimed adult motion pictures.. Strike s motion pictures are distributed through the Blacked, Tushy, and Vixen adult websites and DVDs. With more than 0 million unique visitors to its websites each month, the brands are famous for redefining adult content, creating high-end, artistic, and performer-inspiring motion pictures produced with a Hollywood style budget and quality.. Defendant is, in a word, stealing these works on a grand scale. Using the

2 Case :-cv-0 Document Filed 0// Page of 0 0 BitTorrent protocol, Defendant is committing rampant and wholesale copyright infringement by downloading Strike s motion pictures as well as distributing them to others. Defendant did not infringe just one or two of Strike s motion pictures, but has been recorded infringing movies over an extended period of time.. Although Defendant attempted to hide this theft by infringing Plaintiff s content anonymously, Defendant s Internet Service Provider ( ISP ), AT&T Inc. ( AT&T U-verse ), can identify Defendant through his or her IP address.... This is a civil action seeking damages under the United States Copyright Act of, as amended, U.S.C. 0 et seq. (the Copyright Act ). Jurisdiction and Venue. This Court has subject matter jurisdiction over this action pursuant to U.S.C. (federal question); and U.S.C. (jurisdiction over copyright actions).. This Court has personal jurisdiction over Defendant because Defendant used an Internet Protocol address ( IP address ) traced to a physical address located within this District to commit copyright infringement. Therefore (i) Defendant committed the tortious conduct alleged in this Complaint in this State; and, (ii) Defendant resides in this State and/or; (iii) Defendant has engaged in substantial and not isolated business activity in this State.. Plaintiff used IP address geolocation technology by Maxmind Inc. ( Maxmind ), an industry-leading provider of IP address intelligence and online fraud detection tools, to determine that Defendant s IP address traced to a physical address in this District. Over,000 companies, along with United States federal and state law enforcement, use Maxmind s GeoIP data to locate Internet visitors, perform analytics, enforce digital rights, and efficiently route Internet traffic. 0. Pursuant to U.S.C. (b) and (c), venue is proper in this district because: (i) a substantial part of the events or omissions giving rise to the claims occurred in this District; and, (ii) the Defendant resides (and therefore can be found) in this District and resides in this State. Additionally, venue is proper in this District pursuant U.S.C. 00(a) (venue for

3 Case :-cv-0 Document Filed 0// Page of 0 0 copyright cases) because Defendant or Defendant s agent resides or may be found in this District. Parties. Strike is a Delaware limited liability company located at 0 S. Dupont Hwy, Camden, DE.. Plaintiff currently can only identify Defendant by his or her IP address. Defendant s IP address is... Defendant s name and address can be provided by Defendant s Internet Service Provider. Factual Background Plaintiff s Award-Winning Copyrights. Strike s subscription based websites proudly boast a paid subscriber base that is one of the highest of any adult-content sites in the world. Strike also licenses its motion pictures to popular broadcasters and Strike s motion pictures are the number one selling adult DVDs in the United States.. Strike s motion pictures and websites have won numerous awards, such as best cinematography, best new studio, and adult site of the year. One of Strike s owners, two-time director of the year Greg Lansky, has been dubbed the adult film industry s answer to Steven Spielberg.. Strike s motion pictures have had positive global impact, leading more adult studios to invest in better content, higher pay for performers, and to treat each performer with respect and like an artist.. Unfortunately, Strike, like a large number of other makers of motion picture and television works, has a major problem with Internet piracy. Often appearing among the most infringed popular entertainment content on torrent websites, Strike s motion pictures are among the most pirated content in the world. Defendant Used the BitTorrent File Distribution Network to Infringe Plaintiff s Copyrights. BitTorrent is a system designed to quickly distribute large files over the Internet. Instead of downloading a file, such as a movie, from a single source, BitTorrent users are able

4 Case :-cv-0 Document Filed 0// Page of 0 0 to connect to the computers of other BitTorrent users in order to simultaneously download and upload pieces of the file from and to other users.. To use BitTorrent to download a movie, the user has to obtain a torrent file for that movie, from a torrent website. The torrent file contains instructions for identifying the Internet addresses of other BitTorrent users who have the movie, and for downloading the movie from those users. Once a user downloads all of the pieces of that movie from the other BitTorrent users, the movie is automatically reassembled into its original form, ready for playing.. BitTorrent s popularity stems from the ability of users to directly interact with each other to distribute a large file without creating a heavy load on any individual source computer and/or network. It enables Plaintiff s motion pictures, which are often filmed in state of the art khd, to be transferred quickly and efficiently. Moreover, BitTorrent is designed so that the more files a user offers for download to others, the faster the user s own downloads become. In this way, each user benefits from illegally distributing other s content and violating copyright laws. 0. Each piece of a BitTorrent file is assigned a unique cryptographic hash value.. The cryptographic hash value of the piece ( piece hash ) acts as that piece s unique digital fingerprint. Every digital file has one single possible cryptographic hash value correlating to it. The BitTorrent protocol utilizes cryptographic hash values to ensure each piece is properly routed amongst BitTorrent users as they engage in file sharing.. The entirety of the digital media file also has a unique cryptographic hash value ( file hash ), which acts as a digital fingerprint identifying the digital media file (e.g. a movie). Once infringers complete the downloading of all pieces which comprise a digital media file, the BitTorrent software uses the file hash to determine that the file is complete and accurate.. Defendant used the BitTorrent file network to illegally download and distribute Plaintiff s copyrighted motion pictures.. Plaintiff s investigator, IPP International U.G. ( IPP ) established direct TCP/IP connections with the Defendant s IP address as outlined on Exhibit A while Defendant was

5 Case :-cv-0 Document Filed 0// Page of 0 0 using the BitTorrent file distribution network.. While Defendant was infringing, IPP downloaded from Defendant one or more pieces of the digital media files containing Strike s motion pictures listed on Exhibit A ( Works ).. A full copy of each digital media file was downloaded from the BitTorrent file distribution network, and it was confirmed through independent calculation that the file hash correlating to each file matched the file hash downloaded by Defendant.. Defendant downloaded, copied, and distributed a complete copy of Plaintiff s Works without authorization.. At no point was Plaintiff s copyrighted content uploaded by IPP to any BitTorrent user.. The digital media files have been verified to contain a digital copy of a motion picture that is identical (or alternatively, strikingly similar or substantially similar) to Plaintiff s corresponding original copyrighted Works. 0. Defendant s infringement is continuous and ongoing. Absent this lawsuit, Plaintiff knows of no way to effectively prevent Defendant from infringing Plaintiff s motion pictures.. Plaintiff owns the copyrights to the Works and the Works have either been registered with the United States Copyright Office or have pending copyright registrations. The United States Copyright Office registration information for the Works, including the registration number, is outlined on Exhibit A.. For Plaintiff s Works that are still pending registration, a complete application, fees, and deposit materials for copyright registration have been received by the Copyright Office in compliance with the Copyright Act, U.S.C. 0, et seq. The application number is listed on Exhibit A.. Plaintiff is entitled to seek statutory damages and attorneys fees under U.S.C. 0 of the United States Copyright Act.

6 Case :-cv-0 Document Filed 0// Page of 0 COUNT I Direct Copyright Infringement. The allegations contained in paragraphs - are hereby re-alleged as if fully set forth herein.. Plaintiff is the owner of the Works, which is an original work of authorship.. Defendant copied and distributed the constituent elements of Plaintiff s Works using the BitTorrent protocol.. At no point in time did Plaintiff authorize, permit or consent to Defendant s distribution of its Works, expressly or otherwise.. As a result of the foregoing, Defendant violated Plaintiff s exclusive right to: (A) Reproduce its Works in copies, in violation of U.S.C. 0() and 0; (B) Distribute copies of the Works to the public by sale or other transfer of ownership, or by rental, lease or lending, in violation of U.S.C. 0() and 0; (C) Perform the copyrighted Works, in violation of U.S.C. 0() and 0, by showing the Works images in any sequence and/or by making the sounds accompanying the Works audible and transmitting said performance of the work, by means of a device or process, to members of the public capable of receiving the display (as set forth in U.S.C. 0 s definitions of perform and publically perform); and (D) Display the copyrighted Works, in violation of U.S.C. 0() and 0, by 0 showing individual images of the works non-sequentially 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 U.S.C. 0 s definition of publicly display).. Defendant s infringements were committed willfully within the meaning of U.S.C. 0(c)(). WHEREFORE, Plaintiff respectfully requests that the Court: (A) Permanently enjoin Defendant from continuing to infringe Plaintiff s copyrighted Works; (B) Order that Defendant delete and permanently remove the digital media files

7 Case :-cv-0 Document Filed 0// Page of relating to Plaintiff s Works from each of the computers under Defendant s possession, custody or control; (C) Order that Defendant delete and permanently remove the infringing copies of the Works Defendant has on computers under Defendant s possession, custody or control; (D) Award Plaintiff statutory damages per infringed work pursuant to U.S.C. 0(a) and (c); (E) Award Plaintiff its reasonable attorneys fees and costs pursuant to U.S.C. 0; and 0 (F) Grant Plaintiff any other and further relief this Court deems just and proper. DEMAND FOR A JURY TRIAL Plaintiff hereby demands a trial by jury on all issues so triable. Respectfully submitted, By: /s/ Lincoln D. Bandlow Lincoln D. Bandlow, Esq. FOX ROTHSCHILD LLP Attorney for Plaintiff 0

8 JS-CAND (Rev. 0/) Case :-cv-0 Document - Filed 0// Page of CIVIL COVER SHEET The JS-CAND civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This form, approved in its original form by the Judicial Conference of the United States in September, is required for the Clerk of Court to initiate the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.) I. (a) PLAINTIFFS DEFENDANTS STRIKE HOLDINGS, LLC JOHN DOE subscriber assigned IP address... (b) County of Residence of First Listed Plaintiff (EXCEPT IN U.S. PLAINTIFF CASES) (c) Attorneys (Firm Name, Address, and Telephone Number) County of Residence of First Listed Defendant (IN U.S. PLAINTIFF CASES ONLY) NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED. Attorneys (If Known) II. BASIS OF JURISDICTION (Place an X in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for Plaintiff IV. U.S. Government Plaintiff Federal Question (U.S. Government Not a Party) U.S. Government Defendant Diversity (Indicate Citizenship of Parties in Item III) (For Diversity Cases Only) and One Box for Defendant) PTF DEF PTF DEF Citizen of This State Incorporated or Principal Place of Business In This State Citizen of Another State Incorporated and Principal Place of Business In Another State Citizen or Subject of a Foreign Nation Foreign Country NATURE OF SUIT (Place an X in One Box Only) CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES 0 Insurance 0 Marine 0 Miller Act 0 Negotiable Instrument 0 Recovery of Overpayment Of Veteran s Benefits Medicare Act Recovery of Defaulted Student Loans (Excludes Veterans) Recovery of Overpayment of Veteran s Benefits 0 Stockholders Suits 0 Other Contract Contract Product Liability Franchise REAL PROPERTY 0 Land Condemnation 0 Foreclosure 0 Rent Lease & Ejectment 0 Torts to Land Tort Product Liability 0 All Other Real Property PERSONAL INJURY 0 Airplane Airplane Product Liability 0 Assault, Libel & Slander 0 Federal Employers Liability 0 Marine Marine Product Liability 0 Motor Vehicle Motor Vehicle Product Liability 0 Other Personal Injury Personal Injury -Medical Malpractice CIVIL RIGHTS 0 Other Civil Rights Voting Employment Housing/ Accommodations Amer. w/disabilities Employment Amer. w/disabilities Other Education Kent County, DE Fox Rothschild LLP, 00 Constellation Blvd., Suite 00 Los Angeles, CA 00, Tel.: (0) -0 PERSONAL INJURY Personal Injury Product Liability Health Care/ Pharmaceutical Personal Injury Product Liability Asbestos Personal Injury Product Liability PERSONAL PROPERTY 0 Other Fraud Truth in Lending 0 Other Personal Property Damage Property Damage Product Liability PRISONER PETITIONS HABEAS CORPUS Alien Detainee 0 Motions to Vacate Sentence 0 General Death Penalty OTHER 0 Mandamus & Other 0 Civil Rights Prison Condition 0 Civil Detainee Conditions of Confinement Drug Related Seizure of Property USC 0 Other LABOR 0 Fair Labor Standards Act 0 Labor/Management Relations 0 Railway Labor Act Family and Medical Leave Act 0 Other Labor Litigation Employee Retirement Income Security Act IMMIGRATION Naturalization Application Other Immigration Actions Appeal USC Withdrawal USC PROPERTY RIGHTS 0 Copyrights 0 Patent Patent Abbreviated New Drug Application 0 Trademark SOCIAL SECURITY HIA (ff) Black Lung () DIWC/DIWW (0(g)) SSID Title XVI RSI (0(g)) FEDERAL TAX SUITS 0 Taxes (U.S. Plaintiff or Defendant) IRS Third Party USC 0 <County> County False Claims Act Qui Tam ( USC (a)) 00 State Reapportionment 0 Antitrust 0 Banks and Banking 0 Commerce 0 Deportation 0 Racketeer Influenced & Corrupt Organizations 0 Consumer Credit 0 Cable/Sat TV 0 Securities/Commodities/ Exchange 0 Other Statutory Actions Agricultural Acts Environmental Matters Freedom of Information Act Arbitration Administrative Procedure Act/Review or Appeal of Agency Decision 0 Constitutionality of State Statutes V. ORIGIN (Place an X in One Box Only) Original Proceeding Removed from State Court Remanded from Appellate Court Reinstated or Reopened Transferred from Another District (specify) Multidistrict Litigation Transfer Multidistrict Litigation Direct File VI. VII. CAUSE OF ACTION REQUESTED IN COMPLAINT: VIII. RELATED CASE(S), IF ANY (See instructions): Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity): U.S.C. 0 Brief description of cause: Copyright Infringement CHECK IF THIS IS A CLASS ACTION UNDER RULE, Fed. R. Civ. P. JUDGE DEMAND $ 0000 DOCKET NUMBER CHECK YES only if demanded in complaint: JURY DEMAND: Yes No IX. DIVISIONAL ASSIGNMENT (Civil Local Rule -) (Place an X in One Box Only) x SAN FRANCISCO/OAKLAND SAN JOSE EUREKA-MCKINLEYVILLE DATE 0//0 SIGNATURE OF ATTORNEY OF RECORD /s/ Lincoln D. Bandlow

9 JS-CAND (rev. 0/) Case :-cv-0 Document - Filed 0// Page of INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS-CAND Authority For Civil Cover Sheet. The JS-CAND civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as required by law, except as provided by local rules of court. This form, approved in its original form by the Judicial Conference of the United States in September, is required for the Clerk of Court to initiate the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil complaint filed. The attorney filing a case should complete the form as follows: I. a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then the official, giving both name and title. II. III. IV. b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land condemnation cases, the county of residence of the defendant is the location of the tract of land involved.) c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting in this section (see attachment). Jurisdiction. The basis of jurisdiction is set forth under Federal Rule of Civil Procedure (a), which requires that jurisdictions be shown in pleadings. Place an X in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below. () United States plaintiff. Jurisdiction based on USC and. Suits by agencies and officers of the United States are included here. () United States defendant. When the plaintiff is suing the United States, its officers or agencies, place an X in this box. () Federal question. This refers to suits under USC, where jurisdiction arises under the Constitution of the United States, an amendment to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes precedence, and box or should be marked. () Diversity of citizenship. This refers to suits under USC, where parties are citizens of different states. When Box is checked, the citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity cases.) Residence (citizenship) of Principal Parties. This section of the JS-CAND is to be completed if diversity of citizenship was indicated above. Mark this section for each principal party. Nature of Suit. Place an X in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is sufficient to enable the deputy clerk or the statistical clerk(s) in the Administrative Office to determine the nature of suit. If the cause fits more than one nature of suit, select the most definitive. V. Origin. Place an X in one of the six boxes. VI. () Original Proceedings. Cases originating in the United States district courts. () Removed from State Court. Proceedings initiated in state courts may be removed to the district courts under Title USC. When the petition for removal is granted, check this box. () Remanded from Appellate Court. Check this box for cases remanded to the district court for further action. Use the date of remand as the filing date. () Reinstated or Reopened. Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date. () Transferred from Another District. For cases transferred under Title USC 0(a). Do not use this for within district transfers or multidistrict litigation transfers. () Multidistrict Litigation Transfer. Check this box when a multidistrict case is transferred into the district under authority of Title USC 0. When this box is checked, do not check () above. () Multidistrict Litigation Direct File. Check this box when a multidistrict litigation case is filed in the same district as the Master MDL docket. Please note that there is no Origin Code. Origin Code was used for historical records and is no longer relevant due to changes in statute. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional statutes unless diversity. Example: U.S. Civil Statute: USC. Brief Description: Unauthorized reception of cable service. VII. Requested in Complaint. Class Action. Place an X in this box if you are filing a class action under Federal Rule of Civil Procedure. Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction. Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded. VIII. Related Cases. This section of the JS-CAND is used to identify related pending cases, if any. If there are related pending cases, insert the docket numbers and the corresponding judge names for such cases. IX. Divisional Assignment. If the Nature of Suit is under Property Rights or Prisoner Petitions or the matter is a Securities Class Action, leave this section blank. For all other cases, identify the divisional venue according to Civil Local Rule -: the county in which a substantial part of the events or omissions which give rise to the claim occurred or in which a substantial part of the property that is the subject of the action is situated. Date and Attorney Signature. Date and sign the civil cover sheet.