WWW.THESIS.XLIBX.INFO
FREE ELECTRONIC LIBRARY - Thesis, documentation, books
 
<< HOME
CONTACTS



Pages:     | 1 | 2 ||

«UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Miami Division Case No. _ ATLANTIC RECORDING CORPORATION, WARNER BROS. RECORDS INC., UMG ...»

-- [ Page 3 ] --

59. Defendants are liable as contributory copyright infringers for the infringing acts of users of Aurous. Defendants have specific, actual, and constructive knowledge of both the infringing activity at the sources of unauthorized copies of Plaintiffs’ works that Aurous locates and to which it links, and of the infringing activity of Aurous’s users. Defendants knowingly cause and otherwise materially contribute to their users’ infringements of Plaintiffs’ copyrighted sound recordings, including but not limited to those sound recordings listed in Exhibit A hereto.

Case 1:15-cv-23810-XXXX Document 1 Entered on FLSD Docket 10/13/2015 Page 16 of 20

60. The infringement of Plaintiffs’ rights in each of their copyrighted sound recordings constitutes a separate and distinct act of infringement.

61. Defendants’ acts of infringement are willful, intentional, and purposeful, in disregard of and indifferent to the rights of Plaintiffs.

62. As a direct and proximate result of Defendants’ infringement of Plaintiffs’ copyrights and exclusive rights under copyright, Plaintiffs are entitled to the maximum statutory damages, pursuant to 17 U.S.C. § 504(c), in the amount of $150,000 with respect to each work infringed, or such other amounts as may be proper under 17 U.S.C. § 504(c). In the alternative, at Plaintiffs’ election pursuant to 17 U.S.C. § 504(b), Plaintiffs are entitled to their actual damages, including Defendants’ profits from infringement, in amounts to be proven at trial.

63. Plaintiffs are entitled to their costs, including reasonable attorneys’ fees, pursuant

–  –  –

64. Defendants’ conduct is causing and, unless enjoined by this Court, will continue to cause Plaintiffs great and irreparable injury that cannot fully be compensated or measured in money. Plaintiffs have no adequate remedy at law. Pursuant to 17 U.S.C. § 502, Plaintiffs are entitled to a temporary restraining order and preliminary and permanent injunctive relief prohibiting infringement of Plaintiffs’ copyrights and exclusive rights under copyright.

–  –  –

65. Plaintiffs repeat and reallege every allegation contained in paragraphs 1 through 45, 47 through 56, and 58 through 64, as if fully set forth herein.

Case 1:15-cv-23810-XXXX Document 1 Entered on FLSD Docket 10/13/2015 Page 17 of 20

66. As detailed above, users of Defendants’ service are engaged in repeated, widespread, and rapidly growing infringement of Plaintiffs’ exclusive rights under the Copyright

–  –  –

67. Defendants are vicariously liable for the infringing acts of users of Aurous.

Defendants have the right and ability to supervise and control the infringing activities that occur through the use of Aurous, and at all relevant times have derived a direct financial benefit from the infringement of Plaintiffs’ copyrights. Defendants have failed to take any meaningful action to prevent the widespread and rapidly growing infringement by their users and in fact have taken affirmative steps to encourage, promote, and assist infringement by their users. Defendants are therefore vicariously liable for the infringement of Plaintiffs’ copyrighted sound recordings, including but not limited to those sound recordings listed in Exhibit A hereto.

68. The infringement of Plaintiffs’ rights in each of their copyrighted sound recordings constitutes a separate and distinct act of infringement.

69. Defendants’ acts of infringement are willful, intentional, and purposeful, in disregard of and indifferent to the rights of Plaintiffs.

70. As a direct and proximate result of Defendants’ infringement of Plaintiffs’ copyrights and exclusive rights under copyright, Plaintiffs are entitled to the maximum statutory damages, pursuant to 17 U.S.C. § 504(c), in the amount of $150,000 with respect to each work infringed, or such other amounts as may be proper under 17 U.S.C. § 504(c). In the alternative, at Plaintiffs’ election pursuant to 17 U.S.C. § 504(b), Plaintiffs are entitled to their actual damages, including Defendants’ profits from infringement, in amounts to be proven at trial.

71. Plaintiffs are entitled to their costs, including reasonable attorneys’ fees, pursuant

–  –  –

Case 1:15-cv-23810-XXXX Document 1 Entered on FLSD Docket 10/13/2015 Page 18 of 20

72. Defendants’ conduct is causing and, unless enjoined by this Court, will continue to cause Plaintiffs great and irreparable injury that cannot fully be compensated or measured in money. Plaintiffs have no adequate remedy at law. Pursuant to 17 U.S.C. § 502 and Federal Rule of Civil Procedure 65(d), Plaintiffs are entitled to a temporary restraining order and preliminary and permanent injunctive relief prohibiting infringement of Plaintiffs’ copyrights and exclusive rights under copyright.

***

WHEREFORE, Plaintiffs pray for judgment against Defendants as follows:

(a) for a declaration that Defendants willfully infringe Plaintiffs’ copyrights;

–  –  –

injunction requiring that Defendants and their officers, agents, servants, employees, attorneys, and all persons who in active concert or participation with each or any of them, (a) cease infringing, or causing, enabling, facilitating, encouraging, promoting and inducing or participating in the infringement of, any of Plaintiffs’ copyrights protected by the Copyright Act, whether now in existence or hereafter created, including, but not limited to, by providing hosting services that facilitate such infringement; and (b) surrender, and cease to use, the domain name of www.aurous.me;

–  –  –

including any Web hosts, domain name registrars, domain name registries, or their Case 1:15-cv-23810-XXXX Document 1 Entered on FLSD Docket 10/13/2015 Page 19 of 20 administrators, from facilitating access to any or all domain names, URLs, and websites (including, without limitation, www.aurous.me) through which Defendants infringe

–  –  –

listing Defendants’ domain names and websites (including, without limitation, www.aurous.me) through which Defendants infringe Plaintiffs’ copyrights to: (a) disable www.aurous.me and any related domain names specified by Plaintiffs through a registry hold or otherwise, and to make them inactive and non-transferable, and (b) transfer Defendants’ domain names to a registrar to be appointed by Plaintiffs to re-register the domain names in Plaintiffs’ names and under Plaintiffs’ ownership;

–  –  –

maintaining, operating, or providing advertising, financial, technical, or other support to Defendants and any other domain names, URLs or websites through which Defendants infringe Plaintiffs’ copyrights, including without limitation www.aurous.me; and

–  –  –

similar software with notice of the Order from distributing any applications, toolbars, or similar software applications that interoperate with any domain names, URLs or websites through which Defendants infringe Plaintiffs’ copyrights, including without limitation

–  –  –

(c) for statutory damages pursuant to 17 U.S.C. § 504(c), in the amount of $150,000 per infringed work, arising from Defendants’ violations of Plaintiffs’ rights under the Copyright Act or, in the alternative, at Plaintiffs’ election pursuant to 17 U.S.C. § 504(b), Plaintiffs’ actual damages, including Defendants’ profits from infringement, in amounts to be proven at trial;

Case 1:15-cv-23810-XXXX Document 1 Entered on FLSD Docket 10/13/2015 Page 20 of 20 (d) for Plaintiffs’ costs, including reasonable attorneys’ fees, pursuant to 17 U.S.C.

§ 505 and otherwise;

–  –  –



Pages:     | 1 | 2 ||


Similar works:

«Talent Management Strategies for Attracting and Retaining the Best and the Brightest College and University Professional Association for Human Resources Table of Contents Page 2 A Customized Approach to Page 28 Using Human Capital Planning to Talent Management at the University Predict Future Talent Needs BY DONALD RUSE AND KAREN JANSEN of Pennsylvania Human capital planning enables institutions to keep the BY BEVERLY EDWARDS right people in the right place at the right time in order The...»

«Distribution Agreement In presenting this thesis or dissertation as a partial fulfillment of the requirements for an advanced degree from Emory University, I hereby grant to Emory University and its agents the non-exclusive license to archive, make accessible, and display my thesis or dissertation in whole or in part in all forms of media, now or hereafter known, including display on the world wide web. I understand that I may select some access restrictions as part of the online submission of...»

«A PRACTICAL GUIDE TO dB CALCULATIONS This is a practical guide to doing dB (decibel) calculations, covering most common audio situations. You see dB numbers all the time in audio. You may understand that 3 dB is considered a just noticeable change in volume level. But, you haven't a clue how to figure out how to figure out what 24 dBm from your mixing console means to your amplifier rated for 1.4V input sensitivity. You may be aware that dB calculations involve logs (logarithms). Thanks to a...»

«GUIDA 2015/2016 Tratta dal verbale Consiglio Nazionale approvato in via definitiva il 5-10-2015. Art.1 – Chi siamo Fight 1 oggi è l'organizzazione leader degli sport da combattimento con i seguenti riconoscimenti internazionali: ISKA: International Sport Kickboxing Association; WMF: World Muay Thai Federation; WMMAA : World Mix Martial Arts Association; WKU : World Kickboxing Union; Fisav: Federation International de Savate (riconosciuta Sport Accord). Questo ultimo importante riconoscimento...»

«ANDREW KLIMAN T h e Failure of Capitalist Production U n d e r l y i n g Causes o f the G r e a t Recessi on THE FAILURE OF CAPITALIST P R O D U C TIO N Underlying Causes of the Great Recession A n d r e w K lim a n ^fpy) PlutoPress w w w.plu tob oo ks.com In memory o f Ted Kliman (1929-2009) and Chris Harman (1942-2009) For Jesse For Anne Contents viii L is t o f Tables ix List o f Figures xi L ist o f Abbreviations x ii Acknowledgm ents 1 In tro d u ctio n 2 P ro fitab ility, the C redit...»

«Introducing the Sierra Leone Local Location Event Dataset (SLL-LED) Kars de Bruijne1 University of Groningen *** This data-note introduces the Sierra Leone Local – Location Event Dataset (SLL-LED) – an event dataset of the armed conflict in Sierra Leone. These data includes an unrivalled number of events, actors and allies. The set is based entirely on local sources, and each event is geo-coded. This note first explains the process of the data construction and potential limitations. Second,...»

«Kobe House P.O.W. #13 Kobe House P.O.W. #13 A.J. Locke Old Guard Press Published in the United Kingdom in 2013 for Old Guard Press by Shearsman Books 50 Westons Hill Drive Emersons Green Bristol BS16 7DF Shearsman Books Ltd Registered Office 30–31 St. James Place, Mangotsfield, Bristol BS16 9JB (this address not for correspondence) ISBN 978-1-84861-228-0 Copyright © A. J. Locke, 1998. Copyright © The Estate of A. J. Locke, 2013. The right of A. J. Locke to be identified as the author of...»

«Servicebeschreibung: Dell Vor-Ort-Service für Drucker am nächsten Arbeitstag (Vor-Ort-Druckerservice) I. Überblick über den Vor-Ort-Druckerservice Wir haben unseren Service so gestaltet, dass eine Störung des erworbenen Dell-Geräts möglichst schnell und einfach behoben wird. Sollte der Drucker einen Fehler aufweisen, der sich per Telefon nicht lösen lässt, entsendet Dell im Rahmen des Vor-Ort-Druckerservice einen Service-Techniker an den Standort des Kunden nach Abschluss der unten...»

«+ Models PRAGMA-3945; No. of Pages 15 Available online at www.sciencedirect.com ScienceDirect Journal of Pragmatics xxx (2014) xxxxxx www.elsevier.com/locate/pragma Moments of sharing: Entextualization and linguistic repertoires in social networking Jannis Androutsopoulos * University of Hamburg, Institute for German Studies, Von-Melle-Park 6, 20146 Hamburg, Germany In memory of Jens Normann Jørgensen (19512013). Abstract This paper reports findings of a case study of the networked language...»

«M. Kevin Eagan Jr. mkeagan@gmail.com University of California, Los Angeles Graduate School of Education and Information Studies 3101D Moore Hall, Box 951521 Los Angeles, CA 90095 (310) 206-3448 EDUCATION 2010 Ph.D., Higher Education and Organizational Change University of California, Los Angeles; Los Angeles, CA 2007 M.A., Higher Education and Organizational Change University of California, Los Angeles; Los Angeles, CA 2006 M.S., Higher Education Administration North Carolina State University;...»

«REPUBLIC OF ZAMBIA ZAMBIA DEVELOPMENT AGENCY ZDA ACT (ZDA Act No. 11 of 2006) APPLICATION FOR CERTIFICATE OF REGISTRATION The Director General Tel: +260-211-220177 Zambia Development Agency Fax: +260-211-225270 P.O Box 30819 E-Mail: info@zda.org.zm Lusaka. Zambia. Web Site: http://www.zda.org.zm PART 1 1. PROJECT DETAILS. (a) Full Name of Enterprise (b) PlotNo: (c) Address (d) Province (e) Telephone No: (f) E-mail Address: (g) Date of Incorporation/Registration of the business name.. (h)...»

«Comprehension Failures in Educational Assessment Alastair Pollitt and Ayesha Ahmed Research and Evaluation Division University of Cambridge Local Examinations Syndicate Paper presented at the European Conference on Educational Research, Edinburgh September 2000 The opinions expressed in this paper are those of the authors and should not be taken as official policy of the University of Cambridge Local Examinations Syndicate or any of its subsidiaries.Contact details: Alastair Pollitt, RED,...»





 
<<  HOME   |    CONTACTS
2016 www.thesis.xlibx.info - Thesis, documentation, books

Materials of this site are available for review, all rights belong to their respective owners.
If you do not agree with the fact that your material is placed on this site, please, email us, we will within 1-2 business days delete him.