Case 2:12-cv-08333-ODW-JC Document 108-6 Filed 04/08/13 Page1of50 PageID #:2521
Case3:12-cv-02396-EMC Document69 Filed03/14/13 Pagel of 4
Paul A. Duffy (SBN 224159)
Prenda Law Inc.
161 N. Clark Street, Suite 3200 Chicago, IL 60601
3 |i Phone: 312-880-9160
Fax: 312-893-5677
N
4 || E-mail:paduffy@wefightpiracy.com Attorney for Plaintiff 5 6 a IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 : 10 AF HOLDINGS LLC, ) No. 3:12-CV-02396-EMC 11 12 Plaintiff, ) NOTICE OF ALLEGATIONS ) 13 v. 14 JOE NAVASCA ) ) 15 ) Defendant. ) 16 Plaintiff hereby notifies the Court of allegations of forgery that were made during a hearing 17 ia in a matter pending before the U.S. District Court for the Central District of California. Ingenuity 13 19 LIC v. John Doe, No. 2:12-cv-08333-OWD-JC (C.D. Cal. Mar. 11, 2013). On March 11, 2013, an
20 || individual by the name of Alan Cooper alleged that his signature was forged on two separate 21 nopeenients assigning the rights of various copyrighted works to Plaintiff, including a assignment 22 lat issue in this matter. (See, ECF No. 1-2 at 2.) Plaintiff categorically denies Mr. Cooper’s allegations, which arise nearly two years after certain of the alleged conduct occurred. Mr. Cooper has a pecuniary interest in his allegations by virtue of a lawsuit he filed against Plaintiff. Cooper v. Steele, et al., No. 27-CV-13-3463 (Minn. Dist. Ct., Hennepin Cty., 2013).
Even if Mr. Cooper’s allegations were true—and they are not—Plaintiff’s assignments,
) 28 || including the assignment at issue in the instant action, remain valid. The formal requirements of a
Exhibit 2 - Page 1 of 50
Case 2:12-cv-08333-ODW-JC Document 108-6 Filed 04/08/13 Page 2 0f50 Page ID #:2522
Case3:12-cv-02396-EMC Document69 Filed03/14/13 Page2 of 4
1 || copyright assignment are “quite simple”: a writing signed by the assignor. 17 U.S.C. § 204; Effects
2 Associates, Inc. v. Cohen, 908 F.2d 555, 557 (9th Cir. 1990) (“The rule is really quite simple: If the
3 copyright holder agrees to transfer ownership to another party, that party must get the copyright 4 holder to sign a piece of paper saying so. It doesn't have to be the Magna Charta; a one-line pro 5 j 6 forma statement will do.”); see also Order, AF Holdings LLC vy. Does 1-96, No. 11-cv-3335-JSC 7 || (N.D. Cal. Nov. 22, 2011), ECF No. 29 at 5 n.1 (“The written copyright assignment recites that it is 8 || between the original copyright owner, Heartbreaker Films, and Plaintiff here, AF Holdings, LLC. . . 9 ||. As the law requires only that the assignment be signed by the assignor and not the assignee, this m0 inconsistency does not prevent a prima facie showing of copyright ownership.”) (internal citations 11 : omitted). 12 ‘2 Mr. Cooper’s allegations relate to the assignee, not the assignor. The assignment at issue in 14 this action satisfies the Copyright Act’s formal requirements. It is a writing signed by the assignor.
15 || Plaintiffs rights in the copyrighted work in this action were transferred when the assignor executed
16 || the assignment.
17 Plaintiff is treating Mr. Cooper’s allegations with utmost seriousness and is investigating 8 their substance. Because Mr. Cooper’s allegations relate to the assignment agreement at issue in the 19 instant litigation, Plaintiff respectfully brings the matter to the Court’s attention. 20 21 2 Respectfully submitted, 23 |; DATED: March 14, 2013 24 By: /s/ Paul Duffy Paul Duffy (Bar No.224159) 25 Prenda Law Inc. 26 161 N. Clark St., Suite 3200 . Chicago, IL 60601 27 Phone: 312-880-9160 ) Fax: 312-893-5677 ; 28 mn
NOTICE OF ALLEGATIONS No. 3:12-CV-02396-EMC
Exhibit 2 - Page 2 of 50
Case 2:12-cv-08333-ODW-JC Document 108-6 Filed 04/08/13 Page 3 o0f50 Page ID #:2523
Case3:12-cv-02396-EMC Document69 Filed03/14/13 Page3 of 4
1 |]. E-mail: paduffy@wefightpiracy.com Attorney for Plaintiff
dD 28 3
NOTICE OF ALLEGATIONS No. 3:12-CV-02396-EMC
Exhibit 2 - Page 3 of 50
Case 2:12-cv-08333-ODW-JC Document 108-6 Filed 04/08/13 Page 4o0f50 Page ID #:2524
Case3:12-cv-02396-EMC Document69 Filed03/14/13 Page4 of 4
—_—
CERTIFICATE OF SERVICE
i
3 || The undersigned hereby certifies that on March 14, 2013, all individuals of record who are deemed
to have consented to electronic service are being served a true and correct copy of the foregoing a document, and all attachments and related documents, using the Court’s ECF system, in compliance with Local Rule 5-6 and General Order 45.
/s/ Paul A. Duffy
D % |
NOTICE OF ALLEGATIONS No. 3:12-CV-02396-EMC
Exhibit 2 - Page 4 of 50
Case 2:12-cv-08333-ODW-JC Document 108-6 Filed 04/08/13 Page 5of50 PageID a #:2525
112-cv-01258-JES-JAG #11 Pagelof3 E-FILED
Thursday, 14 March, 2013 11:24:55 AM Clerk, U.S. District Court, ILCD
(— IN THE UNITED STATES DISTRICT COURT aa FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION AF HOLDINGS LLC, CASE NO. 1:12-CV-01258 Plaintiff, Vv. Judge: Hon. James E. Shadid JOHN DOE, , Magistrate Judge: Hon. John A. Gorman Defendant.
NOTICE OF ALLEGATIONS
Plaintiff hereby notifies the Court of allegations of forgery that were made during a hearing in a matter pending before the U.S. District Court for the Central District of California. Ingenuityl3 LLC vy. John Doe, No. 2:12-cv-08333-OWD-JC (C.D. Cal. Mar. 11, 2013). On March 11, 2013, an individual by the name of Alan Cooper alleged that his signature was forged on two separate agreements assigning the rights of various copyrighted works to Plaintiff, including the assignment at issue in this matter. (See, ECF No. 1-2 at 2.) Plaintiff categorically denies Mr. Cooper’s allegations, which arise nearly two years after certain of snealloued conduct occurred. Mr. Cooper has a pecuniary interest in his allegations by virtue of a lawsuit he filed against Plaintiff. Cooper v. Steele, et al., No. 27-CV-13-3463 (Minn. Dist. Ct., Hennepin Cty., 2013). |
Even if Mr. Cooper’s allegations were true—and they are not—Plaintiff’s assignments, including the assignment at issue in the instant action, remain valid. The formal requirements of a copyright assignment are “quite simple”: a writing signed by the assignor. 17 U.S.C. § 204; Effects Aseiciates Inc. v. Cohen, 908 F.2d 555, 557 (9th Cir. 1990) (“The rule is really quite
1
Exhibit 2 - Page 5 of 50
Case 2:12-cv-08333-ODW-JC Document 108-6 Filed 04/08/13 Page 6of50 Page ID #:2526
1:12-cv-01258-JES-JAG #11 Page 2of3
simple: If the copyright holder agrees to transfer ownership to another party, that party must get the copyright holder to sign a piece of paper saying so. It doesn't oe to be the Magna Charta; a one-line pro forma statement will do.”); see also Order, AF Holdings LLC v. Does 1-96, No. 11- cv-3335-JSC (N.D. Cal. Nov. 22, 2011), ECF No. 29 at 5 n.1 (“The written copyright assignment recites that it is between the original copyright owner, Heartbreaker Films, and Plaintiff here, AF Holdings, LLC. . . . As the law requires only that the assignment be signed by the assignor and not the assignee, this inconsistency does not prevent a prima facie showing of copyright ownership.”) (internal citations omitted).
Mr. Cooper’s allegations relate to the assignee, not the aaeenon The assignment at issue in this action satisfies the Copyright Act’s formal requirements. It is a writing signed by the assignor. Plaintiff's rights in the copyrighted work in this action were transferred when the assignor executed the assignment.
Plaintiff is treating Mr. Cooper’s allegations with utmost seriousness and is investigating their substance. Because Mr. Cooper’s allegations relate to the assignment agreement at issue in
the instant litigation, Plaintiff respectfully brings the matter to the Court’s attention.
Respectfully submitted,
DATED: March 14, 2013
By: . /s/ Paul Duffy Paul Duffy (Bar No. 6210496) Prenda Law Inc. 161 N. Clark St., Suite 3200 Chicago, IL 60601 Phone: 312-880-9160 Fax: 312-893-5677 E-mail: paduffy@wefightpiracy.com Attorney for Plaintiff
Exhibit 2 - Page 6 of 50
Case 2:12-cv-08333-ODW-JC Document 108-6 Filed 04/08/13 Page 7 of50 Page ID : #:2527 1:12-cv-01258-JES-JAG #11 Page3of3
aa , CERTIFICATE OF SERVICE
The undersigned hereby certifies that on March 14, 2013, all counsel of record who are deemed to have consented to electronic service are being served a true and correct copy of the foregoing document using the Court’s CM/ECF system, in compliance with Local Rule 5.2(a).
/s/ Paul Duffy
Exhibit 2 - Page 7 of 50
Case 2:12-cv-08333-ODW-JC Document 108-6 Filed 04/08/13 Page 8 of 50 Page ID
T2528 1:12-cv-01398-JES-JAG #8 Pageiofs =-FILED Thursday, 14 March, 2013 17:34:56 AM Clerk, U.S. District Court, ILCD 2% IN THE UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF ILLINOIS (PEORIA)
AF HOLDINGS LLC, CASE NO. 1:12-CV-01398 Plaintiff, v. Judge: Hon. James E. Shadid JOHN DOE, — Magistrate Judge: Hon. John A. Gorman Defendant. |
NOTICE OF ALLEGATIONS
Plaintiff hereby notifies the Court of allegations of forgery that were made during a hearing in a matter pending before the U.S. District Court for the Central District of California. Ingenuity13 LLC v. John Doe, No. 2:12-cv-08333-OWD-JC (C.D. Cal. Mar. 11, 2013). On March 11, 2013, an individual by the name of Alan Cooper alleged that his signature was forged on two separate agreements assigning the rights of various copyrighted works to Plaintiff, including the assignment at issue in this matter. (See, ECF No. 1-2 at 2.) Plaintiff categorically denies Mr. Cooper’s allegations, which arise nearly two years after certain of the alleged conduct occurred. Mr. Cooper has a pecuniary interest in his allegations by virtue of a lawsuit he filed against Plaintiff. Cooper v. Steele, et al., No. 27-CV-13-3463 (Minn. Dist. Ct., Hennepin Cty., 2013). |
Even if Mr. Cooper’s allegations were true—and they are not—Plaintiff’s assignments, including the assignment at issue in the instant action, remain valid. The formal requirements of a copyright assignment are “quite simple”: a writing signed by the assignor. 17 U.S.C. § 204;
Effects Associates, Inc. v. Cohen, 908 F.2d 555, 557 (9th Cir.. 1990) (“The rule is really quite
Exhibit 2 - Page 8 of 50
Case 2:12-cv-08333-ODW-JC Document 108-6 Filed 04/08/13 Page 9of50 PageID r #:2529
1:12-cv-01398-JES-JAG #8 Page2of3
»
aay simple: If the copyright bidiee agrees to transfer ownership to another party, that party must get
the copyright holder to sign a piece of paper saying so. It doesn't have to be the Magna Charta; a
one-line pro forma statement will do.”); see also Order, AF Holdings LLC v. Does 1-96, No. 11-
cv-3335-JSC (N.D. Cal. Nov. 22, 2011), ECF No. 29 at 5 n.1 (“The written copyright assignment
recites that it is between the original copyright owner, Heartbreaker Films, and Plaintiff here, AF
* Holdings, LLC. ... As the law requires only that the assignment be signed by the assignor and
not the assignee, this inconsistency does not prevent a prima facie showing of copyright ownership.”) (internal citations omitted).
Mr. Cooper’s allegations relate to the assignee, not the assignor. The assignment at issue in this action satisfies the Copyright Act’s formal requirements. It is a writing signed by the assignor. Plaintiff's rights in the copyrighted work in this action were transferred when the assignor executed the assignment.
Plaintiff is treating Mr. Cooper’s allegations with utmost seriousness and is investigating their substance. Because Mr. Cooper’s allegations relate to the assignment agreement at issue in
the instant litigation, Plaintiff respectfully brings the matter to the Court’s attention.
Respectfully submitted, DATED: March 14, 2013
By: /s/ Paul Duffy Paul Duffy (Bar No. 6210496)
Prenda Law Inc.
161 N. Clark St., Suite 3200 Chicago, IL 60601
Phone: 312-880-9160
Fax: 312-893-5677
E-mail: paduffy@wefightpiracy.com Attorney for Plaintiff
Exhibit 2 - Page 9 of 50
t 108-6 Filed 04/08/13 Page 10of50 Page ID #:2530
Case 2:12-cv-08333-ODW-JC Documen 1:12-cv-01398-JES-JAG #8 Page3of3
a;
= CERTIFICATE OF SERVICE
The undersigned hereby certifies that on March 14, 2013, all counsel of record who are deemed to have consented to electronic service are being served a true and correct copy of the foregoing document using the Court’s CM/ECF system, in compliance with Local Rule 5.2(a).
/s/ Paul Duffy
Exhibit 2 - Page 10 of 50
Case 2:12-cv-08333-ODW-JC Document 108-6 Filed 04/08/13 Page11o0f50 PageID #:2531
Case: 1:12-cv-03567 Document #: 18 Filed: 03/14/13 Page 1 of 3 PageiD #:78
7
-‘{ IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION AF HOLDINGS LLC, CASE NO. 1:12-cv-03567 Plaintiff, Judge: Hon. Robert W. Gettleman v. Magistrate Judge: Hon. Sheila M. Finnegan CARLOS MARTINEZ, Defendant.
NOTICE OF ALLEGATIONS
Plaintiff hereby notifies the Court of allegations of forgery that were made during a hearing in a matter pending before the U.S. District Court for the Central District of California. ~ Ingenuity13 LLC v. John Doe, No. 2:12-cv-08333-OWD-JC (C.D. Cal. Mar. 11, 2013). On March 11, 2013, an individual by the name of Alan Cooper alleged that his signature was forged on two separate agreements assigning the rights of various copyrighted works to Plaintiff, including the assignment at issue in this matter. (See, ECF No. 1-2 at 2.) Plaintiff categorically denies Mr. Cooper’s allegations, which arise nearly two years after certain of the alleged conduct occurred. Mr. Cooper has a pecuniary interest in his allegations by virtue of a lawsuit he filed against Plaintiff. Cooper v. Steele, et al., No. 27-CV-13-3463 (Minn. Dist. Ct., Hennepin Cty.,
2013). | Even if Mr. Cooper’s allegations were true—and they are not—Plaintiff’s assignments, including the assignment at issue in the instant action, remain valid. The formal requirements of a copyright assignment are “quite simple”: a writing signed by the assignor. 17 U.S.C. § 204; Effects Associates, Inc. v. Cohen, 908 F.2d 555, 557 (9th Cir. 1990) (“The rule is really quite
1
Exhibit 2 - Page 11 of 50
Case 2:12-cv-08333-ODW-JC Document 108-6 Filed 04/08/13 Page 12o0f50 Page ID a #:2532
Case: 1:12-cv-03567 Document #: 18 Filed: 03/14/13 Page 2 of 3 PagelD #:79
= simple: If the copyright holder agrees to transfer ownership to another party, that party must get
the copyright holder to sign a piece of paper saying so. It doesn't have to be the Magna Charta; a one-line pro forma statement will do.”); see also Order, AF Holdings LLC v. Does 1-96, No. 11- cv-3335-JSC (N.D. Cal. Nov. 22, 2011), ECF No. 29 at 5 n.1 (“The written copyright assignment recites that it is between the original copyright owner, Heartbreaker Films, and Plaintiff here, AF Holdings, LLC... . As the law requires only that the assignment be signed by the assignor and not the assignee, this inconsistency does not prevent a prima facie showing of copyright ownership.”) (internal citations omitted).
Mr. Cooper’s allegations relate to the assignee, not the assignor. The assignment at issue in this action satisfies the Copyright Act’s formal requirements. It is a writing signed by the assignor. Plaintiff's rights in the copyrighted work in this action were transferred when the assignor executed the assignment.
Plaintiff is treating Mr. Cooper’s allegations with utmost seriousness and is investigating their substance. Because Mr. Cooper’s allegations relate to the assignment agreement at issue in
the instant litigation, Plaintiff respectfully brings the matter to the Court’s attention.
Respectfully submitted, DATED: March 14, 2013
By: /s/ Paul Duffy Paul Duffy (Bar No. 6210496)
Prenda Law Inc.
161 N. Clark St., Suite 3200 Chicago, IL 60601
Phone: 312-880-9160
Fax: 312-893-5677
E-mail: paduffy@wefightpiracy.com Attorney for Plaintiff
Exhibit 2 - Page 12 of 50
Case 2:12-cv-08333-ODW-JC Document 108-6 Filed 04/08/13 Page13o0f50 Page ID a #:2533
Case: 1:12-cv-03567 Document #: 18 Filed: 03/14/13 Page 3 of 3 PagelD #:80
_/~ CERTIFICATE OF SERVICE
The undersigned hereby certifies that on March 14, 2013, all counsel of record who are deemed to have consented to electronic service are being served a true and correct copy of the foregoing document using the Court’s CM/ECF system, in compliance with Local Rule 5.2(a).
/s/ Paul Duffy
Exhibit 2 - Page 13 of 50
Case 2:12-cv-08333-ODW-JC Document 108-6 Filed 04/08/13 Page14o0f50 PageID : #:2534
Case: 1:12-cv-03568 Document #: 24 Filed: 03/14/13 Page 1 of 3 PagelD #:120
= IN THE UNITED STATES DISTRICT COURT oa FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION AF HOLDINGS LLC, CASE NO. 1:12-CV-03568 Plaintiff, : Judge: Hon. Thomas M. Durkin Vv. RICHARD TURNER, Defendant.
NOTICE OF ALLEGATIONS
Plaintiff hereby notifies the Court of allegations of forgery that were made during a hearing in a matter pending before the U.S. District Court for the Central District of California. Ingenuity 13 LLC vy. John Doe, No. 2:12-cv-08333-OWD-JC (C.D. Cal. Mar. 11, 2013). On March 11, 2013, an individual by the name of Alan Cooper alleged that his signature was forged on two separate agreements assigning the rights of various copyrighted works to Plaintiff, including the assignment at issue in this matter. (See, ECF No. 1-2 at 2.) Plaintiff categorically denies Mr. Cooper’s allegations, which arise nearly two years after certain of the alleged conduct occurred. Mr. Cooper has a pecuniary interest in his sllevatibns by virtue of a lawsuit he filed against Plaintiff. Cooper v. Steele, et al., No. 27-CV-13-3463 (Minn. Dist. Ct., Hennepin Cty., 2013).
Even if Mr. Cooper’s allegations were true—and they are not—Plaintiff’s assiounents including the assignment at issue in the instant action, remain valid. The formal requirements of a copyright assignment are “quite simple”: a writing signed by the assignor. 17 U.S.C. § 204; Effects Associates, Inc. v. Cohen, 908 F.2d 555, 557 (9th Cir. 1990) (‘The rule is really quite
I
Exhibit 2 - Page 14 of 50
Case 2:12-cv-08333-ODW-JC Document 108-6 Filed 04/08/13 Page15o0f50 Page ID #:2535
Case: 1:12-cv-03568 Document #: 24 Filed: 03/14/13 Page 2 of 3 PagelD #:121
= ' simple: If the copyright holder agrees to transfer ownership to another party, that party must get the copyright holder to sign a piece of paper saying so. It doesn't have to be the Magna Charta; a one-line pro forma statement will do.”); see also Order, AF Holdings LLC v. Does 1-96, No. 11- cv-3335-JSC (N.D. Cal. Nov. 22, 2011), ECF No. 29 at 5 n.I (“The written copyright assignment recites that it is between the original copyright owner, Heartbreaker Films, and Plaintiff here, AF Holdings, LLC. ... As the law requires only that the assignment be signed by the assignor and not the assignee, this inconsistency does not prevent a prima facie showing of copyright ownership.”’) (internal citations omitted).
Mr. Cooper’s allegations relate to the assignee, not the assignor. The assignment at issue in this action satisfies the Copyright Act’s formal requirements. It is a writing signed by the assignor. Plaintiffs rights in the copyrighted work in this action were transferred when the assignor executed the assignment.
Plaintiff is treating Mr. Cooper’s allegations with utmost seriousness and is investigating their substance. Because Mr. Cooper’s allegations relate to the assignment agreement at issue in
the instant litigation, Plaintiff respectfully brings the matter to the Court’s attention.
Respectfully submitted,
DATED: March 14, 2013
By: /s/ Paul Duffy Paul Duffy (Bar No. 6210496)
Prenda Law Inc.
161 N. Clark St., Suite 3200 Chicago, IL 60601
Phone: 312-880-9160
Fax: 312-893-5677
E-mail: paduffy@wefightpiracy.com Attorney for Plaintiff
Exhibit 2 - Page 15 of 50
Case 2:12-cv-08333-ODW-JC Document 108-6 Filed 04/08/13 Page 16of50 Page ID : #:2536
Case: 1:12-cv-03568 Document #: 24 Filed: 03/14/13 Page 3 of 3 PagelD #:122
— CERTIFICATE OF SERVICE
The undersigned hereby certifies that on March 14, 2013, all counsel of record who are deemed to have consented to electronic service are being served a true and correct copy of the foregoing document using the Court’s CM/ECF system, in compliance with Local Rule 5.2(a).
/s/ Paul Duffy
Exhibit 2 - Page 16 of 50
Case 2:12-cv-08333-ODW-JC Document 108-6 Filed 04/08/13 Page17of50 Page ID + #:2537
Case: 1:12-cv-03570 Document #: 16 Filed: 03/14/13 Page 1 of 3 PagelD #:104
= . IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION AF HOLDINGS LLC, CASE NO. 1:12-CV-03570 Plaintiff, Judge: Hon. Joan B. Gottschall v. MICHAEL FOOTE, Defendant.
NOTICE OF ALLEGATIONS
Plaintiff hereby notifies the Court of allegations of forgery that were made during a hearing in a matter pending before the U.S. District Court for the Central District of California. Ingenuity13 LLC v. John Doe, No. 2:12-cv-08333-OWD-JC (C.D. Cal. Mar. 11, 2013). On March 11, 2013, an individual by the name of Alan Cooper alleged that his signature was forged on two separate agreements assigning the rights of various copyrighted works to Plaintiff, including the assignment at issue in this matter. (See, ECF No. 1-2 at 2.) Plaintiff categorically denies Mr. Cooper’s allegations, which arise nearly two years after certain of the alleged conduct occurred. Mr. Cooper has a pecuniary interest in his allegations by virtue of a lawsuit he filed against Plaintiff. Cooper v. Steele, et al., No. 27-CV-13-3463 (Minn. Dist. Ct., Hennepin Cty., 2013).
Even if Mr. Cooper’s allegations were truae—and they are not—Plaintiff’s assignments, including the assignment at issue in the instant action, remain valid. The formal requirements of a copyright assignment are “quite simple”: a writing signed by the assignor. 17 U.S.C. § 204; Effects Associates, Inc. v. Cohen, 908 F.2d 555, 557 (9th Cir. 1990) (“The rule is really quite
|
Exhibit 2 - Page 17 of 50
Case 2:12-cv-08333-ODW-JC Document 108-6 Filed 04/08/13 Page18o0f50 Page ID . #:2538
Case: 1:12-cv-03570 Document #: 16 Filed: 03/14/13 Page 2 of 3 PagelD #:105
simple: If the copyright holder agrees to transfer ownership to another party, that party must get the copyright holder to sign a piece of paper saying so. It doesn't have to be the Magna Charta; a one-line pro forma statement will do.”); see also Order, AF Holdings LLC v. Does 1-96, No. 11- cv-3335-JSC (N.D. Cal. Nov. 22, 2011), ECF No. 29 at 5 n.1 (“The written copyright assignment recites that it is between the original copyright owner, Heartbreaker Films, and Plaintiff here, AF Holdings, LLC. .. . As the law requires only that the assignment be signed by the assignor and not the assignee, this inconsistency does not prevent a prima facie showing of copyright ownership.”) (internal citations omitted).
Mr. Cooper’s allegations relate to the assignee, not the assignor. The assignment at issue in this action satisfies the Copyright Act’s formal requirements. It is a writing signed by the assignor. Plaintiff's rights in the copyrighted work in this action were transferred when the assignor executed the assignment.
Plaintiff is treating Mr. Cooper’s allegations with utmost seriousness and is investigating their substance. Because Mr. Cooper’s allegations relate to the assignment agreement at issue in
the instant litigation, Plaintiff respectfully brings the matter to the Court’s attention.
Respectfully submitted, DATED: March 14, 2013
By: /s/ Paul Duffy Paul Duffy (Bar No. 6210496)
Prenda Law Inc.
161 N. Clark St., Suite 3200 Chicago, IL 60601
Phone: 312-880-9160
Fax: 312-893-5677
E-mail: paduffy@wefightpiracy.com Attorney for Plaintiff
Exhibit 2 - Page 18 of 50
Case 2:12-cv-08333-ODW-JC Document 108-6 Filed 04/08/13 Page 19of50 Page ID ; #:2539 Case: 1:12-cv-03570 Document #: 16 Filed: 03/14/13 Page 3 of 3 PagelD #:106
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on March 14, 2013, all counsel of record who are deemed to have consented to electronic service are being served a true and correct copy of the foregoing document using the Court’s CM/ECF system, in compliance with Local Rule 5.2(a).
/s/ Paul Duffy
Exhibit 2 - Page 19 of 50
Case 2:12-cv-08333-ODW-JC Document 108-6 Filed 04/08/13 Page 20 of 50 Page ID a #:2540
Case: 1:12-cv-04232 Document #: 21 Filed: 03/14/13 Page 1 of 3 PagelD #:105
— IN THE UNITED STATES DISTRICT COURT = FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION AF HOLDINGS LLC, CASE NO. 1:12-CV-04232 Plaintiff, Vv. Judge: Hon. Robert W. Gettleman BOBBY RAMOS, Defendant.
NOTICE OF ALLEGATIONS
Plaintiff hereby notifies the Court of allegations of forgery that were made during a hearing in a matter pending before the U.S. District Court for the Central District of California. Ingenuity13 LLC v. John Doe, No. 2:12-cv-08333-OWD-JC (C.D. Cal. Mar. 11, 2013). On March 11, 2013, an individual by the name of Alan Cooper alleged that his signature was forged on two separate agreements assigning the rights of various copyrighted works to Plaintiff, including the assignment at issue in this matter. (See, ECF No. 1-2 at 2.) Plaintiff categorically denies Mr. Cooper’s allegations, which arise nearly two years after certain of the alleged conduct occurred. Mr. Cooper has a pecuniary interest in his allegations by virtue of a lawsuit he filed against Plaintiff. Cooper v. Steele, et al., No. 27-CV-13-3463 (Minn. Dist. Ct., Hennepin Cty., 2013).
Even if Mr. Cooper’s allegations were true—and they are not—Plaintiff’s assignments, including the assignment at issue in the instant action, remain valid. The formal requirements of a copyright assignment are “quite simple”: a writing signed by the assignor. 17 U.S.C. § 204; Effects Associates, Inc. v. Cohen, 908 F.2d 555, 557 (9th Cir. 1990) (“The rule is really quite
I
Exhibit 2 - Page 20 of 50
Case 2:12-cv-08333-ODW-JC Document 108-6 Filed 04/08/13 Page 21 0f50 PageID : #:2541 Case: 1:12-cv-04232 Document #: 21 Filed: 03/14/13 Page 2 of 3 PagelD #:106
simple: If the copyright holder agrees to transfer ownership to another party, that party must get the copyright holder to sign a piece of paper saying so. It doesn't have to be the Magna Charta; a one-line pro forma statement will do.”); see also Order, AF Holdings LLC v. Does 1-96, No. 11- cv-3335-JSC (N.D. Cal. Nov. 22, 2011), ECF No. 29 at 5 n.1 (“The written copyright assignment recites that it is between the original copyright owner, Heartbreaker Films, and Plaintiff here, AF Holdings, LLC. .. . As the law requires only that the assignment be signed by the assignor and not the assignee, this inconsistency does not prevent a prima facie showing of copyright ownership.”’) (internal citations omitted).
Mr. Cooper’s allegations relate to the assignee, not the assignor. The assignment at issue in this action satisfies the Copyright Act’s formal requirements. It is a writing signed by the assignor. Plaintiff's rights in the copyrighted work in this action were transferred when the assignor executed the assignment.
Plaintiff is treating Mr. Cooper’s allegations with utmost seriousness and is investigating their substance. Because Mr. Cooper’s allegations relate to the assignment agreement at issue in
the instant litigation, Plaintiff respectfully brings the matter to the Court’s attention.
Respectfully submitted,
DATED: March 14, 2013
By: /s/ Paul Duffy Paul Duffy (Bar No. 6210496)
Prenda Law Inc.
161 N. Clark St., Suite 3200 Chicago, IL 60601
Phone: 312-880-9160
Fax: 312-893-5677
E-mail: paduffy@wefightpiracy.com Attorney for Plaintiff
Exhibit 2 - Page 21 of 50
Case 2:12-cv-08333-ODW-JC Document 108-6 Filed 04/08/13 Page 22 of 50 Page ID f #:2542 Case: 1:12-cv-04232 Document #: 21 Filed: 03/14/13 Page 3 of 3 PagelD #:107
—_ CERTIFICATE OF SERVICE
The undersigned hereby certifies that on March 14, 2013, all counsel of record who are deemed to have consented to electronic service are being served a true and correct copy of the foregoing document using the Court’s CM/ECF system, in compliance with Local Rule 5.2(a).
/s/ Paul Duffy
Exhibit 2 - Page 22 of 50
Case 2:12-cv-08333-ODW-JC Document 108-6 Filed 04/08/13 Page 23 of 50 Page ID 8 #:2543
Case: 1:12-cv-04234 Document #: 19 Filed: 03/14/13 Page 1 of 3 PagelD #:109
= = IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION AF HOLDINGS LLC, CASE NO. 1:12-CV-04234 Plaintiff, Judge: Hon. Gary Feinerman
Vv. KENNETH PAYNE,
Defendant.
NOTICE OF ALLEGATIONS
Plaintiff hereby notifies the Court of allegations of forgery that were made during a hearing in : inate pending before the U.S. District Court for the Central District of California. Ingenuity13 LLC v. John Doe, No. 2:12-cv-08333-OWD-JC (C.D. Cal. Mar. 11, 2013). On March 11, 2013, an individual by the name of Alan Cooper alleged that his signature was forged on two separate agreements assigning the rights of various copyrighted works to Plaintiff, including the assignment at issue in this matter. (See, ECF No. 1-2 at 2.) Plaintiff categorically denies Mr. Cooper’s allegations, which arise nearly two years after certain of the alleged conduct occurred. Mr. Cooper has a pecuniary interest in his allegations by virtue of a lawsuit he filed against Plaintiff Cooper v. Steele, et al., No. 27-CV-13-3463 (Minn. Dist. Ct., Hennepin Cty., 2013).
Even if Mr. Cooper’s allegations were true—and they are not—Plaintiff’s assignments, including the assignment at issue in the instant action, remain valid. The formal requirements of a copyright assignment are “quite simple”: a writing signed by the assignor. 17 U.S.C. § 204;
Effects Associates, Inc. v. Cohen, 908 F.2d 555, 557 (9th Cir. 1990) (“The rule is really quite
1
Exhibit 2 - Page 23 of 50
Case 2:12-cv-08333-ODW-JC Document 108-6 Filed 04/08/13 Page 24 o0f50 Page ID #:2544
Case: 1:12-cv-04234 Document #: 19 Filed: 03/14/13 Page 2 of 3 PagelD #:110
simple: If the copyright holder agrees to transfer ownership to another party, that party must get the copyright holder to sign a piece of paper saying so. It doesn't have to be the Magna Charta; a one-line pro forma statement will do.”); see also Order, AF Holdings LLC v. Does 1-96, No. 11- ev-3335-JSC (N.D. Cal. Nov. 22, 2011), ECF No. 29 at 5 n.1 (“The written copyright assignment recites that it is between the original copyright owner, Heartbreaker Films, and Plaintiff here, AF Holdings, LLC. .. . As the law requires only that the assignment be signed by the assignor and not the assignee, this inconsistency does not prevent a prima facie showing of copyright ownership.”) (internal citations omitted).
Mr. Cooper’s allegations relate to the assignee, not the assignor. The assignment at issue in this action satisfies the Copyright Act’s formal requirements. It is a writing signed by the assignor. Plaintiff's rights in the copyrighted work in this action were transferred when the assignor executed the assignment.
Plaintiff is treating Mr. Cooper’s allegations with utmost seriousness and is investigating their substance. Because Mr. Cooper’s allegations relate to the assignment agreement at issue in
the instant litigation, Plaintiff respectfully brings the matter to the Court’s attention.
Respectfully submitted,
DATED: March 14, 2013
By: /s/ Paul Duffy Paul Duffy (Bar No. 6210496)
Prenda Law Inc.
161 N. Clark St., Suite 3200 Chicago, IL 60601
Phone: 312-880-9160
Fax: 312-893-5677
E-mail: paduffy@wefightpiracy.com Attorney for Plaintiff
Exhibit 2 - Page 24 of 50
Case 2:12-cv-08333-ODW-JC Document 108-6 Filed 04/08/13 Page 25 of50 Page ID : #:2545
Case: 1:12-cv-04234 Document #: 19 Filed: 03/14/13 Page 3 of 3 PagelD #:111
CERTIFICATE OF SERVICE.
The undersigned hereby certifies that on March 14, 2013, all counsel of record who are deemed to have consented to electronic service are being served a true and correct copy of the foregoing document using the Court’s CM/ECF system, in compliance with Local Rule 5.2(a).
/s/ Paul Duf
Exhibit 2 - Page 25 of 50
Case 2:12-cv-08333-ODW-JC Document 108-6 Filed 04/08/13 Page 26 of 50 Page ID e : #:2546 Case: 1:12-cv-04235 Document #: 26 Filed: 03/14/13 Page 1 of 3 PagelD #:173
a IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION AF HOLDINGS LLC, CASE NO. 1:12-CV-04235 Plaintiff, Judge: Hon. Matthew F. Kennelly Vv. DANIEL LEVINE, Defendant.
NOTICE OF ALLEGATIONS
Plaintiff hereby notifies the Court of allegations of forgery that were made during a hearing in a matter pending before the U.S. District Court for the Central District of California. Ingenuity13 LLC v. John Doe, No. 2:12-cv-08333-OWD-JC (C.D. Cal. Mar. 11, 2013). On March 11, 2013, an individual by the name of Alan Cooper alleged that his signature was forged on two separate agreements assigning the rights of various copyrighted works to Plaintiff, including the assignment at issue in this matter. (See, ECF No. 1-2 at 2.) Plaintiff categorically denies Mr. Cooper’s allegations, which arise nearly two years after certain of the alleged conduct occurred. Mr. Cooper has a pecuniary interest in his allegations by virtue of a lawsuit he filed against Plaintiff. Cooper v. Steele, et al., No. 27-CV-13-3463 (Minn. Dist. Ct., Hennepin Cty., 2013).
Even if Mr. Cooper’s allegations were truae—and they are not—Plaintiff’s assignments, including the assignment at issue in the instant action, remain valid. The formal requirements of a copyright assignment are “quite simple”: a writing signed by the assignor. 17 U.S.C. § 204; Effects Associates, Inc. v. Cohen, 908 F.2d 555, 557 (9th Cir. 1990) (“The rule is really quite
1
Exhibit 2 - Page 26 of 50
Case 2:12-cv-08333-ODW-JC Document 108-6 Filed 04/08/13 Page 27 of 50 Page ID : #:2547 Case: 1:12-cv-04235 Document #: 26 Filed: 03/14/13 Page 2 of 3 PagelD #:174
simple: If the copyright holder agrees to transfer ownership to another party, that party must get the copyright holder to sign a piece of paper saying so. It doesn't have to be the Magna Charta; a one-line pro forma statement will do.”); see also Order, AF Holdings LLC v. Does 1-96, No. 11- cev-3335-JSC (N.D. Cal. Nov. 22, 2011), ECF No. 29 at 5 n.1 (“The written copyright assignment recites that it is between the original copyright owner, Heartbreaker Films, and Plaintiff here, AF Holdings, LLC. .. . As the law requires only that the assignment be signed by the assignor and not the assignee, this inconsistency does not prevent a prima facie showing of copyright ownership.”’) (internal citations omitted).
Mr. Cooper’s allegations relate to the assignee, not the assignor. The assignment at issue in this action satisfies the Copyright Act’s formal fequireneae: It is a writing signed by the assignor. Plaintiff's rights in the copyrighted work in this action were transfetred when the assignor executed ifi assignment.
Plaintiff is treating Mr. Cooper’s allegations with utmost seriousness and is investigating their substance. Because Mr. Cooper’s allegations relate to the assignment agreement at issue in
the instant litigation, Plaintiff respectfully brings the matter to the Court’s attention.
Respectfully submitted,
DATED: March 14, 2013
By: /s/ Paul Duffy Paul Duffy (Bar No. 6210496) Prenda Law Inc. 161 N. Clark St., Suite 3200 Chicago, IL 60601 Phone: 312-880-9160 Fax: 312-893-5677 E-mail: paduffy@wefightpiracy.com Attorney for Plaintiff
Exhibit 2 - Page 27 of 50
Case 2:12-cv-08333-ODW-JC Document 108-6 Filed 04/08/13 Page 28 of 50 Page ID : #:2548
Case: 1:12-cv-04235 Document #: 26 Filed: 03/14/13 Page 3 of 3 PagelD #:175
— CERTIFICATE OF SERVICE
The undersigned hereby certifies that on March 14, 2013, all counsel of record who are deemed to have consented to electronic service are being served a true and correct copy of the foregoing document using the Court’s CM/ECF system, in compliance with Local Rule 5.2(a).
/s/ Paul Duffy
Exhibit 2 - Page 28 of 50
Case 2:12-cv-08333-ODW-JC Document 108-6 Filed 04/08/13 Page 29 of 50 Page ID * #:2549
Case: 1:12-cv-04237 Document #: 11 Filed: 03/14/13 Page 1 of 3 PagelD #:76
fa a IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION AF HOLDINGS LLC, CASE NO. 1:12-CV-04237 Plaintiff, Judge: Hon. James B. Zagel V. JOHN DOE, Defendant.
NOTICE OF ALLEGATIONS Plaintiff hereby notifies the Court of allegations of forgery that were made during a | hearing in a matter pending before the U.S. District Court for the Central District of California. ingenuity13 LLC v. John Doe, No. 2:12-cv-08333-OWD-JC (C.D. Cal. Mar. 11, 2013). On March 11, 2013, an individual by the name of Alan Cooper alleged that his signature was forged on two separate agreements assigning the rights of various copyrighted works to Plaintiff, including the assignment at issue in this matter. (See, ECF No. 1-2 at 2.) Plaintiff categorically denies Mr. Cooper’s allegations, which arise nearly two years after certain of the alleged conduct occurred, Mr. Cooper has a pecuniary interest in his allegations by virtue of a lawsuit he filed against Plaintiff. Cooper v. Steele, et al., No. 27-CV-13-3463 (Minn. Dist. Ct., Hennepin Cty., 2013). | Even if Mr. Cooper’s allegations were true—and they are not—Plaintiff’s saiaannent: including the assignment at issue in the instant action, remain valid. The formal requirements of a copyright assignment are “quite simple”: a writing signed by the assignor. 17 U.S.C. § 204; Effects Associates, Inc. v. Cohen, 908 F.2d 555, 557 (9th Cir. 1990) (“The rule is really quite
1
Exhibit 2 - Page 29 of 50
Case 2:12-cv-08333-ODW-JC Document 108-6 Filed 04/08/13 Page 30 o0f50 Page ID ‘ #:2550
Case: 1:12-cv-04237 Document #: 11 Filed: 03/14/13 Page 2 of 3 PagelD #:77
simple: If the copyright holder agrees to transfer ownership to another party, that party must get the copyright holder to sign a piece of paper saying so. It doesn't have to be the Magna Charta; a one-line pro forma statement will do.”); see also Order, AF Holdings LLC v. Does 1-96, No. 11- cev-3335-JSC (N.D. Cal. Nov. 22, 2011), ECF No. 29 at 5 n.1 (“The written copyright assignment recites that it is between the original copyright owner, Heartbreaker Films, and Plaintiff here, AF Holdings, LLC... . As the law requires only that the assignment be signed by the assignor and not the assignee, this inconsistency does not prevent a prima facie showing of copyright ownership.” (internal citations omitted).
Mr. Cooper’s allegations relate to the assignee, not the assignor. The assignment at issue in this action satisfies the Copyright Act’s formal requirements. It is a writing signed by the assignor. Plaintiff's rights in the copyrighted work in this action were transferred when the assignor executed the assignment.
Plaintiff is treating Mr. Cooper’s Siseens with utmost seriousness and is investigating their substance. Because Mr. Cooper’s allegations relate to the assignment agreement at issue in
the instant litigation, Plaintiff respectfully brings the matter to the Court’s attention.
Respectfully submitted, DATED: March 14, 2013
By: /s/ Paul Duffy Paul Duffy (Bar No. 6210496)
Prenda Law Inc.
161 N. Clark St., Suite 3200 Chicago, IL 60601
Phone: 312-880-9160
Fax: 312-893-5677
E-mail: paduffy@wefightpiracy.com Attorney for Plaintiff
Exhibit 2 - Page 30 of 50
Case 2:12-cv-08333-ODW-JC Document 108-6 Filed 04/08/13 Page 31 o0f50 Page ID
#:2551 Case: 1:12-cv-04237 Document #: 11 Filed: 03/14/13 Page 3 of 3 PagelD #:78
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on March 14, 2013, all counsel of record who are deemed to have consented to electronic service are being served a true and correct copy of the foregoing document using the Court’s CM/ECF system, in compliance with Local Rule 5.2(a).
/s/ Paul Duffy
Exhibit 2 - Page 31 of 50
Case 2:12-cv-08333-ODW-JC Document 108-6 Filed 04/08/13 Page 32 of 50 Page ID . #:2552
Case: 1:12-cv-04239 Document #: 11 Filed: 03/14/13 Page 1 of 3 PagelD #:91
IN THE UNITED STATES DISTRICT COURT _ FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION AF HOLDINGS LLC, CASE NO. 1:12-cv-04239 Plaintiff, v. Judge: Hon. Matthew F. Kennelly JOHN DOE, Defendant.
NOTICE OF ALLEGATIONS
Plaintiff hereby notifies the Court of allegations of forgery that were made during a hearing in a matter pending before the U.S. District Court for the Central District of California. Ingenuityl13 LLC v. John Doe, No. 2:12-cv-08333-OWD-JC (C.D. Cal. Mar. 11, 2013). On March 11, 2013, an individual by the name of Alan Cooper alleged that his signature was forged on two separate agreements assigning the rights of various copyrighted works to Plaintiff, including the assignment at issue in this matter. (See, ECF No. 1-2 at 2.) Plaintiff categorically denies Mr. Cooper’s allegations, which arise nearly two years after certain of the alleged conduct occurred. Mr. Cooper has a pecuniary interest in his allegations by virtue of a lawsuit he filed against Plaintiff. Cooper v. Steele, et al., No. 27-CV-13-3463 (Minn. Dist. Ct., Hennepin Cty., 2013).
Even if Mr. Cooper’s allegations were true—and they are not—Plaintiff's assignments, including the assignment at issue in the instant action, remain valid. The formal requirements of a copyright assignment are “quite simple”: a writing signed by the assignor. 17 U.S.C. § 204; Effects Associates, Inc. v. Cohen, 908 F.2d 555, 557 (9th Cir. 1990) (“The rule is really quite
1
Exhibit 2 - Page 32 of 50
Case 2:12-cv-08333-ODW-JC Document 108-6 Filed 04/08/13 Page 33 of 50 Page ID . #:2553
Case: 1:12-cv-04239 Document #: 11 Filed: 03/14/13 Page 2 of 3 PagelD #:92
simple: If the copyright holder agrees to transfer ownership to another party, that party must get the copyright holder to sign a piece of paper saying so. It doesn't have to be the Magna Charta; a one-line pro forma statement will do.”); see also Order, AF Holdings LLC v. Does 1-96, No. 11- cv-3335-J SC (N.D. Cal. Nov. 22, 2011), ECF No. 29 at 5 n.1 (“The written copyright assignment recites that it is between the original seostht owner, Heartbreaker Films, and Plaintiff here, AF Holdings, LLC. . . . As the law requires only that the assignment be signed by the assignor and not the assignee, this inconsistency does not prevent a prima facie showing of copyright ownership.”) (internal citations omitted).
Mr. Cooper’s allegations relate to the assignee, not the assignor. The assignment at issue in this action satisfies the Copyright Act’s formal requirements. It is a writing signed by the assignor. Plaintiff's rights in the copyrighted work in this action were transferred when the assignor executed the assignment.
Plaintiff is treating Mr. Cooper’s allegations with utmost seriousness and is investigating their substance. Because Mr. Cooper’s allegations relate to the assignment agreement at issue in
the instant litigation, Plaintiff respectfully brings the matter to the Court’s attention.
Respectfully submitted,
DATED: March 14, 2013
By: /s/ Paul Duffy Paul Duffy (Bar No. 6210496)
Prenda Law Inc.
161 N. Clark St., Suite 3200 Chicago, IL 60601
Phone: 312-880-9160
Fax: 312-893-5677 E-mail: paduffy@wefightpiracy.com Attorney for Plaintiff
Exhibit 2 - Page 33 of 50
Case 2:12-cv-08333-ODW-JC Document 108-6 Filed 04/08/13 Page 34 o0f50 Page ID ; #:2554 Case: 1:12-cv-04239 Document #: 11 Filed: 03/14/13 Page 3 of 3 PagelD #:93
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on March 14, 2013, all counsel of record who are deemed to have consented to electronic service are being served a true and correct copy of the foregoing document using the Court’s CM/ECF system, in compliance with Local Rule 5.2(a).
/s/ Paul Duffy
Exhibit 2 - Page 34 of 50
Case 2:12-cv-08333-ODW-JC Document 108-6 Filed 04/08/13 Page 35 of50 Page ID ral #:2555
Case: 1:12-cv-04244 Document #: 15 Filed: 03/14/13 Page 1 of 3 Page!D #:39
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION AF HOLDINGS LLC, CASE NO. 1:12-CV-04244 Plaintiff, Judge: Hon. Milton I. Shadur v. JOHN DOE, Defendant.
NOTICE OF ALLEGATIONS
Plaintiff hereby notifies the Court of allegations of forgery that were made during a hearing in a matter pending before the U.S. District Court for the Central District of California. Ingenuity13 LLC v. John Doe, No. 2:12-cv-08333-OWD-JC (C.D. Cal. Mar. 11, 2013). On March 11, 2013, an individual by the name of Alan Cooper alleged that his signature was forged on two separate. agreements dtiig the rights of various copyrighted works to Plaintiff, including the assignment at issue in this matter. (See, ECF No. 1-2 at 2.) Plaintiff categorically denies Mr. Cooper’s allegations, which arise nearly two years after certain of the alleged conduct occurred. Mr. Cooper a a pecuniary interest in his allegations by virtue of a lawsuit he filed against Plaintiff. Cooper v. Steele, et al., No. 27-CV-13-3463 (Minn. Dist. Ct., Hennepin Cty., 2013).
Even if Mr. Cooper’s allegations were true—and they are not—Plaintiff’s assignments, including the assignment at issue in the instant action, remain valid. The formal requirements of a copyright assignment are “quite simple”: a writing signed by the assignor. 17 U.S.C. § 204; Effects Associates, Inc. v. Cohen, 908 F.2d 555, 557 (9th Cir. 1990) (“The rule is really quite
I
Exhibit 2 - Page 35 of 50
Case 2:12-cv-08333-ODW-JC Document 108-6 Filed 04/08/13 Page 36 of 50 Page ID ? #:2556
Case: 1:12-cv-04244 Document #: 15 Filed: 03/14/13 Page 2 of 3 PagelD #:40
simple: If the copyright holder agrees to transfer ownership to another party, that party must get the copyright holder to sign a piece of paper saying so. It doesn't have to be the Magna Charta; a one-line pro forma statement will do.”); see also Order, AF Holdings LLC vy. Does 1-96, No. 11- cv-3335-J SC (N.D. Cal. Nov. 22, 2011), ECF No. 29 at 5 n.1 (“The written copyright assignment recites that it is between the original copyright owner, Heartbreaker Films, and Plaintiff here, AF Holdings, LLC. . . . As the law requires only that the assignment be signed by the assignor and not the assignee, this inconsistency does not prevent a prima facie showing of copyright ownership.”) (internal citations omitted).
Mr. Cooper’s allegations relate to the assignee, not the assignor. The assignment at issue in this action satisfies the Copyright Act’s formal requirements. It is a writing signed by the assignor. Plaintiff's rights in the copyrighted work in this action were transferred when the assignor executed the assignment.
Plaintiff is treating Mr. Cooper’s allegations with utmost seriousness and is investigating their substance. Because Mr. Cooper’s allegations relate to the assignment agreement at issue in
the instant litigation, Plaintiff respectfully brings the matter to the Court’s attention.
Respectfully submitted, DATED: March 14, 2013
By: /s/ Paul Duffy Paul Duffy (Bar No. 6210496)
Prenda Law Inc.
161 N. Clark St., Suite 3200 Chicago, IL 60601
Phone: 312-880-9160
Fax: 312-893-5677
E-mail: paduffy@wefightpiracy.com Attorney for Plaintiff
Exhibit 2 - Page 36 of 50
Case 2:12-cv-08333-ODW-JC Document 108-6 Filed 04/08/13 Page 37 of 50 Page ID ; #:2557 Case: 1:12-cv-04244 Document #: 15 Filed: 03/14/13 Page 3 of 3 PagelD #:41
a CERTIFICATE OF SERVICE
The undersigned hereby certifies that on March 14, 2013, all counsel of record who are deemed to have consented to electronic service are being served a true and correct copy of the foregoing document using the Court’s CM/ECF system, in compliance with Local Rule 5.2(a).
/s/ Paul Duffy
oo
Exhibit 2 - Page 37 of 50
Case 2:12-cv-08333-ODW-JC Document 108-6 Filed 04/08/13 Page 38 of 50 Page ID ‘ #:2558
Case: 1:12-cv-05075 Document #: 18 Filed: 03/14/13 Page 1 of 3 PagelD #:97
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION
AF HOLDINGS LLC, CASE NO. 1:12-CV-05075
Plaintiff, v. Judge: Hon. Edmond E. Chang JOHN MAHER,
Defendant.
NOTICE OF ALLEGATIONS
Plaintiff hereby notifies the Court of allegations of forgery that were made during a hearing in a matter pending before the U.S. District Court fst the Central District of California. Ingenuity13 LLC v. John Doe, No. 2:12-cv-08333-OWD-JC (C.D. Cal. Mar. 11, 2013). On March 11, 2013, an individual by the name of Alan Cooper alleged that iis signature was forged on two separate agreements assigning the rights of various copyrighted works to Plaintiff, including the assignment at issue in this afte (See, ECF No. 1-2 at 2.) Plaintiff categorically denies Mr. Cooper’s allegations, which arise nearly two years after certain of the alleged conduct occurred. Mr. Cooper has a pecuniary interest in his allegations by virtue of a lawsuit he filed against Plaintiff. Cooper v. Steele, et al., No. 27-CV-13-3463 (Minn. Dist. Ct., Hennepin Cty., 2013).
Even if Mr. Cooper’s allegations were true—and they are not—Plaintiff’s assignments, including the assignment at issue in the instant action, remain valid. The formal requirements of a copyright assignment are “quite simple”: a writing signed by the assignor. 17 U.S.C. 5 204; Effects Associates, Inc. v. Cohen, 908 F.2d 555, 557 (9th Cir. 1990) (“The rule is really quite
i
Exhibit 2 - Page 38 of 50
Case 2:12-cv-08333-ODW-JC Document 108-6 Filed 04/08/13 Page 39 of 50 Page ID é #:2559
Case: 1:12-cv-05075 Document #: 18 Filed: 03/14/13 Page 2 of 3 PagelD #:98
—_. simple: If the copyright holder agrees to transfer ownership to another party, that party must get
A
the copyright holder to sign a piece of paper saying so. It doesn't have to be the Magna Charta; a |
one-line pro forma statement will do.”); see also Order, AF Holdings LLC v. Does 1-96, No. 11- cv-3335-JSC (N.D. Cal. Nov. 22, 2011), ECF No. 29 at 5 n.1 (“The written copyright assignment recites that it is between the original copyright owner, Hieastirealer Filta and Plaintiff here, AF Holdings, LLC. . . . As the law requires only that the assignment be signed by the assignor and not the assignee, this inconsistency does not prevent a prima facie showing of copyright ownership.”) (internal citations omitted).
Mr. Cooper’s allegations relate to the assignee, not the assignor. The assignment at issue in this action satisfies the Copyright Act’s formal requirements. It is a writing signed by the assignor. Plaintiff’s rights in the copyrighted work in this action were transferred when the assignor executed the assignment.
Plaintiff is treating Mr. Cooper’s allegations with utmost seriousness and is investigating their substance. Because Mr. Cooper’s allegations relate to the assignment agreement at issue in
the instant litigation, Plaintiff respectfully brings the matter to the Court’s attention.
Respectfully submitted, DATED: March 14, 2013
By: /s/ Paul Duffy Paul Duffy (Bar No. 6210496) Prenda Law Inc. 161 N. Clark St., Suite 3200 Chicago, IL 60601 Phone: 312-880-9160 Fax: 312-893-5677 E-mail: paduffy@wefightpiracy.com Attorney for Plaintiff
Exhibit 2 - Page 39 of 50
a
Case 2:12-cv-08333-ODW-JC Document 108-6 Filed 04/08/13 Page 40 of 50 Page ID : #:2560
Case: 1:12-cv-05075 Document #: 18 Filed: 03/14/13 Page 3 of 3 PagelD #:99
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on March 14, 2013, all counsel of record who are deemed to have consented to electronic service are being served a true and correct copy of the foregoing document using the Court’s CM/ECF system, in compliance with Local Rule 5.2(a).
/s/ Paul Duffy
Exhibit 2 - Page 40 of 50
Case 2:12-cv-08333-ODW-JC Document 108-6 Filed 04/08/13 Page 41 of 50 Page ID * #:2561
Case: 1:12-cv-05077 Document #: 39 Filed: 03/14/13 Page 1 of 3 PagelD #:143
ae IN THE UNITED STATES DISTRICT COURT — FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION AF HOLDINGS LLC, CASE NO. 1:12-CV-05077 Plaintiff, Vv. Judge: Hon. Joan H. Lefkow JOHN DOE, Magistrate: Hon. Arlander Keys Defendant.
NOTICE OF ALLEGATIONS
Plaintiff hereby notifies the Court of allegations of forgery that were made during a hearing in a matter pending before the U.S. District Court for the Central District of California. ( Ingenuity13 LLC v. John Doe, No. 2:12-cv-08333-OWD-JC (C.D. Cal. Mar. 11, 2013). On March 11, 2013, an individual by the name of Alan Cooper alleged that his signature was forged on two separate agreements assigning the rights of various copyrighted works to Plaintiff, including the assignment at issue in this matter. (See, ECF No. 1-2 at 2.) Plaintiff categorically denies Mr. Cooper’s allegations, which arise nearly two years after certain of the alleged conduct occurred. Mr. Cooper has a pecuniary interest in his allegations by virtue of a lawsuit he filed against Plaintiff. Cooper v. Steele, et al., No. 27-CV-13-3463 (Minn. Dist. Ct., Hennepin Cty.,
2013). | | Even if Mr. Cooper’s allegations were true—and they are not—Plaintiff's assignments, including the assignment at issue in the instant action, remain valid. The formal requirements of a copyright assignment are “quite simple”: a writing signed by the assignor. 17 U.S.C. § 204; Effects Associates, Inc. v. Cohen, 908 F.2d 555, 557 (9th Cir. 1990) (“The rule is really quite
1
Exhibit 2 - Page 41 of 50
Case 2:12-cv-08333-ODW-JC Document 108-6 Filed 04/08/13 Page 42 of 50 Page ID ‘ #:2562
Case: 1:12-cv-05077 Document #: 39 Filed: 03/14/13 Page 2 of 3 PagelD #:144
7 simple: If the copyright holder agrees to transfer ownership to cone party, that party must get the copyright holder to sign a piece of paper saying so. It doesn't have to be the Magna Charta; a one-line pro forma statement will do.”); see also Order, AF Holdings LLC v. Does 1-96, No. 11- cv-3335-JSC (N.D. Cal. Nov. 22, 2011), ECF No. 29 at 5 n.1 (“The written copyright assignment recites that it is between the original copyright owner, Heartbreaker Films, and Plaintiff here, AF Holdings, LLC... . As the law requires only that the assignment be signed by the assignor and not the assignee, this inconsistency does not prevent a prima facie showing of copyright ownership.”) (internal citations omitted).
Mr. Cooper’s allegations relate to the assignee, not the assignor. The assignment at issue in this action satisfies the Copyright Act’s formal requirements. It is a writing signed by the assignor. Plaintiffs rights in the copyrighted work in this action were transferred when the assignor executed the assignment.
Plaintiff is treating Mr. Cooper’s allegations with utmost seriousness and is investigating their substance. Because Mr. Cooper’s allegations relate to the assignment agreement at issue in
the instant litigation, Plaintiff respectfully brings the matter to the Court’s attention.
Respectfully submitted, DATED: March 14, 2013
By: /s/ Paul Duffy Paul Duffy (Bar No. 6210496) Prenda Law Inc. 161 N. Clark St., Suite 3200 Chicago, IL 60601 — Phone: 312-880-9160 Fax: 312-893-5677 E-mail: paduffy@wefightpiracy.com Attorney for Plaintiff
Exhibit 2 - Page 42 of 50
Case 2:12-cv-08333-ODW-JC Document 108-6 Filed 04/08/13 Page 43 of 50 Page ID : #:2563
Case: 1:12-cv-05077 Document #: 39 Filed: 03/14/13 Page 3 of 3 PagelD #:145
a CERTIFICATE OF SERVICE
The undersigned hereby certifies that on March 14, 2013, all counsel of record who are deemed to have consented to electronic service are being served a true and correct copy of the foregoing document using the Court’s CM/ECF system, in compliance with Local Rule 5.2(a).
/s/ Paul Duffy
Exhibit 2 - Page 43 of 50
Case 2:12-cv-08333-ODW-JC Document 108-6 Filed 04/08/13 Page 44 0f50 Page ID f #:2564
Case: 1:12-cv-08030 Document #: 8 Filed: 03/14/13 Page 1 of 3 PagelD #:63
o_ IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION AF HOLDINGS LLC, CASE NO. 1:12-CV-08030 Plaintiff, v. Judge: Hon. John J. Tharp, Jr. JOHN DOE, Defendant.
NOTICE OF ALLEGATIONS Plaintiff hereby notifies the Court of allegations of forgery that were made during a hearing in a matter pending before the U.S. District Court for the Central District of California. ( Ingenuityl3 LLC v. John Doe, No. 2:12-cv-08333-OWD-JC (C.D. Cal. Mar. 11, 2013). On March 11, 2013, an individual by the name of Alan Cooper alleged that his signature was forged on two separate agreements assigning the rights of various copyrighted works to Plaintiff, including the assignment at issue in this matter. (See, ECF No. 1-2 at 2.) Plaintiff categorically denies Mr. Cooper’s allegations, which ais nearly two years after certain of the alleged conduct occurred. Mr. Cooper has a pecuniary interest in his allegations by virtue of a lawsuit he filed against Plaintiff. Cooper v. Steele, et al., No. 27-CV-13-3463 (Minn. Dist. Ct., Hennepin Cty., 2013).
_ Even if Mr. Cooper’s allegations were truae—and they are not—Plaintiff’s assignments, fucindiue the assignment at issue in the instant action, remain valid. The formal requirements of a copyright assignment are “quite simple”: a writing signed by the assignor. 17 U.S.C. § 204; . Effects Associates, Inc. v. Cohen, 908 F.2d 555, 557 (9th Cir. 1990) (“The rule is really quite
1
Exhibit 2 - Page 44 of 50
Case 2:12-cv-08333-ODW-JC Document 108-6 Filed 04/08/13 Page 45 of50 Page ID ' #:2565
Case: 1:12-cv-08030 Document #: 8 Filed: 03/14/13 Page 2 of 3 PagelD #:64
simple: If the copyright holder agrees to fransfér ownership to another party, that party must get the copyright holder to sign a piece of paper saying so. It doesn't have to be the Magna Charta; a one-line pro forma statement will do.”); see also Order, AF Holdings LLC v. Does 1-96, No. 11- cev-3335-JSC (N.D. Cal. Nov. 22, 2011), ECF No. 29 at 5 n.1 (“The written copyright assignment recites that it is between the original copyright owner, Heartbreaker Films, and Plaintiff here, AF Holdings, LLC. . . . As the law requires only that the assignment be signed by the assignor ‘asi not the assignee, this inconsistency does not prevent a prima facie showing of copyright ownership.” (internal citations omitted).
Mr. Cooper’s allegations relate to the assignee, not-the assignor. The assignment at issue in this action satisfies the Copyright Act’s formal requirements. It is a writing signed by the assignor. Plaintiff's rights in the copyrighted work in this action were transferred when the assignor executed the assignment.
Plaintiff is treating Mr. Cooper’s allegations with utmost seriousness and is investigating their substance. Because Mr. Cooper’s allegations relate to the assignment agreement at issue in
the instant litigation, Plaintiff respectfully brings the matter to the Court’s attention.
Respectfully submitted,
DATED: March 14, 2013
By: /s/ Paul Duffy Paul Duffy (Bar No. 6210496) Prenda Law Inc. 161 N. Clark St., Suite 3200 Chicago, IL 60601 Phone: 312-880-9160 Fax: 312-893-5677 E-mail: paduffy@wefightpiracy.com Attorney for Plaintiff
Exhibit 2 - Page 45 of 50
Case 2:12-cv-08333-ODW-JC Document 108-6 Filed 04/08/13 Page 46 of 50 Page ID ‘ #:2566
Case: 1:12-cv-08030 Document #: 8 Filed: 03/14/13 Page 3 of 3 PagelD #:65
2a CERTIFICATE OF SERVICE
The undersigned hereby certifies that on March 14, 2013, all counsel of record who are . deemed to have consented to electronic service are being served a true and correct copy of the foregoing document using the Court’s CM/ECF system, in compliance with Local Rule 5.2(a).
/s/ Paul Duffy
Exhibit 2 - Page 46 of 50
Case 2:12-cv-08333-ODW-JC Document 108-6 Filed 04/08/13 Page 47 of 50 Page ID #:2567
* USCA Case #12-7135 Document #1425620 Filed: 03/15/2013 Pagel of 4
No. 12-7135
IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT AF HOLDINGS, LLC,
Plaintiff-Appellee, v. DOES 1 — 1,508, Defendants, and
COX COMMUNICATIONS, INC., et al.,
Appellants.
APPELLEE’S NOTICE OF ALLEGATIONS
Plaintiff hereby notifies the Court of allegations of forgery that were made during a hearing in a matter pending before the U.S. District Court for the Central District of California. Ingenuityl3 LLC v. John Doe, No. 2:12-cv-08333-OWD-JC (C.D. Cal. Mar. 11, 2013). On March 11, 2013, an individual by the name of Alan Cooper alleged that his signature was forged on two separate agreements assigning the rights of various copyrighted works to Plaintiff,
including the assignment at issue in this matter. (See, ECF No. 1-2 at 2.) Plaintiff categorically
Exhibit 2 - Page 47 of 50
Case 2:12-cv-08333-ODW-JC Document 108-6 Filed 04/08/13 Page 48 of 50 Page ID #:2568 .
USCA Case #12-7135 Document #1425620 Filed: 03/15/2013 Page 2 of 4
denies Mr. Cooper’s allegations, which arise nearly two years after certain of the alleged conduct occurred. Mr. Cooper has a pecuniary interest in his allegations by virtue of a lawsuit he filed against Plaintiff. Cooper v. Steele, et al., No. 27-CV-13-3463 (Minn. Dist. Ct., Hennepin Cty., 2013).
Even if Mr. Cooper’s allegations were true——and they are not—Plaintiff’s assignments, including the assignment at issue in the instant action, remain valid. The formal requirements of a copyright assignment are “quite simple”: a writing signed by the assignor. 17 U.S.C. § 204; Effects Associates, Inc. v. Cohen, 908 F.2d 555, 557 (9th Cir. 1990) (“The rule is really quite simple: If the copyright holder agrees to transfer ownership to another party, that party must get the copyright holder to sign a piece of paper saying so. It doesn't have to be the Magna Charta; a one-line pro forma statement will do.”); see also Order, AF Holdings LLC v. Does 1-96, No. 11-
cev-3335-JSC (N.D. Cal. Nov. 22, 2011), ECF No. 29 at 5 n.1 (“The written copyright assignment
recites that it is between the original copyright owner, Heartbreaker Films, and Plaintiff here, AF Holdings, LLC... . As the law requires only that the assignment be signed by the assignor and not the assignee, this inconsistency does not prevent a prima facie showing of copyright ownership.”) (internal citations omitted).
Mr. Cooper’s allegations relate to the assignee, not the assignor. The assignment at issue in this action satisfies the Copyright Act’s formal requirements. It is a writing signed by the assignor. Plaintiffs rights in the copyrighted work in this action were transferred when the assignor executed the assignment.
Plaintiff is treating Mr. Cooper’s allegations with utmost seriousness and is investigating their substance: Because Mr. Cooper’s allegations relate to the assignment agreement at issue in
the instant litigation, Plaintiff respectfully brings the matter to the Court’s attention.
Exhibit 2 - Page 48 of 50
Case 2:12-cv-08333-ODW-JC Document 108-6 Filed 04/08/13 Page 49 of 50 Page ID #:2569
* USCA Case #12-7135 Document #1425620 Filed: 03/15/2013 Page 3 of 4
By: s/Paul A. Duffy Paul A. Duffy
161 N. Clark St., Suite 3200 Chicago, IL 60601 Telephone: (312) 880-9160 Facsimile: (312) 893-5677 Attorney for the Appellee
Exhibit 2 - Page 49 of 50
Case 2:12-cv-08333-ODW-JC Document 108-6 Filed 04/08/13 Page 50of50 Page ID
#:2570 : USCA Case #12-7135 Document #1425620 Filed: 03/15/2013 Page 4 of 4 CERTIFICATE OF SERVICE
I certify that I electronically filed the foregoing with the Clerk of the Court for the United States Court of Appeals for the District of Columbia Circuit by sing the appellate CM/ECF system on March 15, 2013.
s/ Paul A. Duff Paul A. Duffy
Exhibit 2 - Page 50 of 50