Case 2:12-cv-08333-ODW-JC Document 23-3 Filed 12/18/12 Pagei1of25 Page ID #:247 GODFREAD LAW FIRM, PC. 100 South Fifth Street, Suite 1900, Minneapolis, MN 55402 November 29, 2012 Via ECF The Honorable Richard H. Kyle 772 Federal Building 316 N. Robert Street St. Paul, MN 55101 The Honorable Joan N. Erickson 12W US. Courthouse 300 South Fourth Street Minneapolis, MN 55415 Re: Alan Cooper - AF Holdings, LLC and Ingenuity13, LLC Dear Judge Kyle and Judge Erickson: I represent Alan Cooper who is concerned that his name or identity is being used without his consent as the CEO of AF Holdings, LLC, a plaintiff in several cases pending in the District of Minnesota. His name appears in attachments to the pleadings in these cases. Perhaps, the CEO of AF Holdings has the same name as my client, we have substantial information that would indicate that this is not a mere coincidence. I would like to be certain my client is not at risk of liability for the outcome of these cases and others like it and that he is not being made a front for the litigation activities of plaintuffs. I have attempted to contact counsel for AF Holdings and their reaction has not been reassuring. My client had for several years acted as a caretaker for a Minnesota property owned by an attorney by the name of John Steele. When visiting his property, Steele had on numerous occasions bragged to my client about a plan involving massive copyright litigation in multiple jurisdictions. He also specifically instructed my client to contact him if anyone asked about various corporations, that Cooper was to call him. When Cooper confronted Steele about that, Steele told him not to worry about it. Needless to say, my client was suspicious, but did not know what to make of this situation. Upon learning about the many lawsuits filed by AF Holdings and learning that AF Holdings has a CEO with an identical name he began to investigate further, eventually prompting him to retain counsel. Steele has filed numerous lawsuits across the country similar to the ones before this court involving copyright infringement over Bittorrent and may be heavily involved in the cases filed here by AF Holdings. Steele has appeared on behalf of AF Holdings in at least one case (see Ex. A). Steele also shares an office address (161 N. Clark Street, Chicago, IL 60601) with the office listed on the website of plaintiff’s counsel (www.wefightpitacy.com) (see Ex. B and C). Steele’s former law firm, Steele Hansmeier, appears to be the predecessor firm to Prenda Law and used the same domain name (see Ex. D - a screenshot of a cached copy of Steele’s law firm Steele Hansmeier at www.wefightpiracy.com in February 2011) Steele Hansmeier has also represented Ingenuity 13, which also appears to have a similar case pending here (0:12-cv-02686-RHK-JJG) which apparently also has a manager named Alan Cooper. (See Ex. E, page 8). From these exhibits, it is also clear that attorney Dugas shares a phone number with attorney Gibbs of Steele Hansmeier (415-325-5900). paul@godfreadlaw.com phone 612-284-7325 www.godfreadlaw.com fax 612-465-3609 Case 2:12-cv-08333-ODW-JC Document 23-3 Filed 12/18/12 Page 2 of25 Page ID #:248 Hon. Richard H. Kyle and Hon. Joan N. Enicksen November 29, 2012 Page Two When investigating this matter and calling the number listed on the wefightpiracy.com website, I confirmed that Steele is currently “of counsel” with Prenda Law. I called and emailed local counsel, Michael Dugas to give notice of representation and to find out if there was in fact a different Alan Cooper with AF Holdings. Within an hour after giving notice to Prenda Law and local counsel of my representation, Steele himself called my client several times in a row and asked if he had been talking to attorneys in Minnesota. Because I had not yet heard from attorneys Dugas or Steele, I looked for an alternative phone number for attorney Dugas and found a different number than the one that appears on the pleading (312-880-9160, See Ex. F). This number appears as attorney Steele’s number in Exhibit A as well. Calling that number, I heard a voicemail message which said “Prenda Law.” I again left a message, but have received no response. Because I have received no response from Dugas or Steele, and because Steele has contacted my client, my suspicions are now increased. Today, I received an email from another attorney from Prenda Law, Paul Duffy, suggesting that their client, AF Holdings, probably would not volunteer information. I reasserted my request to confirm that there was another Alan Cooper at AF Holdings. Shortly before sending this letter, Duffy emailed me again and said that I should not contact his office again. My client would like certainty that his identity is not being used without his knowledge and against his will as the would be CEO of AF Holdings, LLC or as a manager of Ingenuity13, LLC. Because both are Nevis based companies, discovering the true officers or directors is at best difficult. I have attempted to contact plaintiffs’ attorneys, but have not received a response that would allow me to advise my client that he should not be concerned. I respectfully request leave to file a motion to intervene and to seek discovery regarding the true identity of AF Holdings, LLC’s CEO and Ingenuity 13, LLC’s manager, Alan Cooper. PIL. ve Paul Godfread Exhibits cc: John Steele, Esq. (via email) Paul Duffy, Esq. (via email) Michael Dugas (via ECF) paul@godfreadlaw.com phone 612-284-7325 www .godfreadiaw.com fax 612-465-3609 Case 2:12-cv-08333-ODW-JC Document 23-3 Filed 12/18/12 Page 3of25 Page ID #:249 Case 1:12-cv-00048-BAH Document 32 Filed 04/20/12 Page 1of5 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA AF HOLDINGS LLC, ) Plaintiff, v. Case : 1:12-cv-00048 DOES 1 — 1058, Judge : Hon. Beryl A. Howell Defendants. MOTION FOR PRO HAC VICE ADMISSION OF JOHN L. STEELE I, Paul A. Duffy, hereby move pursuant to Local Civil Rule 83.2(d) for the pro hac vice admission of John L. Steele to the bar of this Court to act as co-counsel in this action. Mr. Steele is of counsel with the firm of Prenda Law, Inc., and is a member in good standing of the bar of the State of Illinois and the U.S. District Court for the Northern District of Illinois. On the basis of the foregoing, it is respectfully requested that this Court admit Mr. Steele pro hac vice for the purpose of appearing and participating as co-counsel on behalf of Plaintiff, AF Holdings, Inc., in this action. Dated: April 20, 2012 Respectfully submitted, By: __/s/ Paul A. Duf Paul A. Duffy (D.C. Bar # IL0014 ) Prenda Law Inc. 161 N. Clark Street, Suite3200 Chicago, IL 60601 Telephone: (312) 880-9160 Facsimile: (312) 893-5677 Attorneys for Plaintiff, AF Holdings LLC Exhibit _A Pg_\ of 5 Case 2:12-cv-08333-ODW-JC Document 23-3 Filed 12/18/12 Page 4of25 Page ID #:250 Case 1:12-cv-00048-BAH Document 32 Filed 04/20/12 Page 2of5 CERTIFICATE OF SERVICE The undersigned attorney hereby certifies that on April 20, 2012, I caused a true and correct copy of the foregoing Motion For Pro Hac Vice Admission to be electronically filed with the Clerk of the District Court using the CM/ECF system, which sent notification of such filing to all counsel of record. Dated: April 20, 2012 Is/_ Paul A. Duffy Paul A. Duffy > Exhibit Pg 2 of P Case 2:12-cv-08333-ODW-JC Document 23-3 Filed 12/18/12 Page5of25 Page ID#:251 Case 1:12-cv-00048-BAH Document 32 Filed 04/20/12 Page 3of5 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA AF HOLDINGS LLC, ) Plaintiff, v. Case : 1:12-cv-00048 DOES 1 - 1058, ; Judge : Hon. Beryl A. Howell Defendants. DECLARATION OF JOHN L. STEELE I, John Steele, declare pursuant to 28 U.S.C. § 1746 and Local Civil Rule 83.2(d): l. I am of counsel with the law firm of Prenda Law, Inc., counsel for Plaintiff, AF Holdings, LLC in the above-captioned action. I submit this declaration in support of Paul A. Duffy’s Motion pursuant to Local Civil Rule 83.2(d) for the pro hac vice admission of John Steele to the bar of this Court. 2. My full name is John L. Steele. 3, My office address is 161 N. Clark Street, Suite 3200, Chicago, Illinois 60601. My office telephone number is (312) 880-9160. 4, I have also been admitted to practice before, and am a member in good standing of, the bars of the United States Court District Court for the Northern District of Illinois, and the State of Illinois. 5. I have not been disciplined by any bar. 6. I have been admitted pro hac vice to this Court in one case (1:12-mc-00150- ESH-AK) in the previous two years. Exhibit A Pg 2 of 5 Case 2:12-cv-08333-ODW-JC Document 23-3 Filed 12/18/12 Page 6of25 Page ID #:252 Case 1:12-cv-00048-BAH Document 32 Filed 04/20/12 Page 4of5 7. I do not engage in the practice of law from an office located in the District of Columbia. I am not a member of the District of Columbia bar, nor do I have an application for membership pending. I hereby declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Dated: April 20, 2012 /s/_ John Steele John Steele Prenda Law Inc. 161 N. Clark St., Suite 3200 Chicago, IL 60601 Telephone: (312) 880-9160 Facsimile: (312) 893-5677 Exhibit _/-|_ Pg_+|_of & _ Case 2:12-cv-08333-ODW-JC Document 23-3 Filed 12/18/12 Page 7of25 Page ID #:253 Case 1:12-cv-00048-BAH Document 32 Filed 04/20/12 Page 5of5 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA AF HOLDINGS LLC, ) Plaintiff, ‘ v. Case : 1:12-cv-00048 DOES 1 — 1058, ; Judge : Hon. Beryl A. Howell Defendants. ea On [PROPOSED] ORDER Upon consideration of the Motion for Pro Hac Vice Admission of John L. Steele, it 1s hereby ORDERED that John L. Steele be specially admitted to appear and participate in the above-captioned matter as counsel for Plaintiff AF Holdings, LLC. Dated: April 20, 2012 Hon. Beryl A. Howell United States District Court Judge 11/27/12 Chicago Divorce Lawyer, Child Support Attorney, Child Custody Lawyers, Family Law Attorneys - Ste... MAKE A FRESH START TURN OVER A NEW LEA] Steele Law Home Attorney Profile Divorce And Family Law Child Custody Child Support Modification & Enforcement Collaborative Divorce & Mediation Prenuptial & Postnunptial Agreements Spousal Support / Maintenance Domestic Violence & Orders of Protection Adoption Bankruptcy STEELE LAW FIRM, LLC Prone: 312- Office Locations: Downtown Chicago 1G1 N Ciark St., Suite 5200 OE hin AOS Uricago, iL. 50601 Naperville 12 [Tim Catatn Cf: eat 2135 CityGate Lt, BULEG SYL ji ANO¢e igyeiti¢ fi ft 7S) SEVitit, £hL OVID www.steele-law.com 593-5838 Toll-Free (: pee tte en re eas = ee Tate; nee Steele Law Firm Overview Practice Areas Divorce and Family Law Resources WELCOME TO THE STEELE LAW FIRM, LLC with Offices in Chicago, IL. Family Law @ Bankruptcy e Divorce e Child Custody Child Support e Prenuptial Agreements If you are going through a divorce, or if your financial troubles are leading you to consider bankruptcy, you now have the opportunity to take a situation that isn't working out and make it better. All of our clients have unique personal problems that they need help with. We are in the business of solving thos problems, whether they be related to family law matters, such as divorce, child custody or child support, or consumer bankruptcymatters. Contacting a lawyer can be the first step toward taking hold of your future and building a better life. If you are looking for an attorney who will do what it takes to get you relief from your legal concerns, contact us to schedule a free initial consultation about your case. Quality Legal Assistance in Illinois The Steele Law Firm is one of Chicagoland's premier family law and consumer bankruptcy law firms. Our attorneys and staff are committed to providing high quality, accessible, compassionate service to our clients. We give each client and case the individual attention they deserve, and do everything in our power to reach our clients’ overall needs and goals. Our main office is located in the Loop in downtown Chicago, and we also have an office location in the Chicago suburb of Naperville. We represent clients with matters in Cook County, DuPage County, Kane County, Lake County, and Will County family courts, and the Northern, Southern and Central Districts of Illinois federal bankruptcy courts. Whether you are looking for an advocate in a divorce proceeding, need help enforcing a child support order, want to know whether Chapter 7 or Chapter 13 bankruptcy is better for you, you need the advice and assistance of a skilled, experienced Illinois attorney to help you protect all of your legal rights. Give us a call today at (312) 893-5888 or 1-800-DIVORCE (in Northern Illinois) or contact us to learn more about how we can help you or to set up a FREE consultation. Rate Information: Fixed Hourly Rates Fixed Flat Fees Available FREE Consultation We Accept Major Credit Cards e Visa e MasterCard e American Express e Discover We Can Assist You With: * Matrimonial Law * Family Law « Divorce « Domestic Relations « Dissolution of Marriage and Legal Separation e Litigation in Trial Courts e Negotiated Settlements « Alternative Dispute Resolution, such as Collaborative Law and Mediation *« Appeals to Reviewing Courts * Financial Discovery and Analysis e Property Division e Retirement Benefits * Qualified Domestic Relations Orders (QDROs) * Paternity * Adoption 1-800-DIVORCE {1IN NORTHERN ILLINOIS) Contact Us 1/2 Case 2:12-cv-08333-ODW-JC Document 23-3 Filed 12/18/12 Page9of25 Page ID #:255 11/27/12 Chicago Divorce Lawyer, Child Support Attorney, Child Custody Lawyers, Family Law Attorneys - Ste... ¢ Child Custody, including Joint Custody and Sole Custody ¢ Child Visitation ¢ Child Support ¢ Child Abductions « Maintenance, formerly known as Alimony « Spousal Support ¢ Marital Settlement Agreements « Premarital Agreements ¢ Postnuptial Agreements « Annulments « Domestic Violence e Post-Decree and Post-Judgment Issues and Modifications * Restraining Orders « Separation Agreements We are a debt relief agency. www.steele-law.com Exhibit QA 2/2 Pg_. of 2 Case 2:12-cv-08333-ODW-JC Document 23-3 Filed 12/18/12 Page 10 of 25 Page ID #:256 11/27/12 Prenda Law INC. 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They viccommaaiao4 fhe Idea all states wkhout associating locally cenved attomeys and/or becoming admitted in that nh fora purpose Prenda Law Inc. lavyer responsdle for the contents of this website fs Paul Duffy. wefightpiracy.com/terms-of-service.php Exhibit ( Pg 3 of > 3/3 Steele | Hansmeier PLLC 11/28/12 Perey TS Tt tt te ee ee BGK 6 64445 4564065588680888084 SEBOVWAHPRACVWH Ooo KH SHH HH HS w RES Ko KHOR GSES DSBS ESS i Se ee ee ee er ee PBS AA Sw SHSSS54S6 ERRORS POCA SSS SAADSHSO HR eK HOw BD DS ~ Baw ~ ee a RHRSKSOSSBS re a Oe DPKA SEP RAPODHHERBESER SEGLLSe . @eeccven a eR PESS SOSH WEATHER KAAKM NETH BBRLE aus 4s @errerv3e.Wer ee BES H s PPPS SOSA KREBDAHBE RHO BAKA BE EH De eae — a we SBORSSSKSSRASLHSHSSESSEHKKEZH on SPRSSSSSSCSTCFUKSSVEVAHEESBBAE VSSSrse@ Sve sees Ovseuse eed sttos “PS SSH SPSTRSSSL UHRA BHHDK SE PPL OHSS SHH OST HE EKBESHBHEEG ee ee ee ee ee COTO DPREWC BAS KROsBSHKABBSKAEOH AOS PSA ESS REO ARH HHH KRH MOE BK ee ee ee ee ee ee ee ee ee eas PP PAD EP EREA TDR RES HSS TOS 7. 1. oon es ts <5 sis dnuididthcedicaliaidia die inecahdinediactinicieadaadinttatete Didhesieetadchiahed ae it RPV Pe SKMHSCKABK AHH HKREBKSSREA .- ee ee ee ee ee ee Pe ee PEPSH CRS SCBAGKCGT HRS ODS SABEBKEAL TD : PTVTETETET ITEP ET Fe PP SSRKBS EC SEBARY BARS USBERKEWS ee ee et CORRS SORES SES SPOSOASLSBReBLSLVC Le SHO BHSHBLSE -+*% 235824828 834860068866 808 WPSRSSSGSSCHBSASs Hest eae see suns ee KREME SHEEP HESS KRESS seessSse bee ees sesssscu C6 ee EKER SHSSSSSSSERSE PESSS OSSCSSS VF SHH OH REE MGEDE SUSSEESSSS SSC EEEEEL. 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Y and = ~” c = ~~ 2 uv vu — ap) oO oe oO lo | font — c Ss = ke ee) —_ = = Y — Ye fod ] _— n ° INTFRNET nde dads Wayeged machine. e Hor e Se e Contact Us ° STEELE | HANSMEIER 1/4 sl digit ’ of _‘{ | isi. Exhibi gener arts fie future ing the creative around the world. Ss preserving a als fession Ww our mission arts pro vie //wefightpiracy.com/ 2010 We piracy represents an existential threat to creative Arts Jun 19, e Preserving the Creative web.archive.org/web/20110207181155/http Case 2:12-cv-08333-ODW-JC Document 23-3 Filed 12/18/12 Page 14of25 Page ID #:260 11/28/12 Steele | Hansmeier PLLC oe; e Steele | Hansmeier e Combating Piracy in the Digital Age Ta -, e Preserving the Creative Arts Contact Us About Us Steele | Hansmeier PLLC is a Chicago-based law firm that provides legal services to content producers and creative professionals. Our focus is purusing individuals and businesses who infringe on the copyrights associated with our clients’ creative works. Our practice includes addressing the unique legal issues posed by Internet-based piracy, where the vast majority of infringement occurs under the cover of Internet Protocol (“IP”) addresses. We view our mission as a small part of the overall effort to preserve the creative arts for future generations. In our view, the ease with which digital content is pirated represents an existential threat to the future of professional content producers. Our clients understand all too well the problems posed by the unauthorized redistribution of their copyrighted works, particularly given the capital investment associated with producing and marketing professional works. Services The legal services offered by Steele | Hansmeier PLLC reflect the lifecycle of a creative work. Such services include: e Due diligence efforts to determine whether a proposed creative work lacks originality or infringes on another creative work; e Developing a plan for protecting and enforcing U.S. and international copyrights; e Securing U.S. copyrights and coordinating with third parties to secure international copyrights in both Berne and non-Berne Convention countries; and e Enforcing U.S. copyrights and coordinating with third parties to enforce international copyrights. Many of our services involve coordinating with third party attorneys (e.g. international copyright work) and third party technology providers (e.g. copyright enforcement). Our consistent focus is to provide our clients with strong returns on the capital they invest in our time and that of our third party service providers. top Due Diligence Before investing substantial capital into the production and/or distribution of a creative work, a creative artist may wish to conduct a basic level of due web.archive.org/web/20110207181155/http://wefightpiracy.com/ Exhibit p 2/4 Pg_2 of 4 _ Case 2:12-cv-08333-ODW-JC Document 23-3 Filed 12/18/12 Page 15o0f25 Page ID#:261 11/28/12 Steele | Hansmeier PLLC diligence into determining the degree to which their work resembles other copyrighted creative works. The methods for conducting this sort of due diligence vary based on the medium, through most forms of creative work lend themselves to digital due diligence. For example, an audio file can be digitally fingerprinted based on a variety of characteristics (e.g. rhythm, length, melody, etc.). This fingerprint can be compared to those of other audio files. Similar results would then be reviewed to determine whether a copyright issue exists. If such an issue exists, then the creative artist can attempt to obtain a license from the copyright holder of the original work. A creative artist’s bargaining power is much stronger before they invest millions of dollar into marketing and distributing a creative work. In 2008, Joe Satriani filed a copyright infringement lawsuit against the Grammy Award-winning band, Coldplay. Satriani’s suit alleged that Coldplay's hit song, Vida la Vida, contained substantial portions of Satriani’s, If | Could Fly. The parties eventually reached an out-of-court monetary settlement for an undisclosed financial sum. In addition to avoiding infringement lawsuits, it is important to know whether a given creative work will even be afforded the protection of the copyright laws of the jurisdictions in which the artist intends to market the creative work. Steele | Hansmeier PLLC offers services to assist creative artists in conducting the forms of due diligence described in this section. Protection Planning Another category of services offered by Steele | Hansmeier PLLC is assisting creative artists plan their copyright strategy in advance of the creation and/or publication of their creative works. Despite the existence of international treaties, such as the Berne Convention, the world as a whole essentially remains a patchwork of copyright laws with varying degrees of enforcement. By way of example, a creative artist's approach to copyright protection in the United States should look much different than the artists approach to copyright protection in China. We offer to assist creative artists in developing copyright protection strategies worldwide. Securing Copyrights Once a creative work has been produced and/or published, it is generally important to register a copyright in every country where the copyright holder may wish to assert their rights. We offer to assist creative artists by coordinating the registration of their copyrights around the world, as required. In the United States it is particularly important to register one’s copyrights. As a general rule, copyright registration is a prerequisite to filing a copyright infringement lawsuit in U.S. federal court and a timely filing will preserve remedies that may be lost indefinitely if one does not timely register his or her copyright. Enforcing Copyrights Copyright enforcement is a rapidly evolving field. Recent advances in communications technology have dramatically lowered the cost and increased the profitability of mass-piracy. As piracy evolves, so too must copyright enforcement strategies. Steele | Hansmeier PLLC offers services on the cutting edge of copyright enforcement, including: 1) DMCA enforcement services; 2) pirate pursuit services; and 3) advising on comprehensive paradigm shifts in copyright enforcement. Disclaimer Our website is intended to provide only an overview of Steele | Hansmeier PLLC. Nothing on this website is meant to be or should be relied on as legal advice. Commentary on this website is not necessarily up to date. This website is not intended to be an offer to represent you, nor is it intended to establish an attorney client privilege. Links @ese® ~~ ’ 7 Se a ’ ices web.archive.org/web/20110207181155/http://wefightpiracy.com/ Exhibit ale Pg_% of 4 Case 2:12-cv-08333-ODW-JC Document 23-3 Filed 12/18/12 Page 16o0f25 Page ID #:262 11/28/12 Steele | Hansmeier PLLC Latest News According to an article published on Digital Trends, Google is taking steps to implement several anti-piracy measures, which will ideally make it more difficult for searchers to located pirated material. First, Google is increasing its responsiveness to takedown requests of so-called “reliable copyright holders.” Second, its autocomplete function will filter out greater amounts of infringing results. [...] According to a recently published article in the Salt Lake Tribune, Ed Catmull, president of Pixar Studios, linked international copyright protection to Pixar’s ability to continue investing in the cutting-edge technology that’s brought us such movies as Wall-E, Monster’s, Inc., and Up - all of which are presumably registered trademarks of Pixar Animation Studios. At |...] Ridley Scott’s Robin Hood, starring Russell Crowe and Cate Blanchett, is not only popular in the theaters, but also among the BitTorrent crowd. According to BitTorrent news site, TorrentFreak, Robin Hood, despite its relatively lower IMDB rating, beat out both Iron Man 2 and the Expendables for the the top spot on the piracy chart [...] © Copyright Steele | Hansmeier PLLC - Design by Facebook Lwitter ft | i “k is top web.archive.org/web/20110207181155/http://wefightpiracy.com/ Exhibit 4/4 Pg_ | of 4 | Case 2:12-cv-08333-ODW-JC Document 23-3 Filed 12/18/12 Page1/7of25 Page ID #:263 Case 2:11-mc-00084-JAM-DAD Document 1 Filed 10/28/11 Page 1 of 8 1 || Brett L. Gibbs, Esq. (SBN 251000) Steele Hansmeier PLLC. 2 {138 Miller Avenue, #263 Mill Valley, CA 94941 3 || 415-325-5900 bleibbs@wefightpiracy.com 4 Attorney for Petitioner 5 6 ; IN THE UNITED STATES DISTRICT COURT FOR THE g EASTERN DISTRICT OF CALIFORNIA 9 10 || In the Matter Of a Petition By ) ) 11 || INGENUITY 13 LLC, ) No. ) 12 ) Judge: ) 13 ) VERIFIED PETITION TO ) PERPETUATE TESTIMONY 14 ) ae 15 16 1. Petitioner Ingenuity13 LLC by and through its undersigned attorney, hereby 17 || petitions this Court for an order pursuant to Federal Rule of Civil Procedure 27 authorizing the 18 || issuance of subpoenas duces tecum to the Internet Service Providers (“ISPs”) listed on Exhibit A to 19 || this petition. 20 va Petitioner is limited liability company organized and existing under the laws 91 || of the Federation of Saint Kitts and Nevis. Petitioner produces adult entertainment content and this 92 |\content is being unlawfully reproduced and distributed over the Internet via the BitTorrent file 93 || transfer protocol. An individual or individuals wrongfully reproduced and distributed Petitioner’s 94 ||copyrighted works via the BitTorrent protocol in violation of Petitioner’s exclusive rights under 95 || United States Copyright Act, 17 U.S.C. §§ 101, et seq. Petitioner anticipates bringing a civil action 26 || against the person or persons engaging in such unlawful activity. This action would be cognizable in 77 ||a United States court as United States courts have exclusive jurisdiction over copyright actions. 28 || Without knowing the identity or identities of the anonymous infringers, Petitioner has no means to Exhibit a Pg_| of § Case 2:12-cv-08333-ODW-JC Document 23-3 Filed 12/18/12 Page 18 of 25 Page ID #:264 Case 2:11-mc-00084-JAM-DAD Document1 Filed 10/28/11 Page 2of8 — name and serve the individual or individuals in an action with summons and complaint. The purpose 2 || of this petition is to ascertain these identity or identities. 3 a: Petitioner seeks the name, address, telephone number, e-mail address and 4 || Media Control Access number of each account holder associated with the Internet Protocol (“IP”) 5 || addresses listed on Exhibit B to this petition. Each of the IP addresses was identified by Petitioner’s 6 || agents as being associated with infringing activity on the corresponding dates and times listed on 7 || Exhibit B. The reasons to perpetuate the testimony are multiple. First, without this information 8 || Petitioner has no means to name and serve a complaint on the infringing parties. Second, on 9 || information and belief, this information is destroyed in the regular course of business and will be 10 || unavailable to Petitioner after it is destroyed. An example of an ISP’s data retention policy is shown 11 || as Exhibit C. Finally, under the Cable Communications Policy Act, 47 U.S.C. § 551(c)(2)(B), a court 12 || order is necessary to discover an account holder’s identity. 13 4. The names and addresses of the person or persons whom Petitioner expects to 14 || be adverse parties are unknown to Petitioner. The individual or individuals responsible for infringing 15 || Petitioner’s works are known to Petitioner only by an IP address—a number that is assigned to 16 || devices, such as computers, that are connected to the Internet. Petitioner used geolocation to trace 17 ||the IP addresses of the expected adverse party or parties to a point of origin within the State of 18 || California. 19 5: The name and address of each responding party is set forth on Exhibit A to 20 || this petition. Petitioner is seeking the name, address, telephone number, e-mail address and Media 21 || Control Access number of each account holder associated with the Internet Protocol (“IP’’) addresses 22 || listed on Exhibit B to this petition. 23 FACTUAL ALLEGATIONS 24 6. Petitioner is the owner of the copyright for the motion picture set forth in 25 || Exhibit D to this petition. 26 7. As set forth below, Petitioner has actionable claims for direct and contributory 27 || copyright infringement and a claim for civil conspiracy against the individual or individuals who 28 ; VERIFIED PETION TO PERPETUATE TESTIMONY Exhibit c Pg 2 of 4 Case 2:12-cv-08333-ODW-JC Document 23-3 Filed 12/18/12 Page 19of25 Page ID #:265 Case 2:11-mc-00084-JAM-DAD Document1 Filed 10/28/11 Page 3 of 8 — engaged in infringing activities via the IP addresses set forth on Exhibit B hereto based on the parties’ use of the BitTorrent protocol to illegally reproduce and distribute Petitioner’s work(s). A. The Unknown Infringers used BitTorrent to Infringe Petitioner’s Copyrights 8. BitTorrent is a modern file sharing method (“protocol”) used for distributing data via the Internet. BitTorrent protocol is a decentralized method of distributing data. Instead of relying on a central server to distribute data directly to individual users, the BitTorrent protocol allows individual users to distribute data among themselves by exchanging pieces of the file with each other to eventually obtain a whole copy of the file. When using the BitTorrent protocol, every oO CO NSN BO A Se WW WN user simultaneously receives information from and transfers information to one another. 10 9. The BitTorrent protocol is an extremely popular method for transferring data. 11 || A group of individuals transferring data among one another (the “swarm”) will commonly include 12 || peers from many, if not every, state in the United States and several countries around the world. And 13 || every peer in the swarm participates in distributing the file to dozens, hundreds, or even thousands of 14 || other peers. 15 10. The BitTorrent protocol is also an extremely popular method for unlawfully 16 || copying, reproducing, and distributing files in violation of the copyright laws of the United States. A 17 || broad range of copyrighted albums, audiovisual files, photographs, software, and other forms of 18 || media are available for illegal reproduction and distribution via the BitTorrent protocol. 19 11. Efforts at combating BitTorrent-based copyright infringement have been 20 || stymied by BitTorrent’s decentralized nature. Because there are no central servers to enjoin from 21 || unlawfully distributing copyrighted content, there is no primary target on which to focus anti-piracy 22 || efforts. Indeed, the same decentralization that makes the BitTorrent protocol an extremely robust and 23 || efficient means of transferring enormous quantities of data also acts to insulate it from anti-piracy 24 || measures. 25 12.‘ The infringing parties in this action were all observed using the BitTorrent 26 || protocol to unlawfully reproduce and distribute Plaintiff's copyrighted work by exchanging pieces 97 || with one another either directly or via a chain of data distribution. 3 VERIFIED PETION TO PERPETUATE TESTIMONY Exhibit € ee Pg_S of 8 Case 2:12-cv-08333-ODW-JC Document 23-3 Filed 12/18/12 Page 20 0f 25 Page ID #:266 Case 2:11-mc-00084-JAM-DAD Document1 Filed 10/28/11 Page 4 of 8 — B. Each infringer installed a BitTorrent Client on his or her computer 13. The individual or individuals associated with the infringing activity installed a BitTorrent Client onto his or her computer(s). Normal commercial computers do not come pre- loaded with BitTorrent software. Each infringer must have separately installed on their respective computers special software that allows peer-to-peer sharing of files by way of the Internet. The infringers use software known as BitTorrent clients. Among the most popular BitTorrent clients are Vuze (formerly Azureus), Torrent, Transmission and BitTorrent 7, although many others are used as well. oOo Oo NON ON Oe OW KN 14. Once installed on a computer, the BitTorrent “Client” serves as the user’s 10 || interface during the process of uploading and downloading data using the BitTorrent protocol. 1] C. The Initial Seed, Torrent and Tracker 12 15. A BitTorrent user who wants to upload a new file, known as an “Initial 13 || Seeder,” starts by creating a “torrent” descriptor file using the client he or she installed onto his or 14 ||her computer. The Client takes the target computer file, the “initial seed,” in this case, one of the 15 || copyrighted Works, and divides it into identically sized groups of bits known as “pieces.” The Client 16 ||then gives each one of the computer file’s pieces, in this case, pieces of one of the copyrighted 17 || works, a random and unique alphanumeric identifier known as a “hash” and records these hash 18 || identifiers in the torrent file. 19 16. | When another peer later receives a particular piece, the hash identifier for that 20 || piece is compared to the hash identifier recorded in the torrent file for that piece to test whether the 21 || piece is free of errors. In this way, the hash identifier works like an electronic fingerprint to identify 22 || the source and origin of the piece and ensure that the piece is authentic and uncorrupted. 23 17. Torrents files also have an “announce” section, which specifies the Uniform 94 || Resource Locator (“URL”) of a “tracker” and an “info” section, containing (suggested) names for 95 |\ the files, their lengths, the piece length used, and the hash identifier for each piece, all of which are 26 || used by the Client on peer computers to verify the integrity of the data they receive. The “tracker” is 27 ||a computer or set of computers that a torrent file specifies and to which the torrent file provides 28 ‘ VERIFIED PETION TO PERPETUATE TESTIMONY Exhibit é Pg =o f DB ‘ Case 2:12-cv-08333-ODW-JC Document 23-3 Filed 12/18/12 Page 21o0f25 Page ID #:267 Case 2:11-mc-00084-JAM-DAD Document1 Filed 10/28/11 Page 5 of 8 jot peers with the URL address(es). The tracker computer or computers direct a peer user’s computer to another peer user’s computer that have particular pieces of the file, in this case, one of the copyright Works on them, and facilitates the exchange of data among the computers. Depending on the & Ww Nh BitTorrent Client, a tracker can either be a dedicated computer (centralized tracking) or each peer can act as a tracker (decentralized tracking). D. Torrent Sites 18. “Torrent Sites” are websites that index torrent files that are currently being made available for copying and distribution by the people using the BitTorrent protocol. There are oO CFO NSN NHN GN numerous torrent websites, such as www.torrentz.eu or thepiratebay.org. 10 19. | Upon information and belief, each infringer went to a torrent site to upload 11 |{/and download one of the Petitioner’s copyrighted Works. 12 E. Uploading and Downloading a Work Through a BitTorrent Swarm 13 20. Once the initial seeder has created a torrent and uploaded it onto one or more 14 || torrent sites, then other peers begin to download and upload the computer file to which the torrent is 15 || linked (here, one of the copyright Works) using the BitTorrent Client that the peers installed on their 16 || computers. 17 21. | The BitTorrent protocol causes the initial seed’s computer to send different 18 || pieces of the computer file, here, one of the copyrighted Works, to the peers who are seeking to 19 || download the computer file. Once a peer receives a piece of the computer file, it starts transmitting 20 || that piece to other peers. In this way, all of the peers and seeders are working together in what is 21 || called a “swarm.” 22 22. Here, each infringing peer member participated in a swarm through digital 93 || handshakes, the passing along of computer instructions, uploading and downloading, and by other 24 || types of transmissions. 25 23. In this way, and by way of example only, one initial seeder can create a 26 || torrent that breaks a movie up into hundreds of piece saved in the form of a computer file, like the 27 || Works here, upload the torrent file onto a torrent site, and deliver a different piece of the computer B) VERIFIED PETION TO PERPETUATE TESTIMONY Exhibit Pg 5 of Q Case 2:12-cv-08333-ODW-JC Document 23-3 Filed 12/18/12 Page 22 of 25 Page ID #:268 Case 2:11-mc-00084-JAM-DAD Document1_ Filed 10/28/11 Page 6 of 8 —" file to each of the peers. The receiving peers then automatically begin delivering the piece they just received to the other peers in the same swarm. 24. Once a peer, here an infringer, has downloaded the full file, the BitTorrent Client reassembles the piece and the peer is able to view the video. Also, once a peer has downloaded a full file, that peer becomes known as “an additional seed”’ because it continues to distribute the torrent file which, in this case, was one of the copyrighted Works. F. Petitioner’s Computer Investigators Identified Each Infringer’s IP Address as an Infringer of Petitioner’s Copyright Works eo Oo SN BO HO ee WY HN 25. Petitioner retained 6881 Forensics, LLC (“6881”) to identify the IP addresses 10 used by the individual or individuals that were misusing the BitTorrent protocol to unlawfully il distribute Petitioner’s copyrighted Work. 12 26. 6881 used forensic software, “BitTorrent Auditor’ to audit a swarm for the 13. || Presence of infringing transactions. 27. 6881 extracted the resulting data gathered from the investigation, reviewed the 14 15 evidence logs, and isolated the transactions and the IP addresses associated with the copyrighted 16 work listed on Exhibit D hereto. 7 28. The IP addresses and hit dates contained on Exhibits B accurately reflects 18 what is contained in the evidence logs and show that: 19 (A) Each infringer copied a piece of one of Petitioners copyrighted work; 20 and 1 (B) Each infringer was part of a BitTorrent swarm. 99 29. 6881’s technician analyzed each BitTorrent “piece” distributed by the IP 74 addresses listed on Exhibit B and verified that each piece consisted of part of the copyrighted work. 74 30. ‘In order for petitioner to be able to take appropriate action to protect its 95 copyrighted work under 17 U.S.C. §§ 101, et seq, petitioner must be authorized issuance of 26 subpoenas duces tecum to the ISPs listed on Exhibit A to this petition. 97 31. | No prior application has been made for the relief sought herein. 28 P VERIFIED PETION TO PERPETUATE TESTIMONY Exhibit £ Pg_G of Case 2:12-cv-08333-ODW-JC Document 23-3 Filed 12/18/12 Page 23 of 25 Page ID #:269 Case 2:11-mc-00084-JAM-DAD Document1 Filed 10/28/11 Page 7 of 8 —" WHEREFORE, petitioner requests that an order be made and entered directing that petitioner 2 ||may compel the production of documents to the extent of determining the name, current (and 3 |] permanent) addresses, telephone numbers, e-mail addresses and Media Access Control addresses of 4 || the person or persons whose IP addresses are listed in Exhibit B from the ISPs listed on Exhibit A 5 || for the purposes of determining the true identity of unknown infringers. To further support its 6 || Petition, Petitioner attaches as Exhibit F its Memorandum of Law in Support of Petitioner’s Verified 7 || Petition to Perpetuate Testimony. 8 9 10 |] Respectfully Submitted, 11 Ingenuity 13 LLC, 12 || DATED: October 28, 2011 By: ____/s/ Brett L. Gibbs, Esq. = Brett L. Gibbs, Esq. (SBN 251000) 15 Steele Hansmeier PLLC. 38 Miller Avenue, #263 16 Mill Valley, CA 94941 415-325-5900 17 blgibbs@wefightpiracy.com Attorney for Plaintiff 18 19 20 21 22 23 24 25 26 27 28 7 VERIFIED PETION TO PERPETUATE TESTIMONY Exhibit b py Pg_*) of _2 Case 2:12-cv-08333-ODW-JC Document 23-3 Filed 12/18/12 Page 24 o0f 25 Page ID #:270 Case 2:11-mc-00084-JAM-DAD Document1 Filed 10/28/11 Page 8 of 8 b—_— NOTARIZED VERIFICATION 2 3 I declare under penalty of perjury under the laws of the United States of America that the : foregoing information contained in this Verified Petition is, to the best of my knowledge, true and 5 correct. 6 7 ; DATED: October 28, 2011 /S/ Alan Cooper Alan Cooper, Manager of Ingenuity 13 LLC 9 10 I, Brett L. Gibbs, Esq., hereby confirm per Eastern District of California Local Rule 131(f) 11 || that counsel for Plaintiff has a signed original notarized version of the above Verified Petition. 12 13 DATED: October 28, 2011 14 By: /s/ Brett L. Gibbs, Esq. 5 Brett L. Gibbs, Esq. (SBN 251000) 16 Steele Hansmeier PLLC. 38 Miller Avenue, #263 17 Mill Valley, CA 94941 415-325-5900 18 blgibbs@wefightpiracy.com 19 Attorney for Plaintiff 20 21 22 23 24 25 26 27 28 8 VERIFIED PETION TO PERPETUATE TESTIMONY Exhibit gE Pg_% of ¥ 1/29/12 Case 2:12-cV-0833 2pLobdkt sth€s. mL ne Conaveral. 2 BBasdot-eeh 2488/12 Page 25 of 25 Page |ID#:271 Skip to Main Content Locout My Account Search Menu New Civil Search Refine Search Back Location . ARMNCIS Sites - Case Search Heip REGISTER OF ACTIONS Case No. 27-CV-12-17079 Guava LLC vs CenturyLink Inc C60 COILED Case Type: Date Filed: Location: Judicial Officer: Civil Other/Misc. 08/10/2012 « Hennepin Civil Steenson DuFresne, Mary E. ee er eee ee eee eee Party INFORMATION Defendant CenturyLink Inc Plaintiff Guava LLC Events & ORDERS OF THE COURT OTHER EVENTS AND HEARINGS 08/10/2012] Motion 08/20/2012] Notice of Case Assignment (Judicial Officer: Steenson DuFresne, Mary E. ) 09/24/2012] Proposed Document 09/24/2012} Certificate of Representation 09/24/2012| Memorandum 09/24/2012] Affidavit-Other 09/24/2012] Affidavit of Service 09/27/2012] Notice of Appearance 09/27/2012] Notice of Appearance 09/27/2012] Motion 09/27/2012] Responsive Motion 09/28/2012] Order-Other 09/28/2012] Notice of Appearance 10/01/2012| Motion Hearing (9:15 AM) (Judicial Officer Steenson DuFresne, Mary E.) Result: Held 10/01/2012] Taken Under Advisement (Judicial Officer: Steenson DuFresne, Mary E. ) 10/12/2012] Correspondence 10/15/2012! Correspondence 10/29/2012| Telephone Motion Hearing (9:30 AM) (Judicial Officer Steenson DuFresne, Mary E.) Result: Held 10/29/2012] Order Granting Motion (Judicial Officer: Steenson DuFresne, Mary E. FINANCIAL INFORMATION Defendant CenturyLink Inc Total Financial Assessment Total Payments and Credits Balance Due as of 11/29/2012 09/25/2012} Transaction Assessment 09/25/2012 | E-File Electronic Payment Receipt # EP27C-2012-12417 CenturyLink Inc 09/25/2012 | Transaction Assessment 09/25/2012 | E-File Electronic Payment Receipt # EP27C-2012-12420 CenturyLink Inc Plaintiff Guava LLC Total Financial Assessment Total Payments and Credits Balance Due as of 11/29/2012 08/20/2012] Transaction Assessment 08/21/2012] Mail Payment Receipt # 1227-201 2-19301 09/27/2012 | Transaction Assessment 09/27/2012 | E-File Electronic Payment Receipt # EP27C-2012-12743 09/28/2012 | Transaction Assessment 09/28/2012 | E-File Electronic Payment Receipt # EP27C-2012-12816 Guava LLC Prenda Law Inc Guava LLC ’a.courts.state.mn.us /CaseDetail.aspx?CaselD= 1615554847 Lead Attomeys DAVID EARLE CAMAROTTO Retained 612-333-3000(W) MICHAEL KEVIN DUGAS Retained 312-880-9160 422.00 422.00 0.00 322.00 (322.00) 100.00 (100.00) (100.00)