Case 2:14-cv-00603-JFW-FFM Document 36 Filed 05/01/14 Page 1 of 15 Page ID #:296 1 2 3 4 5 6 7 MARTIN D. SINGER, ESQ. (BAR NO. 78166) EVAN N. SPIEGEL, ESQ. (BAR NO. 198071) HENRY L. SELF III, ESQ. (BAR NO. 223153) LAVELY & SINGER PROFESSIONAL CORPORATION 2049 Century Park East, Suite 2400 Los Angeles, California 90067-2906 Telephone: (310) 556-3501 Facsimile: (310) 556-3615 E-Mail: mdsinger@lavelysinger.com espiegel@lavelysinger.com Attorneys for Plaintiff Quentin Tarantino 8 UNITED STATES DISTRICT COURT 9 FOR THE CENTRAL DISTRICT OF CALIFORNIA 10 WESTERN DIVISION 11 12 QUENTIN TARANTINO, an individual; 13 Plaintiff, 14 15 16 v. GAWKER MEDIA, LLC, a/k/a Gawker Media, a Delaware corporation, 17 Defendant. 18 19 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. 14-CV-00603-JFW [HON. JOHN F. WALTER] FIRST AMENDED COMPLAINT FOR: 1. COPYRIGHT INFRINGEMENT (DIRECT AND CONTRIBUTORY ) [JURY TRIAL DEMANDED] 20 21 22 23 24 25 26 /// 27 /// 28 /// 4417-7\Ple\COM-AMEND1 032914 1 FIRST AMENDED COMPLAINT Case 2:14-cv-00603-JFW-FFM Document 36 Filed 05/01/14 Page 2 of 15 Page ID #:297 1 Plaintiff Quentin Tarantino (“Plaintiff” and/or “Tarantino”), alleges: 2 THE NATURE OF THIS ACTION 3 1. This action is necessitated by Gawker’s blatant both direct and 4 contributory copyright infringement. 5 infringement by their unauthorized download of a PDF copy of the leaked 6 unreleased complete screenplay for Quentin Tarantino's motion picture The Hateful 7 Eight (the "Screenplay"). 8 infringement, both by their solicitation for its readers to violate copyright and “leak 9 the script to us,” and, after obtaining the unauthorized Screenplay in response to 10 their initial contributory infringement solicitation, by their promotion, aiding and 11 abetting 12 unauthorized downloadable PDF copies of the leaked Screenplay. 13 2. Gawker engaged in direct copyright Gawker also engaged in contributory copyright and materially contributing to the dissemination to third-parties of Gawker has made a business of predatory journalism, violating people’s 14 rights to make a buck. This time they went too far. Rather than merely publishing 15 a news story reporting that Plaintiff’s screenplay may have been circulating within 16 certain limited Hollywood circles without his permission, Gawker crossed the 17 journalistic line, first by requesting that a reader “leak” an infringing copy directly 18 to Gawker, then second, after obtaining a link to and itself directly downloading an 19 infringing PDF copy, and then third, by promoting itself to the public as the first 20 source to download and read the entire Screenplay illegally and directing the public 21 to do so. 22 3. After Gawker caused one of its readers to “leak” an infringing copy to 23 Gawker, and obtained an infringing copy, Gawker posted an article with aheadline 24 that boasts “Here Is the Leaked Quentin Tarantino Hateful Eight Script” – 25 “Here,” not someplace else, but “Here” on the Gawker website. The article then 26 contains multiple direct links for downloading the entire Screenplay through a 27 conveniently anonymous URL by simply clicking button-links on the Gawker page, 28 and brazenly encourages Gawker visitors to obtain and read the Screenplay illegally 4417-7\Ple\COM-AMEND1 032914 2 FIRST AMENDED COMPLAINT Case 2:14-cv-00603-JFW-FFM Document 36 Filed 05/01/14 Page 3 of 15 Page ID #:298 1 with the invitation to “Enjoy!” it. There was nothing newsworthy or journalistic 2 about Gawker itself directly infringing copyright, nor facilitating, encouraging and 3 directly inducing the public’s violation of Plaintiff’s copyright in the Screenplay, and 4 it’s conduct will not shield Gawker from liability for their unlawful activity. 5 4. Notwithstanding repeat demands for the removal of the posted URL 6 links for direct downloading of the unlawfully posted script, including submissions 7 of DMCA notices of copyright infringement, Gawker failed and expressly refused 8 to remove their directions to and URL links to get the infringing materials. Gawker 9 knowingly and actively acted as a promoter of copyright pirates, and, itself, did 10 directly cause, induce, contribute to, enable and materially facilitate copyright 11 infringement. The reason for the Copyright Act is to protect against the Gawker’s 12 conduct. 13 5. This is an action to obtain redress for Gawker’s, and their co- 14 conspirators’, blatant violation of Tarantino’s copyrighted work, among other 15 calculated wrongful and tortious conduct. JURISDICTION & VENUE 16 17 6. This action is brought, and exclusive subject matter jurisdiction lies 18 within this Court upon multiple grounds, including pursuant to the United States 19 Copyright Act, 17 U.S.C. Sections 101 et seq., based on acts of copyright 20 infringement committed in the United States (28 U.S.C. §§ 1331 and 1338(a)). This 21 Court has federal question jurisdiction over this matter pursuant to 28 U.S.C. § 22 1338(a), and pursuant to 17 U.S.C. § 410(d) and § 411. 23 7. Venue lies within this District pursuant to 28 U.S.C. §1400, and is also 24 proper in this District pursuant to 28 U.S.C. § 1391 (b) and (c) because Defendants, 25 and each of them, are subject to personal jurisdiction in this District as a substantial 26 part of the events or omissions giving rise to the claims herein occurred in this 27 District. This Court also has jurisdiction and venue of this action under 15 U.S.C. 28 §1125 et seq., 28 U.S.C. §§1331, 1338(a) and (b). Some of the key acts giving rise 4417-7\Ple\COM-AMEND1 032914 3 FIRST AMENDED COMPLAINT Case 2:14-cv-00603-JFW-FFM Document 36 Filed 05/01/14 Page 4 of 15 Page ID #:299 1 to the claims asserted herein occurred in Los Angeles, California. The amount in 2 controversy includes statutory damages for copyright infringement of up to 3 $150,000 per violation, which Plaintiff sustained in the County of Los Angeles. 4 FACTS COMMON TO ALL CLAIMS FOR RELIEF 5 THE PARTIES 6 8. Plaintiff Quentin Tarantino (“Plaintiff” and/or “Tarantino”) is, and 7 at all times relevant hereto was, an individual residing in and who is engaged in and 8 doing business in the County of Los Angeles, State of California. Tarantino is a 9 multiple Oscar winning and nominated writer and director. 10 9. Defendant Gawker Media, LLC, also know as (a/k/a) and doing 11 business as (d/b/a) Gawker Media (“Gawker”), is, and at all times relevant hereto 12 was, a limited liability company organized and operating under the laws of the State 13 of Delaware, with its principal place of business in the State of New York, and who 14 is engaged in and doing business and commercial activities in and causing a direct 15 effect in the County of Los Angeles, State of California. 16 PLAINTIFF’S REGISTERED COPYRIGHT 17 18 10. Plaintiff Tarantino wrote a screenplay for a new ensemble western 19 motion picture, titled The Hateful Eight (the “Screenplay”), that he would direct. 20 Plaintiff previously filed for registration of copyright with the United States 21 Copyright Office (“USCO”) for the subject work, the Screenplay, as a “motion 22 picture screenplay” literary textual work under the title “The Hateful Eight,” 23 pursuant to USCO Claim ID Number 1-JAFORJ, and Registration Number PAu 24 3-704-198. Said copyright registration application has been fully completed and was 25 submitted, effective as of January 23, 2014 at 3:19:26 PM ET, including with full 26 payment tendered of the service fee and deposit of the subject material -- all prior 27 to the infringements set forth herein. 28 4417-7\Ple\COM-AMEND1 032914 4 FIRST AMENDED COMPLAINT Case 2:14-cv-00603-JFW-FFM Document 36 Filed 05/01/14 Page 5 of 15 Page ID #:300 BACKGROUND AND NATURE OF THIS ACTION 1 2 11. On or about January 21, 2014, Plaintiff discovered that a copy of his 3 Screenplay had, without his knowledge or authorization, been copied without his 4 permission and leaked, albeit only in a limited manner within certain Hollywood 5 circles (i.e., online search engine searches for a copy of the script, through January 6 23, did not have any positive results, nor were there any publicly known or reported 7 copies available). After learning of the leak, Plaintiff decided to postpone working 8 on the movie, and stated publicly -- in an interview that was widely reported in the 9 media -- that he intended to publish it as a literary work. Plaintiff routinely 10 publishes his final versions of his screenplays for substantial advances and royalties. 11 12. Seizing upon this information, Gawker — itself admittedly unable to lay 12 hands on the confidential Screenplay, which was at that point not publicly available 13 anywhere on the Internet nor outside of certain very limited Hollywood circles — 14 publicly solicited its purported 47 million monthly United States readers to infringe 15 Tarantino’s copyright, asking and inducing anyone to leak and provide Gawker with 16 an unauthorized infringing copy of the Screenplay. Specifically, on January 22, 17 2014 at 10:37 AM ET, Gawker posted an article on the “Defamer” section of its 18 Gawker 19 throws-temper-tantrum-after-script-le-1506541036> (Gawker’s “January 22nd 20 Article”) -- about the leaked script and about Plaintiff’s public statements on the 21 matter. In Gawker’s January 22nd Article, Gawker actively solicited and induced 22 its readers to infringe Tarantino’s copyright, and to provide it with an unauthorized 23 infringing copy of the Screenplay, stating “if anyone would like to ... leak the 24 script to us, please do so at [gawker email address].” 25 13. Website -- at (the “Screenplay 5 Download URL”). 14. 6 The AnonFiles Website, operated by a person currently referred to as 7 DOE-1, is a file storage site that allows a user to upload an individual file to the 8 storage site, and, upon uploading the file, receive a secret private URL at which the 9 user can later retrieve and download the file and/or share the URL link to allow 10 another person to download the file via a “download” button on the page at the 11 particular secret private URL. The AnonFiles Website is not a searchable site nor 12 do any files nor any pages have tags, terms or content locateable by the public, 13 whereby, upon uploading a file, if the uploader does not document/save a copy of 14 his/her secret private auto-generated URL, the file can never again be located and 15 retrieved, whether via the site or any search engine. 15. 16 An unidentified direct copyright infringer, referred to as Doe- 17 FileUploader 2, uploaded an unauthorized full copy of the Screenplay to the 18 AnonFiles Website. The copying of, use, reproduction, distribution, display, 19 transmission and/or dissemination of copies of the Screenplay and any physical 20 embodiment thereof, uploaded to the AnonFiles Website, is unauthorized, and 21 constitutes an infringement of Plaintiff's rights, including of the Screenplay 22 copyright, and violation of copyright law. The AnonFiles Website and its user 23 involved in the upload of the Screenplay to the AnonFiles Website have infringed 24 Plaintiff's exclusive copyright in and to the Screenplay directly and indirectly by 25 use, reproduction, display, transmission and/or dissemination of the copyrighted 26 work, causing the copyrighted work to be copied and distributed, all without the 27 consent of Plaintiff. 28 /// 4417-7\Ple\COM-AMEND1 032914 6 FIRST AMENDED COMPLAINT Case 2:14-cv-00603-JFW-FFM Document 36 Filed 05/01/14 Page 7 of 15 Page ID #:302 16. 1 The copy of the Screenplay was stored on AnonFiles.com only in the 2 popular portable document format ("PDF") file format, and then only available 3 pursuant to a file “download” button, which by its very nature cannot simply be 4 viewed on a computer’s screen without first being completely downloaded through 5 the Internet to an individual’s computer. Anyone who sought to read or obtain the 6 Screenplay from the Screenplay Download URL necessarily had to first download 7 a PDF copy of the work onto their own computer. 17. 8 On January 23, 2014, after Gawker obtained the Screenplay Download 9 URL in response to its request for leak of an unauthorized infringing copy of the 10 Screenplay, Gawker itself illegally downloaded to its computers an unauthorized 11 infringing PDF copy of the Screenplay -- read it and learned that the PDF download 12 document was 146 pages -- directly infringing Tarantino’s copyright. 18. 13 Immediately thereafter, on January 23, 2014 at 4:50 PM ET, with full 14 knowledge that the Screenplay Download URL was to an unauthorized PDF copy 15 of Tarantino’s unreleased copyrighted script, Gawker fabricated a “story” that the 16 script had been made publicly available online so that Gawker could then trumpet 17 to the world and begin promoting itself as the very first source for the public to be 18 able to obtain the entire Screenplay. Gawker posted an article on its Gawker 19 Website 20 are-plot-details-from-quentin-tarantinos-leaked-1507675261> (Gawker’s “January 21 23rd Article”) -- with direct URL click-through links for the transmission and 22 downloading of the complete Screenplay at the Screenplay Download URL. In its 23 January 23rd Article, titled “Here Is the Leaked Quentin Tarantino Hateful Eight 24 Script”, Gawker posted an otherwise private in-line hyperlink to the obscure private 25 file hosting website AnonFiles.com, where an illegal PDF pirated copy of the 26 Screenplay was otherwise privately stored. 27 /// 28 /// 4417-7\Ple\COM-AMEND1 032914 -- at