LATHAMGIWATKINS AT Law Los ANGELES 2 355 South Grand LATHAM WATKINS LLP Daniel Scott Schecter (Bar No. 171472) daniel.schecter lw.c0m Robert J. Ellison Bar No. "274374) r0bert.ellison Zw. com venue Los Angeles, California 90071-1560 Telephone: +1.213.485.1234 FaCSImile: +1.213.891.8763 Attorneys for Petitioner Lucas?lm Ltd. LLC I SUBPOENA TOI GES CORP. VT IN RE: DMCA SECTION 512% 40 2 $33 NFRI i Z?/f RED 1 in!) 0 0 JSC UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA MISCELLANEQUVS NO. ASFILM LTD., RE TO THE CLERK FOR ISSUAN OF SUBPOENA, PURSUANT TO 17 U.S.C. $5120 ALLEGED UEST REQUEST TO THE CLERK FOR ISSUANCE OF DMCA SUBPOENA \7 28 ATTORNEYS A?r Law L05 ANGELE: Petitioner Lucasfilm Ltd. LLC (?Lucasfilm?), through its undersigned counsel of record, hereby requests that the Clerk of this Court issue a subpoena on ImageShack Corp. (?ImageShack?) to identify an alleged infringer or infringers, pursuant to the Digital Millennium COpyright Act l7 U.S.C. 512(h) i' (the Subpoena?). The proposed DMCA Subpoena is attached hereto as Exhibit A. The DMCA Subpoena is directed to ImageShack, the service provider of a site to which the infringing party, identi?ed as ?Darth_Simi?, posted content which infringes copyright rights held by Lucasfilm (the ?Infringing Content?). (See I Declaration of Kevin Clark, ll 2.) Lucas?lm has satis?ed the requirements for issuance of a subpoena pursuant to 17 U.S.C. 512(h), namely: I (1) has submitted a copy of the notification required by 17 U.S.C. 512(c)(3)(A) as Exhibit 1 to the Clark Declaration, submitted concurrently herewith; (2) has submitted the proposed DMCA Subpoena concurrently herewith; and (3) has submitted a sworn declaration confirming that the purpose for which the DMCA Subpoena is sought is to obtain the identity of an alleged infringer or infringers, and that such information will only be used for the purpose of protecting Lucasfilm?s rights under Title 17 U.S.C. Sl2(h)(2). Accordingly, in support of its request for a DMCA Subpoena, submits and attaches: A copy ofthe notification described in 17 U.S.C. 512(c)(3)(A) (see Clark Decl., Ex. A prOposed DMCA Subpoena directed to the service provider (ImageShack) (Ex. A hereto); and ,i 2 REQUEST TO THE CLERK FOR ISSUANCE OF DMCA SUBPOENA 1 A sworn declaration that the purpose for which the DMCA Subpoena 2 is sought is proper under the DMCA. (See Clark Decl., 1] 4.) 3 Because Lucas?lm has complied with the statutory requirements, Lucas?lm 4 respectfully requests that the Clerk expeditiously issue and sign the proposed 5 DMCA Subpoena pursuant to 17 U.S.C. 512(h)(4) and return it to undersigned 6 counsel for service on the subpoena recipient. 7 Dated: January 30, 2015 Respectfully submitted, 8 LATHAM WATKINS LLP 9 10 By 1 1 12 Lucas? LtdREQUEST TO THE CLERK FOR ATTORNEYS Law LOS ANGELES 2 1 LATHAM WATKINS LLP Daniel Scott Schecter (Bar NO. 171472) AN 2 daniel.schecter@lw.com F3 1? Robert J. Ellison (Bar NO. 274374) a 6 r0bert.ellison@lw.com 355 South Grand Avenue "87 Um: 4 ?63 Angeles, Califorma 90071-1560 lephone: +1.213.485.1234 5 Facmmile: +1.213.891.8763 6 Attorneys for Petitioner 7 LuCanilm Ltd. LLC 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA IN RE: DMCA SEC 1 LLAN O. 11 WW 101M 1,1115 ?335$ 9 13mm 12 DECLARATION OF KEVIN CLARK IN SUPPORT OF PETITIONER 13 LUCASFILM LTD. RE UEST FOR ISSUANCE OF SUBPOEN 14 PURSUANT TO 17 U.S.C. ?512 115 TO IDENTIFY ALLEGED INFRIN ERS 31.DECLARATION IN SUPPORT OF ATTORNEYS AT Law REQUEST FOR ISSUANCE OF 512111) SUBPOENA LATHAMHWATK I .2 28 Arronnew Ar L05 ARGELEB DECLARATION OF KEVIN CLARK I, Kevin Clark, declare as follows: 1. I am the Director of Information Technology for Lucasfilm Ltd. LLC (?Lucasfilm?). As part of my duties, I am responsible for monitoring and addressing infringement of copyright rights owned by Lucasfilm and its affiliated companies. 2. I am authorized to act on Lucas?lm?s behalf. I submit this declaration in support of Lucas?lm?s request for issuance to ImageShack, Inc. (?ImageShack?) of a subpoena, pursuant to the Digital Millennium Copyright Act l7 U.S.C. 512(h) (the Subpoena?), to identify an alleged infringer (or infringers) who posted images which infringe copyright rights held by Lucasfilm related to an upcoming motion pictures in the Star Wars franchise, Star Wars Episode VII (the ?Infringing Content?), on systems Operated by ImageShack without Lucasfilm?s authorization. I have personal knowledge of the facts contained herein and, if called upon to do so, I could and would testify competently thereto. 3. On January 30, 2015, Patrick Miller, Paralegal at The Walt Disney Company (the parent of Lucasfilm), submitted on behalf of Lucas?lm a notification, via ImageShack?s online DMCA notification form (which can be accessed via the hyperlink identifying the Infringing Content on ImageShack?s system and providing the information required by 17 U.S.C. Attached hereto as Exhibit 1 is a copy of the information submitted through ImageShack?s online form. Mr. Miller was authorized to act on behalf of Lucas?lm in submitting this notification. 4. The purpose for which the DMCA Subpoena is sought is to obtain the identity of an alleged infringer (or infringers) and such information will only be used for the purpose of protecting Lucas?lm?s rights under title 17 U.S.C. 100, et seq. DECLARATION IN SUPPORT OF 1 REQUEST FOR ISSUANCE OF 512(h) SUBPOENA p?a I declare under penalty of perjury under the laws of the State of California and United States of America that the foregoing is true and correct. Executed on January 30, 2015 at San Francisco, Californ' Kevin Clark omuamgmm v?nr?t'r?tv?nr?t #mNh-?O 28 1.m3929431 .2 DECLARATION IN SUPPORT OF Mummers Ar LmnI Exhibit 1 From: SharePgint Premium on behalf of Intgmet Enforcement To: Intemet?nfotcement Cc: Subject: imageshack.corn Infringing Content [Notice ID: 39985] (PM) Date: Friday, January 30, 2015 1:21:25 PM Importance: High Friday, January 30, 2015 Notice 10:39985 Via Contact Form imageshackcom Re: Unauthorized Use of Copyrighted and/or Trademark Properties To Whom It May Concern: I believe the information in this notification to be accurate and state under penalty of peijury that I am authorized to act on behalf of the owner of exclusive rights. I am sending this notice on the basis of a good faith belief that the pages identified below include infringing material and/or links to infringing material that are not authorized by the copyright owner, its agents, or the law. This access was present on Friday, January 30, 2015. Please act expeditiously to remove or disable all access to the infringing materials described below and confirm by return e-mail when the infringing content has been removed. Lucasfilm Ltd. LLC ("Lucasfilm") Visual works, including without limitation, Star Wars Episode VII Costume Design and Photograph Star Wars Episode VII Costume Design and Photograph Should you have any questions, please contact: Lance R. Grif?n Principal Counsel The Walt Disney Company 500 S. Buena Vista Street Burbank, CA 91521-0641 Telephone: (818) 560?1000 Facsimile: (818) 841-1329 e-mail: This letter is not a complete statement of Lucas?lm's rights in connection with this a. matter, and nothing contained herein constitutes an express or implied waiver of any rights, remedies, or defenses of Lucasfilm in connection with this matter, all of which are expressly reserved. Very truly yours, Patrick Miller Patrick Miller Antipiracy Paralegal The Walt Disney Company 500 S. Buena Vista Street Burbank, CA 91521-0641 PROOF OF SERVICE I am a resident ofthe State ofCalifomia, over the age ofeighteen years, and not a party to the within action. My business address is Latham Watkins LLP, 355 South Grand Avenue, Los Angeles, CA 90071?1560. On January 30, 2015, I served the following documents described as: DECLARATION OF KEVIN CLARK IN SUPPORT OF PETITIONER LUCASFILM LTD., REQUEST FOR ISSUANCE OF SUBPOENA, PURSUANT TO 17 U.S.C. IDENTIFY ALLEGED INFRINGERS in the following manner: BY US. MAIL I am familiar with the office practice of Latham Watkins LLP for collecting and processing documents for mailing with the United States Postal Service. Under that practice, documents are deposited with the Latham Watkins LLP personnel responsible for depositing documents with the United States Postal Service; such documents are delivered to the United States Postal Service on that same day in the ordinary course of business, with postage thereon fully prepaid. I deposited in Latham Watkins interoffice mail a sealed envelope or package containing the above-described document and addressed as set forth below in accordance with the of?ce practice of Latham Watkins LLP for collecting and processing documents for mailing with the United States Postal Service: lmageShack Corp. 236 N. Santa Cruz Ave., Suite 100 Los Gatos, CA 95030 I affirm that I am employed in the of?ce ofa member ofthe Bar of, or permitted to practice before, this Court at whose direction the service was made and affirm under penalty of perjury under the laws ofthe State of California that the foregoing is true and correct. Executed on January 30, 2015, at Los Angeles, California. 1