Case 2:15-cv-03147 Document 1 Filed 04/28/15 Page 1 of 41 Page ID #:1 1 2 3 4 5 6 7 8 9 10 11 KILPATRICK TOWNSEND & STOCKTON LLP LARRY W. McFARLAND (State Bar No. 129668) lmcfarland@ kilpatricktownsend.com DENNIS L. WILSON (State Bar No. 155407) DWilson@kilpatricktownsend.com DAVID K. CAPLAN (State Bar No. 181174) dcaplan@kilpatricktownsend.com CHRISTOPHER T. VARAS (State Bar No. 257080) CVaras@kilpatricktownsend.com 9720 Wilshire Blvd PH Beverly Hills, CA 90212-2018 Telephone: 310-248-3830 Facsimile: 310-860-0363 Attorneys for Plaintiffs SHOWTIME NETWORKS INC., HOME BOX OFFICE, INC., MAYWEATHER PROMOTIONS, LLC, and TOP RANK, INC. 12 UNITED STATES DISTRICT COURT 13 FOR THE CENTRAL DISTRICT OF CALIFORNIA 14 WESTERN DIVISION 15 16 17 SHOWTIME NETWORKS INC., HOME BOX OFFICE, INC., MAYWEATHER PROMOTIONS, LLC and TOP RANK, INC. Plaintiffs, 18 19 20 21 22 v. JOHN DOE 1 d/b/a boxinghd.net, JOHN DOE 2 d/b/a sportship.org and d/b/a “Carlo Magno”, and JOHN DOES 3-10 inclusive, Defendants. 23 24 25 CASE NO. 2:15-CV-03147 COMPLAINT FOR: (1) DIRECT FEDERAL COPYRIGHT INFRINGEMENT (17 U.S.C. §§ 411(c), 501, et seq.); (2) CONTRIBUTORY FEDERAL COPYRIGHT INFRINGEMENT (17 U.S.C. §§ 411(c), 501, et seq.); (3) VICARIOUS FEDERAL COPYRIGHT INFRINGEMENT (17 U.S.C. §§ 411(c), 501, et seq.); 26 27 28 COMPLAINT -1- Case 2:15-cv-03147 Document 1 Filed 04/28/15 Page 2 of 41 Page ID #:2 1 Plaintiffs Showtime Networks Inc., Home Box Office, Inc., Mayweather 2 Promotions, LLC and Top Rank, Inc. (collectively, “Plaintiffs”), complaining of 3 defendants John Doe 1 d/b/a boxinghd.net, John Doe 2 d/b/a sportship.org and d/b/a 4 “Carlo Magno”, and John Does 3 through 10 inclusive (collectively, “Defendants”), 5 allege as follows: JURISDICTION AND VENUE 6 7 8 9 10 1. This lawsuit arises from Defendants’ anticipated knowing and intentional violation of the federal Copyright Act (17 U.S.C. §§ 101, et seq.). 2. This Court has subject matter jurisdiction pursuant to 17 U.S.C. §§ 411(c) and 501, and pursuant to 28 U.S.C. § 1331, and § 1338(a). 11 3. Venue in this district is proper pursuant to 28 U.S.C. § 1391. 12 4. Plaintiffs are informed and believe and on that basis allege that personal 13 jurisdiction in this District is proper because each Defendant, without consent or 14 permission of Plaintiffs, is offering and intends to distribute over the Internet 15 copyrighted works for which Plaintiffs will jointly own certain exclusive rights 16 granted by the Copyright Act when those works are fixed in a tangible medium of 17 expression simultaneously with their first transmission. On information and belief, 18 such unlawful distribution is expected to occur in every jurisdiction in the United 19 States, including this one. 20 5. In addition, Plaintiffs are also informed and believe and on that basis 21 allege that Defendants are deliberately exploiting the California market for profit and 22 have entered into one or more contracts with California companies for services that 23 are necessary to keep the websites at issue in this complaint operating. THE PARTIES 24 25 6. Plaintiff Showtime Networks Inc. (“Showtime”) is a company 26 organized and existing under the laws of Delaware, having its principal place of 27 business at 1633 Broadway, 16th Floor, New York, New York 10019. 28 7. COMPLAINT Plaintiff Home Box Office, Inc. (“HBO”) is a company organized and -2- Case 2:15-cv-03147 Document 1 Filed 04/28/15 Page 3 of 41 Page ID #:3 1 existing under the laws of Delaware, having its principal place of business at 1100 2 Avenue of the Americas, New York, New York 10036. 3 8. Plaintiff Mayweather Promotions, LLC (“Mayweather”) is a limited 4 liability company organized and existing under the laws of Nevada, having its 5 principal place of business at 4616 West Sahara Avenue, #290, Las Vegas, Nevada 6 89102. 7 9. Plaintiff Top Rank, Inc. (“Top Rank”) is a corporation organized and 8 existing under the laws of Nevada, having its principal place of business at 748 Pilot 9 Road, Las Vegas, Nevada 89119. 10 10. Plaintiffs are currently unaware of the identities of Defendants John 11 Doe 1 d/b/a boxinghd.net and John Doe 2 d/b/a sportship.org and d/b/a “Carlo 12 Magno”, and John Does 3-10, who are, on information and believe, assisting 13 Defendants John Doe 1 and John Doe 2 in the unauthorized live Internet stream of 14 the Coverage (as defined in Paragraph 13, infra), and therefore sue these Defendants 15 by such fictitious acronyms. 16 17 PLAINTIFFS’ RIGHTS AND DEFENDANTS’ UNLAWFUL CONDUCT 11. This action relates to the coverage of the long-awaited championship 18 boxing match between the legendary boxers Floyd Mayweather, Jr. and Manny 19 Pacquiao, which will occur on Saturday, May 2, 2015, at the MGM Grand Garden 20 Arena in Las Vegas, Nevada (the “Fight”). 21 12. The Fight will be fixed as an audiovisual recording by a single 22 authorized camera and production crew at the same time it is being transmitted live 23 to consumers throughout the world via licensed pay per view access. 24 13. In the United States, the live transmission and/or performance will be 25 jointly produced exclusively by plaintiffs HBO and Showtime. The live 26 transmission and/or performance of the Fight and the preceding undercard bouts are 27 referred to in this Complaint as the “Coverage.” 28 14. COMPLAINT Plaintiffs will be joint authors and joint owners of the copyright in the -3- Case 2:15-cv-03147 Document 1 Filed 04/28/15 Page 4 of 41 Page ID #:4 1 Coverage and as such have the exclusive rights to, among other things, reproduce 2 and transmit the Coverage within the United States and elsewhere. 3 4 5 15. Plaintiffs intend to register the copyright in the Coverage, as joint authors, within three months after May 2, 2015. 16. Consumers in the United States will be able to purchase licensed live 6 pay-per-view television access to the Coverage through authorized pay-per-view 7 providers beginning at approximately 9:00 p.m. Eastern Time on May 2, 2015 with 8 two undercard bouts and then the Fight itself, continuing until the Fight’s 9 conclusion. 10 17. Consumers in the United States can purchase live pay-per-view 11 television access to the Coverage from authorized pay-per-view providers in the 12 range of $89.00 - $100.00. 13 14 15 16 17 18. There are no authorized online streams of the Coverage for delivery to United States audiences. 19. The Defendants are seeking to benefit from this high profile, live Fight by infringing the rights of Plaintiffs. 20. Plaintiffs have become aware that Defendants are using the websites 18 and to advertise an unauthorized live Internet 19 stream of the Coverage in California and elsewhere. 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// COMPLAINT -4- Case 2:15-cv-03147 Document 1 Filed 04/28/15 Page 5 of 41 Page ID #:5 1 21. As of the date of this writing, the home page of bears 2 the title “Watch Mayweather vs Pacquiao Online Free” and features the embedded 3 graphic shown below: 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 The home page also states: “[I]f you can’t afford to buy tickets then simply watch 19 Mayweather vs Pacquiao here. We will provide with nothing but the freshest and the 20 most reliable high quality live links.” A true and correct printout of the entire home 21 page of , printed on April 21, 2015, is attached as Exhibit A. 22 22. The home page also includes a tab for “Mayweather vs 23 Pacquiao Live Streaming.” See Exhibit A. Clicking on this tab takes the user to the 24 page , bearing the same 25 title as the tab, and including, among other things, the following question and 26 answer: “Where to Watch Mayweather vs. Pacquiao Live Streaming? . . . The fight . 27 . .will be aired via a joint pay per view by HBO and Showtime. However, there are 28 lots of alternatives that you can watch the fight live. . . . [Y]ou can watch it live at COMPLAINT -5- Case 2:15-cv-03147 Document 1 Filed 04/28/15 Page 6 of 41 Page ID #:6 1 home via live streaming. You can watch the full fight via live stream in this website. 2 The live streaming will commence when the fight starts.” A true and correct 3 printout of this page, printed on April 22, 2015, is attached as Exhibit B. 4 23. As of April 22, 2015, the < boxinghd.net/mayweather-vs-pacquiao- 5 live-streaming > page included a “thoughts” section with comments from visitors to 6 the site, including the following: “Hello, nice to see such site being put up just for us 7 to at least see Pacquiao fight again. Got one slot already for the free live streaming. 8 Thanks a lot.” See Exhibit B. 9 24. Clicking on the video screen or the “Start Watching!” link on the home 10 page takes the user to the page , which includes an 11 embedded video screen and the title “MAYWEATHER VS PACQUIAO LIVE 12 STREAMING ONLINE.” A true and correct printout of this page, printed on April 13 22, 2015, is attached as Exhibit C. 14 25. The page also includes footers which read 15 “Proudly Powered By: Free PPV Online” and “© 2015 Mayweather vs. Pacquiao 16 Live Streaming. All Rights Reserved.” See Exhibit C. Both the title 17 “MAYWEATHER VS PACQUIAO LIVE STREAMING ONLINE” and the “© 18 2015 Mayweather vs. Pacquiao Live Streaming” portion of the footer are 19 hyperlinks. 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// COMPLAINT -6- Case 2:15-cv-03147 Document 1 Filed 04/28/15 Page 7 of 41 Page ID #:7 1 2 26. Clicking on either hyperlink takes the user to the site , which appeared as shown below as of April 21, 2015: 3 4 5 6 7 8 9 10 11 12 13 14 15 16 27. As of April 22, 2015, appeared as shown below: 17 18 19 20 21 22 23 24 25 26 27 28 COMPLAINT -7- Case 2:15-cv-03147 Document 1 Filed 04/28/15 Page 8 of 41 Page ID #:8 1 True and correct printouts of this page, printed on April 21 and April 22, 2015, are 2 attached as Exhibit D. 3 28. In order to gain access to the stream, users must click through one or 4 more “offers” that promote the goods and services of third parties. Plaintiffs are 5 informed and believe that Defendants use these advertisements to monetize their 6 websites. 7 29. As of April 22, 2015, the page included a comments 8 section with the following comments: “I go for Mayweather. I want to see the fight 9 online. Thanks for the free access. #ExcitedHere” and “I am excited to watch the 10 11 fight for free! Thanks for the link.” See Exhibit D. 30. In sum, the only content on Defendants’ websites promotes and/or 12 monetizes their intention to infringe Plaintiffs’ rights by streaming the Coverage 13 without authorization. 14 31. Plaintiffs are informed and believe and on that basis allege that 15 Defendants John Doe 1 and John Doe 2 jointly own and/or operate both 16 and , and that Defendants John Does 3-10 are 17 assisting Defendants John Doe 1 and John Doe 2 in the unauthorized live Internet 18 stream of the Coverage. 19 20 21 32. Plaintiffs have not authorized anyone to stream the Coverage on or on . 33. Plaintiffs are informed and believe and on that basis allege that 22 Defendants intend to acquire the infringing stream from one or more third parties 23 who intend to stream the Coverage without authorization. 24 34. Plaintiffs are informed and believe and on that basis allege that 25 Defendants know or have reason to know that one or more third parties will obtain 26 the infringing stream from their websites and will redistribute it through other 27 websites. 28 35. COMPLAINT Plaintiffs are informed and believe and on that basis allege that -8- Case 2:15-cv-03147 Document 1 Filed 04/28/15 Page 9 of 41 Page ID #:9 1 Defendants have a long history of promoting infringing streams of copyrighted 2 broadcasts of boxing matches. Archives of reveal that Defendants 3 have promoted streams of several other fights, including but not limited to the May 4 4, 2013 fight between Floyd Mayweather, Jr. and Robert Guerrero and the July 12, 5 2014 fight between Erislandy Lara and Canelo Alvarez. Neither of these fights were 6 authorized to be streamed live on or anywhere else in the United 7 States. 8 36. Defendants’ anticipated infringement will cause Plaintiffs severe and 9 irreparable harm. 10 37. In distributing the Coverage and/or aiding the distribution of the 11 Coverage through unauthorized channels, Defendants will unlawfully usurp the 12 benefits of the exclusive rights of reproduction, public performance and distribution, 13 among other rights, conveyed to Plaintiffs by the Copyright Act. 14 38. Defendants’ anticipated unlawful distribution will impair the 15 marketability and profitability of the Coverage, and interfere with Plaintiffs’ own 16 authorized distribution of the Coverage, because Defendants will provide consumers 17 with an opportunity to view the Coverage in its entirety for free rather than paying 18 for the Coverage provided through Plaintiffs’ authorized channels. This is 19 especially true where, as here, the work at issue is live Coverage of a one-time live 20 sporting event whose outcome is unknown. 21 39. Defendants’ unauthorized stream also threatens to irreparably harm 22 Plaintiffs’ relationships with consumers, as well as with Plaintiffs’ authorized 23 television carriers, who rely on consumer purchases of access to the Coverage. 24 40. Plaintiffs’ relationships with their authorized pay-per-view providers 25 and with consumers depend on Plaintiffs’ ability to control when, where and under 26 what conditions the Coverage is distributed. Defendants, through their anticipated 27 infringing conduct, undermine those relationships. 28 41. COMPLAINT Defendants’ infringing stream also threatens to damage Plaintiffs’ -9- Case 2:15-cv-03147 Document 1 Filed 04/28/15 Page 10 of 41 Page ID #:10 1 reputation with consumers, as Plaintiffs cannot exercise any quality control over 2 Defendants’ stream, which may be of inferior quality, subject to technical problems, 3 and may suffer from other quality problems that consumers will mistakenly 4 associate with Plaintiffs. 5 42. In sum, Defendants’ anticipated infringement not only denies Plaintiffs 6 the benefits of their exclusive rights in the Coverage granted by the Copyright Act, 7 but it threatens to irreparably harm Plaintiffs’ valuable relationships with their 8 authorized television carriers and with consumers. 9 43. These harms cannot be adequately compensated by monetary damages. 10 44. Defendants have taken steps to conceal their true identities, locations 11 and contact information from Plaintiffs and from the public. Neither 12 nor contains any contact information for 13 Defendants. 14 45. Defendants have also concealed their true identities and locations in the 15 public Whois database, which contains (unverified) name and contact information 16 used to register Defendants’ Internet domain names. 17 46. The registrant information for is concealed by a 18 privacy protection service that prevents Plaintiffs from learning what name and 19 address information Defendants used to register the domain name. The privacy 20 protection service, which is located in Panama, replaces Defendants’ contact 21 information with its own name and address, and provides an anonymous email 22 address that does not belong to Defendants, but on information and belief, relays 23 email messages to an email address owned and controlled by Defendants. 24 47. The registrant information for includes the unverified 25 name “Carlo Magno”, an incomplete (and likely misleading) postal address and an 26 invalid phone number, along with the email address analouintegral@gmail.com. 27 28 48. Plaintiffs retained a private investigator who has tried diligently to locate additional information about Defendants’ identities or locations but has been COMPLAINT - 10 - Case 2:15-cv-03147 Document 1 Filed 04/28/15 Page 11 of 41 Page ID #:11 1 unsuccessful. 49. 2 The only other contact information that Plaintiffs have located that 3 relates to Defendants is based on a link titled “DMCA” in the footer the of 4 website. Clicking on that link directs users to submit claims of 5 copyright infringement to the email address dmca@gotlinks.co. 50. 6 GotLinks.co is a website that appears to be operated by a third party 7 called CPAlead, LLC (“CPAlead”), which claims to help its customers monetize 8 their websites through social media sharing and driving user traffic from one 9 customer’s site to another’s. 51. 10 11 Plaintiffs do not currently have reason to believe that CPAlead is involved in, or even necessarily aware of, Defendants’ infringing conduct. 52. 12 Plaintiffs served Defendants with an Advance Notice of Potential 13 Infringement pursuant to 37 C.F.R. § 201.22 on April 25, 2015 (the “Notice”). A 14 true and correct copy of the Notice is attached hereto as Exhibit E. 53. 15 In the Notice, Plaintiffs advised Defendants of Plaintiffs’ rights and 16 demanded that Defendants: 1) remove all references to streaming the Coverage; and 17 2) provide written assurance that they would not stream the Coverage. See Exhibit 18 E. 19 20 21 54. Plaintiffs gave Defendants forty-eight hours to comply with these demands. See Exhibit E. 55. Plaintiffs served the Notice on Defendants by email to the anonymous 22 “privacy protection” email address that is publicly available for and 23 the analouintegral@gmail.com email address used to register . 24 Plaintiffs also sent the Notice via international overnight delivery to Defendants care 25 of the Panamanian privacy protection service used to mask the registrant 26 information for . 27 28 56. Out of an abundance of caution, Plaintiffs also served the Notice on Defendants care of CPAlead by email and by overnight delivery. COMPLAINT - 11 - Case 2:15-cv-03147 Document 1 Filed 04/28/15 Page 12 of 41 Page ID #:12 1 57. In sum, Plaintiffs are informed and believe and on that basis allege that 2 they served Defendants with the Notice at every publicly-available physical address 3 and email address that is related to Defendants. Plaintiffs have received 4 confirmation that all copies of the Notice were delivered. 5 58. As of the date of this filing, Plaintiffs have not received any response to 6 the Notice from any of Defendants. Both and 7 continue to advertise and promote the infringing streams. 8 9 10 11 59. Based on the foregoing allegations, Plaintiffs are informed and believe that Defendants are on actual notice of Plaintiffs’ rights but nevertheless intend to proceed with their unauthorized and infringing live stream of the Coverage. 60. Defendants’ anticipated stream of the Coverage will infringe, without 12 limitation, Plaintiffs’ exclusive rights of reproduction, distribution and public 13 performance conveyed by the Copyright Act and will cause Plaintiffs to suffer 14 immediate and irreparable damage. 15 16 61. Plaintiffs now seek immediate assistance from this Court pursuant to 17 U.S.C. § 411(c) and other applicable authority. 17 FIRST CAUSE OF ACTION 18 (Direct Federal Copyright Infringement – Against All Defendants) 19 [17 U.S.C. §§ 411(c) & 501, et seq.] 20 62. Plaintiffs refer to, repeat and reallege all allegations contained in 21 Paragraphs 1 through 61 of this Complaint and incorporate them by reference as 22 though set forth in full. 23 63. At all relevant times, Plaintiffs have jointly owned the exclusive rights 24 to, among other things, reproduce and distribute the Coverage in the United States, 25 including transmitting the Coverage simultaneously as the undercard bouts and the 26 Fight occur live and the Coverage is fixed in a tangible medium of expression. 27 28 64. Plaintiffs will own the copyright in the Coverage immediately upon its fixation in a tangible medium of expression. COMPLAINT - 12 - Case 2:15-cv-03147 Document 1 Filed 04/28/15 Page 13 of 41 Page ID #:13 1 2 3 65. Plaintiffs intend to register the copyright in the Coverage within three months after May 2, 2015. 66. Plaintiffs are informed and believe and on that basis allege that 4 Defendants received the Notice more than forty-eight hours prior to the 5 commencement of the Coverage. 6 67. If not immediately enjoined and restrained, Defendants will willfully, 7 intentionally and knowingly reproduce, distribute and otherwise exploit the 8 Coverage without Plaintiffs’ authorization, consent or approval and in violation of 9 Plaintiffs’ rights under the Copyright Act. 10 68. Plaintiffs are informed and believe and on that basis allege that 11 Defendants, and each of them, are fully aware of Plaintiffs’ rights, and Defendants 12 intend to infringe Plaintiffs’ rights willfully, knowingly and with wanton disregard. 13 69. In the absence of immediate, preliminary and permanent injunctive 14 relief, Defendants’ conduct will cause Plaintiffs irreparable harm for which there is 15 no adequate remedy at law, and will also damage Plaintiffs in an amount which 16 cannot be accurately computed at this time. 17 SECOND CAUSE OF ACTION 18 (Contributory Federal Copyright Infringement – Against All Defendants) 19 [17 U.S.C. §§ 411(c) & 501, et seq.] 20 70. Plaintiffs refer to, repeat and reallege all allegations contained in 21 Paragraphs 1 through 69 of this Complaint and incorporate them by reference as 22 though set forth in full. 23 71. At all relevant times, Plaintiffs have jointly owned the exclusive rights 24 to, among other things, reproduce and distribute the Coverage in the United States, 25 including transmitting the Coverage simultaneously as the undercard bouts and the 26 Fight occur live and the Coverage is fixed in a tangible medium of expression. 27 28 72. Plaintiffs will own the copyright in the Coverage immediately upon its fixation in a tangible medium of expression. COMPLAINT - 13 - Case 2:15-cv-03147 Document 1 Filed 04/28/15 Page 14 of 41 Page ID #:14 1 2 3 73. Plaintiffs intend to register the copyright in the Coverage within three months after May 2, 2015. 74. Plaintiffs are informed and believe and on that basis allege that 4 Defendants received the Notice more than forty-eight hours prior to the 5 commencement of the Coverage. 6 75. Plaintiffs are informed and believe and on that basis allege that 7 Defendants will materially contribute to direct infringement of their rights in the 8 Coverage by others, including without limitation third parties from whom 9 Defendants acquire the infringing stream and third parties who use other websites to 10 redistribute the infringing stream from Defendants’ websites. Each such violation of 11 Plaintiffs’ rights constitutes a separate and distinct act of copyright infringement. 12 76. Defendants will be liable as contributory infringers for each such act of 13 copyright infringement. Defendants have knowledge of this infringement, including 14 without limitation because Plaintiffs notified them that streaming the Coverage 15 infringes their rights. 16 77. Despite being on actual notice that their conduct will infringe 17 Plaintiffs’ rights, Defendants continue to represent to Plaintiffs and to the public that 18 they intend to cause, enable, induce, facilitate and materially contribute to the 19 infringement by providing their users with unauthorized and infringing streams of 20 the Coverage. 21 22 23 78. Through the conduct described above, Defendants will be contributorily liable for the infringement described herein. 79. Plaintiffs are informed and believe and on that basis allege that 24 Defendants, and each of them, are fully aware of Plaintiffs’ rights, and intend to 25 infringe Plaintiffs’ rights willfully, knowingly and with wanton disregard. 26 80. In the absence of immediate, preliminary and permanent injunctive 27 relief, Defendants’ conduct will cause Plaintiffs irreparable harm for which there is 28 no adequate remedy at law, and will also damage Plaintiffs in an amount which COMPLAINT - 14 - Case 2:15-cv-03147 Document 1 Filed 04/28/15 Page 15 of 41 Page ID #:15 1 cannot be accurately computed at this time but will be proven at trial. 2 THIRD CAUSE OF ACTION 3 (Vicarious Federal Copyright Infringement – Against All Defendants) 4 [17 U.S.C. §§ 411(c) & 501, et seq.] 5 81. Plaintiffs refer to, repeat and reallege all allegations contained in 6 Paragraphs 1 through 80 of this Complaint and incorporate them by reference as 7 though set forth in full. 8 82. At all relevant times, Plaintiffs have jointly owned the exclusive rights 9 to, among other things, reproduce and distribute the Coverage in the United States, 10 including transmitting the Coverage simultaneously as the undercard bouts, and the 11 Fight occur live and the Coverage is fixed in a tangible medium of expression. 12 13 14 15 16 83. Plaintiffs will own the copyright in the Coverage immediately upon its fixation in a tangible medium of expression. 84. Plaintiffs intend to register the copyright in the Coverage within three months after May 2, 2015. 85. Plaintiffs are informed and believe and on that basis allege that 17 Defendants received the Notice more than forty-eight hours prior to the 18 commencement of the Coverage. 19 86. Plaintiffs are informed and believe and on that basis allege that third 20 parties will use Defendants’ websites to directly infringe Plaintiffs’ rights in the 21 Coverage, including without limitation by using other websites to redistribute the 22 infringing stream from Defendants’ websites. Each such violation of Plaintiffs’ 23 rights constitutes a separate and distinct act of copyright infringement. 24 87. Defendants will be liable as vicarious infringers for the copyright 25 infringement committed via their websites. At all relevant times, Defendants (i) 26 have had the right and ability to control and/or supervise the infringing conduct of 27 third parties who will redistribute the infringing stream, and on information and 28 belief (ii) have had a direct financial interest in and will benefit financially from, COMPLAINT - 15 - Case 2:15-cv-03147 Document 1 Filed 04/28/15 Page 16 of 41 Page ID #:16 1 such infringing conduct, including without limitation because they have monetized 2 . 3 88. Plaintiffs are informed and believe and on that basis allege that 4 Defendants and each of them have the right and ability to supervise this infringing 5 conduct because, among other things, Defendants operate the websites and exercise 6 direct control over the content that is made available through the websites, and the 7 conditions under which such content can be accessed. 8 9 10 89. Through the conduct described above, Defendants will be vicariously liable for the infringement described herein. 90. Plaintiffs are informed and believe and on that basis allege that 11 Defendants, and each of them, are fully aware of Plaintiffs’ rights, and intend to 12 infringe Plaintiffs’ rights willfully, knowingly, and with wanton disregard. 13 91. In the absence of immediate, preliminary and permanent injunctive 14 relief, Defendants’ conduct will cause Plaintiffs irreparable harm for which there is 15 no adequate remedy at law, and will also damage Plaintiffs in an amount which 16 cannot be accurately computed at this time but will be proven at trial. REQUEST FOR RELIEF 17 WHEREFORE, Plaintiffs request that the Court: 18 19 20 21 1. Enter judgment for Plaintiffs and enter a temporary restraining order, preliminary injunction and permanent injunction: a. Prohibiting Defendants and each of them, including without limitation 22 their agents, servants, employees, officers, attorneys, successors, 23 licensees, partners, and assigns and all those acting in active concert or 24 participation with any of them, including any and all service providers 25 from: 26 i. hosting, linking to, distributing, reproducing, performing, selling, 27 offering for sale, making available for download, streaming or 28 making any other use of the Coverage or any portion thereof; COMPLAINT - 16 - Case 2:15-cv-03147 Document 1 Filed 04/28/15 Page 17 of 41 Page ID #:17 ii. taking any action that induces, causes or materially contributes to 1 2 the direct infringement of Plaintiffs’ rights in the Coverage by any 3 third party, including without limitation hosting, linking to, 4 distributing, reproducing, performing, selling, offering for sale, 5 making available for download, streaming or making any other 6 use of the Coverage or any portion thereof; iii. otherwise infringing Plaintiffs’ rights in any manner, whether 7 8 directly, contributorily, vicariously or in any other way; and 9 iv. transferring or performing any function that results in the transfer 10 of the registration of the domain names or 11 to any other registrant or registrar. 12 b. Ordering that upon receipt of the Court’s order, beginning no later than 13 8:45 p.m. Eastern Time on May 2, 2015 and continuing until no earlier 14 than 6:00 a.m. Eastern Time on May 3, 2015, all service providers 15 whose services will enable or facilitate Defendants’ anticipated 16 infringement are ordered to suspend all services with respect to 17 Defendants’ Infringing Websites, including all registrars, hosts, name 18 servers, site acceleration providers, providers of video delivery 19 resources, and providers of computer and network resources through 20 which video transits; and 21 c. Prohibiting Defendants and each of them, including without limitation 22 their agents, servants, employees, officers, attorneys, successors, 23 licensees, partners, and assigns and all those acting in active concert or 24 participation with any of them, from effecting assignments or transfers, 25 forming new entities or associations or utilizing any other device for the 26 purpose of circumventing or otherwise avoiding the prohibitions set 27 forth herein. 28 COMPLAINT - 17 - Case 2:15-cv-03147 Document 1 Filed 04/28/15 Page 18 of 41 Page ID #:18 1 2 3 2. That the Court award Plaintiffs actual damages, profits and/or statutory damages pursuant to 17 U.S.C. § 504, at the election of Plaintiffs. 3. That the Court award Plaintiffs their costs of suit incurred herein, including 4 their attorneys’ fees and investigators’ fees incurred by Plaintiffs in investigating 5 Defendants’ unlawful conduct, as provided by applicable law. 6 4. That the Court retain jurisdiction of this action for the purpose of enabling 7 Plaintiffs to apply to the Court at any time for such further orders and interpretation 8 or execution of any order entered in this action, for the modification of any such 9 order, for the enforcement or compliance therewith and for the punishment of any 10 11 violations thereof. 5. That the Court grant Plaintiffs such other and further relief as it deems just 12 and equitable. 13 DATED: April 28, 2015 14 Respectfully submitted, KILPATRICK TOWNSEND & STOCKTON LLP 15 16 By: 17 /s/ Dennis L. Wilson DENNIS L. WILSON Attorneys for Plaintiffs SHOWTIME NETWORKS INC., HOME BOX OFFICE, INC., MAYWEATHER PROMOTIONS, LLC, and TOP RANK, INC. 18 19 20 21 22 23 24 25 26 27 28 COMPLAINT - 18 - Case 2:15-cv-03147 Document 1 Filed 04/28/15 Page 19 of 41 Page ID #:19 EXHIBIT A EXHIBITS Page 19 Mayweather vs Pacquiao Live Streaming - Mayweather vs Pacquiao live streaming, watch the boxing fight for free & buy tickets here Case 2:15-cv-03147 Document 1 Filed 04/28/15 Page 20 of 41 Page ID #:20 Watch Mayweather vs Pacquiao Online Free Mayweather vs Pacquiao Live Streaming Tale of the Tape Mayweather vs Pacquiao Replay Buy Mayweather Pacquiao Tickets LINK BoxingHD.net is dedicated in providing boxing fans all around the globe everything about Mayweather vs Pacquiao tickets, live streaming links during fight day, and fight updates; from the training camp, the weigh in, and most especially the fight in MAYWEATHER – PACQUIAO POLL Who will win? itself at its respective venues. 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We will provide with nothing but the freshest and the most reliable high quality live links that will R EC E N T P OST S Welcome to Boxing showcase HD A RC H I V E S July 2014 Posted on July 13, 2014 Leave a reply C AT E G ORI E S Boxing Proudly powered by WordPress http://boxinghd.net/[4/21/2015 6:41:14 PM] EXHIBITS Page 21 Case 2:15-cv-03147 Document 1 Filed 04/28/15 Page 22 of 41 Page ID #:22 EXHIBIT B EXHIBITS Page 22 Case 2:15-cv-03147 Document 1 Filed 04/28/15 Page 23 of 41 Page ID #:23 Mayweather vs Pacquiao Live Streaming Watch Mayweather vs Pacquiao Online Free Watch Mayweather vs Pacquiao Online Free Mayweather vs Pacquiao Live Streaming Mayweather vs Pacquiao Replay Tale of the Tape Buy Mayweather Pacquiao Tickets Mayweather vs Pacquiao Live Streaming M AY W E A TH E R – P AC Q U I A O POL L Who will win? Mayweather by KO Mayweather by UD Pacquiao by KO Pacquiao by UD Draw Vote View Results R EC E N T C OMM E N TS Nancy on Mayweather The wait is over. Finally after roughly more or less five years of vs Pacquiao Live fans wanting to see the fight, it is now officialy Floyd “Money” Streaming Mayweather going head to head with Manny “Pacman” Pacquiao.This might be the biggest fight in boxing history for the last 30 years, or perhaps of all time. In terms of magnitude http://boxinghd.net/mayweather-vs-pacquiao-live-streaming/[4/22/2015 5:48:17 PM] EXHIBITS Page 23 Mike Peterson on Mayweather vs Pacquiao Live Streaming Case 2:15-cv-03147 Document 1 Filed 04/28/15 Page 24 of 41 Page ID #:24 Mayweather vs Pacquiao Live Streaming Watch Mayweather vs Pacquiao Online Free there is no fight greater than this especially now that we are on Mike Craig on the age of technology where news gets spread in a matter of Mayweather vs seconds. The Pound for pound king dubbed as TBE or the Pacquiao Live “The Best Ever”, the undefeated 5 weight division champion Streaming Floyd “Money Mayweather” will be taking on his greatest challenge. One of the biggest name in boxing and the only one who has achieved 8 championship belts in 10 division, Manny Drake Nelson on Mayweather vs Pacquiao Live Streaming Pacquiao, will try what 47 boxers did, that is to defeat Anthoney on Mayweather. Will he be successful? or will he be the 48th Mayweather vs person who will fail? This is one hell of a boxing match, we all Pacquiao Live need to watch wherever you are in the world. Streaming The fight is going to take place this coming May 2nd. It is the R EC E N T P OST S closest date to the Mexican Holiday called “Cinco de Mayo”. Welcome to Boxing Mexicans as we all know are big boxing fans, and that is going HD to help a lot as far as revenue is concern. There are many Mexicans who will root for Pacquiao but there are also those A RC H I V E S who loves Mayweather. The venue for the fight is none other July 2014 than Las Vegas, Mayweather’s home town, particularly on C AT E G ORI E S MGM Grand Hotel and Casino. Boxing According to the odds, Mayweather is highly favored to win but with Pacquiao as his opponent anything can happen. Others believe that if the fight goes the distance, it will be Mayweather who will win by UD or majority one. The only way for Pacquiao to win is to score a knock out or a tehnical knockout. Why is this so? Well, simple Mayweather is the no.1 P4P king and he is the A side on this fight, thus if Pacquiao’s effort is not that convincing, decision will most likely be on the former’s favor. That is what makes this exciting, since Pacquiao, as we all know is an aggressive fighter and will definitely do everything humanly possible to give all his best to win for the most important fight of his life. This is great defense against offensive fire power, who will win? That is up to us to witness come May the 2nd. When it comes to pay per view buys, this fight is predicted to be breaking records previously set by Mayweather and Canelo. It has been rumored to guarantee $250 Million in total for both fighters. The fight has been waited for so long that it has http://boxinghd.net/mayweather-vs-pacquiao-live-streaming/[4/22/2015 5:48:17 PM] EXHIBITS Page 24 Case 2:15-cv-03147 Document 1 Filed 04/28/15 Page 25 of 41 Page ID #:25 Mayweather vs Pacquiao Live Streaming Watch Mayweather vs Pacquiao Online Free promoted itself, and thus requires a relatively expensive pay- per-view price, as well as the tickets. It has been said that ppv will be as high as $100 and tickets will start at around $4000. That is quite an expensive one that casual fans should think twice before buying. Well, for those who can’t buy the ticket, nor be able to watch on pay-per-view, there is always a way to watch it online, and that is via this website with our version of Mayweather vs Pacquiao Live Streaming. Everything will be covered from start to finish, from undercard to main event, from weigh in to post fight press conference. We have everything made specially for fans around the globe. We know, you would not want to miss a fight like this. Where to Watch Mayweather vs Pacquiao Live Streaming? This has been a common question for all the boxing fans especially if they are far from the place of the event or they don’t have the money to buy tickets or pay-per-view coverage, so, where can you watch Mayweather vs Pacquiao Live streaming on May 2nd? The fight is sponsored by both Top Rank and Mayweather Promotions and will be aired via a joint pay per view by HBO and Showtime. However, there are lots of alternatives that you can watch the fight live. Watch Mayweather vs Pacquiao fight inside the ring this coming May 2, 2015. You can watch live in MGM Grand, Las Vegas or you can watch it live at home via live streaming. You can watch the full fight via live stream in this website. The live streaming will commence when the fight starts. 6 THOUGHTS ON “MAYWEATHER VS PACQUIAO LIVE STREAMING” http://boxinghd.net/mayweather-vs-pacquiao-live-streaming/[4/22/2015 5:48:17 PM] EXHIBITS Page 25 Case 2:15-cv-03147 Document 1 Filed 04/28/15 Page 26 of 41 Page ID #:26 Mayweather vs Pacquiao Live Streaming Watch Mayweather vs Pacquiao Online Free Timmy Brower on May 1, 2015 at 10:34 am said: Never had problem watching this fight via the link provided. So smooth, no lag or delay. Its like watching it on a premium satellite coverage but its FREE.. gracias! Reply ↓ Anthoney on May 1, 2015 at 11:44 am said: yeah the same here! its really good Reply ↓ Drake Nelson on May 1, 2015 at 6:28 pm said: I am just a bit curious since I have already one slot for the Mayweather – Pacquiao Live Streaming. Can I still avail another one slot for my friend? He is on the same building as mine with the same internet connection? Is that possible? Reply ↓ Mike Craig on May 1, 2015 at 8:25 pm said: Hello, nice to see such site being put up just for us to at least see Pacquiao fight again. Got one slot already for the free http://boxinghd.net/mayweather-vs-pacquiao-live-streaming/[4/22/2015 5:48:17 PM] EXHIBITS Page 26 Case 2:15-cv-03147 Document 1 Filed 04/28/15 Page 27 of 41 Page ID #:27 Mayweather vs Pacquiao Live Streaming Watch Mayweather vs Pacquiao Online Free live streaming. Thanks a lot. Reply ↓ Mike Peterson on May 2, 2015 at 7:57 am said: thank you Reply ↓ Nancy on May 2, 2015 at 9:30 am said: wow I can watch this for free… you rock admin Reply ↓ Leave a Reply Your email address will not be published. Required fields are marked * Name * Email * Website Comment http://boxinghd.net/mayweather-vs-pacquiao-live-streaming/[4/22/2015 5:48:17 PM] EXHIBITS Page 27 Case 2:15-cv-03147 Document 1 Filed 04/28/15 Page 28 of 41 Page ID #:28 Mayweather vs Pacquiao Live Streaming Watch Mayweather vs Pacquiao Online Free Post Comment Proudly powered by WordPress http://boxinghd.net/mayweather-vs-pacquiao-live-streaming/[4/22/2015 5:48:17 PM] EXHIBITS Page 28 Case 2:15-cv-03147 Document 1 Filed 04/28/15 Page 29 of 41 Page ID #:29 EXHIBIT C EXHIBITS Page 29 Case 2:15-cv-03147 Document 1 Filed 04/28/15 Page 30 of 41 Page ID #:30 Mayweather vs Pacquiao Live Streaming MAYWEATHER VS PACQUIAO LIVE STREAMING ONLINE We were unable to load Disqus. If you are a moderator please see our troubleshooting guide. http://boxinghd.net/maypac/[4/22/2015 1:29:46 PM] EXHIBITS Page 30 Case 2:15-cv-03147 Document 1 Filed 04/28/15 Page 31 of 41 Page ID #:31 Mayweather vs Pacquiao Live Streaming GAME HIGHLIGHTS Proudly Powered By: Free PPV Online © 2015 Mayweather vs Pacquiao Live Streaming. All Rights Reserved. http://boxinghd.net/maypac/[4/22/2015 1:29:46 PM] EXHIBITS Page 31 Case 2:15-cv-03147 Document 1 Filed 04/28/15 Page 32 of 41 Page ID #:32 EXHIBIT D EXHIBITS Page 32 Case 2:15-cv-03147 Document 1 Filed 04/28/15 Page 33 of 41 Page ID #:33 Watch Mayweather vs Pacquiao Live Streaming MAYWEATHER VS PACQUIAO LIVE STREAMING TIME LEFT http://www.sportship.org/[4/21/2015 6:42:48 PM] EXHIBITS Page 33 Case 2:15-cv-03147 Document 1 Filed 04/28/15 Page 34 of 41 Page ID #:34 Watch Mayweather vs Pacquiao Live Streaming MAWIHER VS LIVE STREAMING 12' . I 1525'. . . .359?! 'Erh-J L1 - LIVE we. Pm-PEn-?iew' [331 Free Aeneas am. Ham r'ujr I want In: the ?gnt Thanks. In . JEFF-MI arr! tn: watch the ?ght ?re-Ea! 1'15 IDIH GUIUNHSEU AHEI START EARNING EIHLIHE. 2015M. HIEHFS HESEIWED. TEENS EIF SERVICE DMBA HEPCIFIET UHF. 2:26:40 EXHIBITS Page 34 Case 2:15-cv-03147 Document 1 Filed 04/28/15 Page 35 of 41 Page ID #:35 EXHIBIT E EXHIBITS Page 35 Case 2:15-cv-03147 Document 1 Filed 04/28/15 Page 36 of 41 Page ID #:36 r? KILPATRICK vine. Al an 9720 Wilshirc PH Beverly Hills. CA 90212-2018 3 0-248-3330 f' 3 0?860-0363 VIA EMAIL AND OVERNIGHT direct dial 3IO 3240 DELIVERY direct fax 310 333 5097 DWilsc-n @kilpatricktomsend.cam April 25, 2015 thisguard, Inc. Attn: PO. Box 0823-03411 Republic of Panama Email: Re: ADVANCE NOTICE OF POTENTIAL INFRINGEMENT HAY 2, 2015 COVERAGE OF MAYWEATHER V. PACQUIAO CHAMPIONSHIP BOXING MATCH Pursuant to Title 17 U.S.C. Sec. 411(c)(with reference to Sec. 411(b) of the United States Copyright Act as authority) and Section 201.22 of the Copyright Of?ce?s regulations, 37 C.F.R. 201.22, this will serve as notice to you that Showtime Networks Inc., Home Box Of?ce, Inc, Mayweather Productions, LLC and Top Rank, Inc. (collectively the ?Oumers?) jointly own the exclusive rights to, among other things, reproduce and transmit the live transmission of the 2015 Mayweather v. Pacquiao championship boxing match, including the pre-show and the undercard bouts, (the ?Coverage") in the United States. Consumers will be able to purchase live pay-per- view television access to the Coverage, which will begin at 8:00 pm. Eastern Time on Saturday, May 2, 2015 with the Fight pre-show, immediately followed at approximately 9:00 pm. Eastern Time by two undercard bouts and then the Fight itself, continuing until the ight?s conclusion. The Owners will be the joint authors of the Coverage, and will jointly own the copyright in the Coverage after its ?xation. The Owners intend to register their copyright in the Coverage within three months a?er its ?xation on May 2, 2015. The Owners have become aware that you are advertising an unauthorized Internet ?stream? of the Coverage within the United States on the websites and Any such stream, and any other performance, telecast, exhibition, transmission, reproduction, distribution, exploitation or other use of the Coverage on , or any other website andfor through any service that you provide or to which you provide access would infringe the Owners? exclusive rights under the United States Copyright Act (the ?Infringing Activities?). The Owners object to your Infringing Activities. ATLANTA AUGUSTA CHARLOTTE DENVER LOS ANGELES NEW YORK RALEIGH SAN DIEGO SAN FRANCISCO SEATTLE SHANGHAI SILICON TOKYO WALNUTCREEK WASHINGTON EXHIBITS Page 36 Case 2:15-cv-03147 Document 1 Filed 04/28/15 Page 37 of 41 Page ID #:37 April 25, 2015 Page 2 We hereby advise you that you will be subject to liability for copyright infringement and other damages if you perform, telecast, exhibit, transmit, reproduce, distribute, exploit or otherwise use the Coverage in whole or in part prior to the completion of the live pay-per-view telecast or at any time after the live telecast has completed. Please advise your af?liates and subscribers of the Owners? exclusive rights and these restrictions. The Owners hereby demand that you remove all references to the Infringing Activities from all websites, social media accounts and any other content that you own, operate or control. To avoid further enforcement action you must also con?rm in writing within forty-eight (48) hours that you will not stream the Coverage or otherwise engage in any of the Infringing Activities. Please send your written con?rmation to The Owners jointly and severally reserve all of their rights and remedies at law and equity. Very Truly Yours, 011A Dennis Wilson KILPATRICK TOWNSEND STOCKTON LLP 9720 Wilshire Boulevard PH Beverly Hills, California 90212-2018 Attorneys for Showtime Networks Inc., Home Box Of?ce, Inc., Mayweather Productions, LLC and Top Rank, Inc. cc: Showtime Networks Inc. Home Box Of?ce, Inc. Mayweather Productions, LLC Top Rank, Inc. EXHIBITS Page 37 Case 2:15-cv-03147 Document 1 Filed 04/28/15 Page 38 of 41 Page ID #:38 r? TOWNSEND s'mpnt is Law 9710 Wilshire PH Beverly Hills. CA 90212-2013 1 310-243-3830 3 direct dial 3 3740 direct fax 310 333 609? April 25, 201 Carlo Magno ch?b/a SpOl?tShIp.OI?g Email: analouimeuralt?ramail.com Re: ADVANCE NOTICE OF POTENTIAL INFRINGEMENT MAY 2, 2015 COVERAGE OF MAYWEATHER V. CHAMPIONSHIP BOXING MATCH Pursuant to Title 17 U.S.C. Sec. 411(c)(with reference to Sec. 411(b) of the United States Copyright Act as authority) and Section 201.22 of the Copyright Of?ce's regulations, 37 CPR. 201.22, this will serve as notice to you that Showtime Networks Inc., Home Box Office, Inc., Mayweather Productions, LLC and Top Rank, Inc. (collectively the ?Owners?) jointly own the exclusive rights to, among other things, reproduce and transmit the live transmission of the 2015 Mayweather v. Pacquiao championship boxing match, including the pre-show and the undercard bouts, (the ?Coverage") in the United States. Consumers will be able to purchase live pay-per- view television access to the Coverage, which will begin at 8:00 pm. Eastern Time on Saturday, May 2, 2015 with the Fight pre-show, immediately followed at approximately 9:00 pm. Eastern Time by two undercard bouts and then the Fight itself, continuing until the Fight?s conclusion. The Owners will be the joint authors of the Coverage, and will jointly own the copyright in the Coverage after its ?xation. The Owners intend to register their copyright in the Coverage within three months after its ?xation on May 2, 2015. The Owners have become aware that you are advertising an unauthorized Internet ?stream? of the Coverage within the United States on the websites and {sportshiporgk Any such stream, and any other performance, telecast, exhibition, transmission, reproduction, distribution, exploitation or other use of the Coverage on , or any other website andt?or through any service that you provide or to which you provide access would infringe the Owners? exclusive rights under the United States Copyright Act (the ?Infringing Activities?). The Owners object to your Infringing Activities. We hereby advise you that you will be subject to liability for copyright infringement and other damages if you perform, telecast, exhibit, transmit, reproduce, distribute, exploit or otherwise use the Coverage in whole or in part prior to the completion of the live pay-per?view telecast or at any time after the live telecast has completed. Please advise your af?liates and subscribers of the Owners? exclusive rights and these restrictions. ATLANTA AUGUSTA CHARLOTTE DENVER LOS ANGELES NEW YORK RALEIGH SAN DIEGO SAN FRANCISCO SEATTLE SHANGHAI SILICON VALLEY TOKYO WALNUT CREEK WASHINGTON WINSTON-SALEM EXHIBITS Page 38 Case 2:15-cv-03147 Document 1 Filed 04/28/15 Page 39 of 41 Page ID #:39 April 25, 2015 Page 2 The Owners hereby demand that you remove all references to the Infringing Activities from all websites, social media accounts and any other content that you own, operate or control. To avoid ?irther enforcement action you must also confirm in writing within forty-eight (48) hours that you will not stream the Coverage or otherwise engage in anyr of the Infringing Activities. Please send your written continuation to The Owners jointly and severally reserve all of their rights and remedies at law and equity. CC: Showtime Networks Inc. Home Box Of?ce, Inc. Mayweather Productions, LLC Top Rank, Inc. Ver Truly Yb is Wilson KILPATRICK TOWNSEND STOCKTON LLP 9720 Wilshire Boulevard PH Beverly Hills, Califomia 90212-2018 DWilson-?kilnatricktownsendcom Attorneys for Showtime Networks Inc., Home Box Of?ce, Inc, Mayweather Productions, LLC and Top Rank, Inc. EXHIBITS Page 39 Case 2:15-cv-03147 Document 1 Filed 04/28/15 Page 40 of 41 Page ID #:40 7? KILPATRICK rowaseno .. nrrnum'vlj. at law 9720 Wilshire PH Beverly Hills, CA 90212~20l3 I 3lD-243-3330 VIA OVERNIGHT DELIVERY dim dial 310 3m direct fax 310 333 6097 April 25, 2015 oWilsongkilpamcktounsendeom Carlo Magoo dfbfa sportship.org cfo CPAlead, LLC dfb/a gotlinks.co 7251 W. Lake Mead Suite 300 Las Vegas, NV 89128 Re: ADVANCE NOTICE OF POTENTIAL INFRINGEMENT MAY 2, 2015 COVERAGE OF MAYWEATHER V. PACQUIAO CHAMPIONSHIP BOXING MATCH Pursuant to Title 17 U.S.C. Sec. 411(c)(with reference to Sec. 411(b) of the United States Copyright Act as authority) and Section 201.22 of the Copyright Of?ce?s regulations, 37 CPR. 201.22, this will serve as notice to you that Showtime Networks Inc., Home Box Of?ce, Inc., Mayweather Productions, LLC and Top Rank, Inc. (collectively the ?Owners?) jointly own the exclusive rights to, among other things, reproduce and transmit the live transmission of the 2015 Mayweather v. Pacquiao championship boxing match, including the pre-show and the undercard bouts, (the ?Coverage?) in the United States. Consumers will be able to purchase live pay-per- view television access to the Coverage, which will begin at 8:00 pm. Eastern Time on Saturday, May 2, 2015 with the Fight pre-show, immediately followed at approximately 9:00 pm. Eastern Time by two undercard bouts and then the Fight itself, continuing until the Fight?s conclusion. The Owners will be the joint authors of the Coverage, and will jointly own the copyright in the Coverage after its ?xation. The Owners intend to register their copyright in the Coverage within three months after its ?xation on May 2, 2015. The Owners have become aware that you are advertising an unauthorized Internet ?stream? of the Coverage within the United States on the websites and <5portship.org2>. Any such stream, and any other performance, telecast, exhibition, transmission, reproduction, distribution, exploitation or other use of the Coverage on , or any other website andfor through any service that you provide or to which you provide access would infringe the Owners? exclusive rights under the United States Copyright Act (the ?Infringing Activities?). The Owners object to your Infringing Activities. We hereby advise you that you will be subject to liability for copyright infringement and other damages if you perform, telecast, exhibit, transmit, reproduce, distribute, exploit or otherwise use the Coverage in whole or in part prior to the completion of the live pay-per?view telecast or at ATLANTA AUGUSTA CHARLOTTE DENVER LOS ANGELES NEW YORK RALEIGH SAN DIEGO SAN FRANCISCO SEATTLE SHANGHAI SILICON TOKYO WALNUT CREEK WASHINGTON EXHIBITS Page 40 Case 2:15-cv-03147 Document 1 Filed 04/28/15 Page 41 of 41 Page ID #:41 April 25, 2015 Page 2 any time a?er the live telecast has completed. Please advise your af?liates and subscribers of the Owners? exclusive rights and these restrictions. The Owners hereby demand that you remove all references to the Infringing Activities from all websites, social media accounts and any other content that you own, operate or control. To avoid further enforcement action you must also confirm in writing within forty-eight (48) hours that you will not stream the Coverage or otherwise engage in any of the Infringing Activities. Please send your written con?rmation to DWilson@kilpatricktownsendcom. The Owners jointly and severally reserve all of their rights and remedies at law and equity. De'i'ihis Wilson KILPATRICK TOWNSEND 8r; STOCKTON LLP 9720 Wilshire Boulevard PH Beverly Hills, California 90212-2018 Attorneys for Showtime Networks Inc., Home Box Of?ce, Inc., Mayweather Productions, LLC and Top Rank, Inc. cc: Showtime Networks Inc. Home Box Of?ce, Inc. Mayweather Productions, LLC Top Rank, Inc. EXHIBITS Page 41