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Hbo Showtime Fight
Hbo Showtime Fight
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WESTERN DIVISION
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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.
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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.);
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COMPLAINT
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defendants John Doe 1 d/b/a boxinghd.net, John Doe 2 d/b/a sportship.org and d/b/a
allege as follows:
JURISDICTION AND VENUE
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1.
intentional violation of the federal Copyright Act (17 U.S.C. 101, et seq.).
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3.
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Plaintiffs are informed and believe and on that basis allege that personal
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copyrighted works for which Plaintiffs will jointly own certain exclusive rights
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granted by the Copyright Act when those works are fixed in a tangible medium of
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In addition, Plaintiffs are also informed and believe and on that basis
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allege that Defendants are deliberately exploiting the California market for profit and
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have entered into one or more contracts with California companies for services that
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6.
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organized and existing under the laws of Delaware, having its principal place of
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business at 1633 Broadway, 16th Floor, New York, New York 10019.
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7.
COMPLAINT
existing under the laws of Delaware, having its principal place of business at 1100
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liability company organized and existing under the laws of Nevada, having its
principal place of business at 4616 West Sahara Avenue, #290, Las Vegas, Nevada
89102.
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existing under the laws of Nevada, having its principal place of business at 748 Pilot
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Doe 1 d/b/a boxinghd.net and John Doe 2 d/b/a sportship.org and d/b/a Carlo
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Magno, and John Does 3-10, who are, on information and believe, assisting
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Defendants John Doe 1 and John Doe 2 in the unauthorized live Internet stream of
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the Coverage (as defined in Paragraph 13, infra), and therefore sue these Defendants
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boxing match between the legendary boxers Floyd Mayweather, Jr. and Manny
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Pacquiao, which will occur on Saturday, May 2, 2015, at the MGM Grand Garden
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12.
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authorized camera and production crew at the same time it is being transmitted live
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to consumers throughout the world via licensed pay per view access.
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13.
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transmission and/or performance of the Fight and the preceding undercard bouts are
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14.
COMPLAINT
Plaintiffs will be joint authors and joint owners of the copyright in the
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Coverage and as such have the exclusive rights to, among other things, reproduce
and transmit the Coverage within the United States and elsewhere.
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providers beginning at approximately 9:00 p.m. Eastern Time on May 2, 2015 with
two undercard bouts and then the Fight itself, continuing until the Fights
conclusion.
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The Defendants are seeking to benefit from this high profile, live Fight
Plaintiffs have become aware that Defendants are using the websites
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COMPLAINT
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the title Watch Mayweather vs Pacquiao Online Free and features the embedded
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The home page also states: [I]f you cant afford to buy tickets then simply watch
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Mayweather vs Pacquiao here. We will provide with nothing but the freshest and the
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most reliable high quality live links. A true and correct printout of the entire home
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Pacquiao Live Streaming. See Exhibit A. Clicking on this tab takes the user to the
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title as the tab, and including, among other things, the following question and
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answer: Where to Watch Mayweather vs. Pacquiao Live Streaming? . . . The fight .
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. .will be aired via a joint pay per view by HBO and Showtime. However, there are
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lots of alternatives that you can watch the fight live. . . . [Y]ou can watch it live at
COMPLAINT
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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. A true and correct
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live-streaming > page included a thoughts section with comments from visitors to
the site, including the following: 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 live streaming.
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Clicking on the video screen or the Start Watching! link on the home
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STREAMING ONLINE. A true and correct printout of this page, printed on April
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Proudly Powered By: Free PPV Online and 2015 Mayweather vs. Pacquiao
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Live Streaming. All Rights Reserved. See Exhibit C. Both the title
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2015 Mayweather vs. Pacquiao Live Streaming portion of the footer are
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hyperlinks.
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COMPLAINT
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COMPLAINT
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True and correct printouts of this page, printed on April 21 and April 22, 2015, are
attached as Exhibit D.
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In order to gain access to the stream, users must click through one or
more offers that promote the goods and services of third parties. Plaintiffs are
informed and believe that Defendants use these advertisements to monetize their
websites.
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section with the following comments: I go for Mayweather. I want to see the fight
online. Thanks for the free access. #ExcitedHere and I am excited to watch the
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without authorization.
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Plaintiffs are informed and believe and on that basis allege that
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Defendants John Doe 1 and John Doe 2 jointly own and/or operate both
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<boxinghd.net> and <sportship.org>, and that Defendants John Does 3-10 are
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assisting Defendants John Doe 1 and John Doe 2 in the unauthorized live Internet
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<boxinghd.net> or on <sportship.org>.
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Plaintiffs are informed and believe and on that basis allege that
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Defendants intend to acquire the infringing stream from one or more third parties
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Plaintiffs are informed and believe and on that basis allege that
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Defendants know or have reason to know that one or more third parties will obtain
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the infringing stream from their websites and will redistribute it through other
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websites.
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COMPLAINT
Plaintiffs are informed and believe and on that basis allege that
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have promoted streams of several other fights, including but not limited to the May
4, 2013 fight between Floyd Mayweather, Jr. and Robert Guerrero and the July 12,
2014 fight between Erislandy Lara and Canelo Alvarez. Neither of these fights were
States.
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irreparable harm.
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marketability and profitability of the Coverage, and interfere with Plaintiffs own
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with an opportunity to view the Coverage in its entirety for free rather than paying
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especially true where, as here, the work at issue is live Coverage of a one-time live
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and with consumers depend on Plaintiffs ability to control when, where and under
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COMPLAINT
reputation with consumers, as Plaintiffs cannot exercise any quality control over
and may suffer from other quality problems that consumers will mistakenly
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the benefits of their exclusive rights in the Coverage granted by the Copyright Act,
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and contact information from Plaintiffs and from the public. Neither
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Defendants.
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Defendants have also concealed their true identities and locations in the
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public Whois database, which contains (unverified) name and contact information
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privacy protection service that prevents Plaintiffs from learning what name and
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address information Defendants used to register the domain name. The privacy
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information with its own name and address, and provides an anonymous email
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address that does not belong to Defendants, but on information and belief, relays
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name Carlo Magno, an incomplete (and likely misleading) postal address and an
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locate additional information about Defendants identities or locations but has been
COMPLAINT
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unsuccessful.
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The only other contact information that Plaintiffs have located that
called CPAlead, LLC (CPAlead), which claims to help its customers monetize
their websites through social media sharing and driving user traffic from one
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demanded that Defendants: 1) remove all references to streaming the Coverage; and
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2) provide written assurance that they would not stream the Coverage. See Exhibit
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E.
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privacy protection email address that is publicly available for <boxinghd.net> and
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Plaintiffs also sent the Notice via international overnight delivery to Defendants care
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In sum, Plaintiffs are informed and believe and on that basis allege that
they served Defendants with the Notice at every publicly-available physical address
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As of the date of this filing, Plaintiffs have not received any response to
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that Defendants are on actual notice of Plaintiffs rights but nevertheless intend to
proceed with their unauthorized and infringing live stream of the Coverage.
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performance conveyed by the Copyright Act and will cause Plaintiffs to suffer
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At all relevant times, Plaintiffs have jointly owned the exclusive rights
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to, among other things, reproduce and distribute the Coverage in the United States,
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including transmitting the Coverage simultaneously as the undercard bouts and the
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Fight occur live and the Coverage is fixed in a tangible medium of expression.
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Plaintiffs will own the copyright in the Coverage immediately upon its
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Plaintiffs are informed and believe and on that basis allege that
Defendants received the Notice more than forty-eight hours prior to the
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Plaintiffs are informed and believe and on that basis allege that
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Defendants, and each of them, are fully aware of Plaintiffs rights, and Defendants
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intend to infringe Plaintiffs rights willfully, knowingly and with wanton disregard.
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relief, Defendants conduct will cause Plaintiffs irreparable harm for which there is
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no adequate remedy at law, and will also damage Plaintiffs in an amount which
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At all relevant times, Plaintiffs have jointly owned the exclusive rights
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to, among other things, reproduce and distribute the Coverage in the United States,
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including transmitting the Coverage simultaneously as the undercard bouts and the
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Fight occur live and the Coverage is fixed in a tangible medium of expression.
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Plaintiffs will own the copyright in the Coverage immediately upon its
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Plaintiffs are informed and believe and on that basis allege that
Defendants received the Notice more than forty-eight hours prior to the
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Plaintiffs are informed and believe and on that basis allege that
Defendants acquire the infringing stream and third parties who use other websites to
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redistribute the infringing stream from Defendants websites. Each such violation of
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without limitation because Plaintiffs notified them that streaming the Coverage
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Plaintiffs rights, Defendants continue to represent to Plaintiffs and to the public that
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they intend to cause, enable, induce, facilitate and materially contribute to the
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the Coverage.
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Plaintiffs are informed and believe and on that basis allege that
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Defendants, and each of them, are fully aware of Plaintiffs rights, and intend to
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relief, Defendants conduct will cause Plaintiffs irreparable harm for which there is
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no adequate remedy at law, and will also damage Plaintiffs in an amount which
COMPLAINT
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At all relevant times, Plaintiffs have jointly owned the exclusive rights
to, among other things, reproduce and distribute the Coverage in the United States,
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including transmitting the Coverage simultaneously as the undercard bouts, and the
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Fight occur live and the Coverage is fixed in a tangible medium of expression.
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Plaintiffs will own the copyright in the Coverage immediately upon its
Plaintiffs are informed and believe and on that basis allege that
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Defendants received the Notice more than forty-eight hours prior to the
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Plaintiffs are informed and believe and on that basis allege that third
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parties will use Defendants websites to directly infringe Plaintiffs rights in the
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infringement committed via their websites. At all relevant times, Defendants (i)
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have had the right and ability to control and/or supervise the infringing conduct of
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third parties who will redistribute the infringing stream, and on information and
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belief (ii) have had a direct financial interest in and will benefit financially from,
COMPLAINT
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such infringing conduct, including without limitation because they have monetized
<sportship.org>.
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Plaintiffs are informed and believe and on that basis allege that
Defendants and each of them have the right and ability to supervise this infringing
conduct because, among other things, Defendants operate the websites and exercise
direct control over the content that is made available through the websites, and the
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Plaintiffs are informed and believe and on that basis allege that
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Defendants, and each of them, are fully aware of Plaintiffs rights, and intend to
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relief, Defendants conduct will cause Plaintiffs irreparable harm for which there is
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no adequate remedy at law, and will also damage Plaintiffs in an amount which
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licensees, partners, and assigns and all those acting in active concert or
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participation with any of them, including any and all service providers
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from:
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b. Ordering that upon receipt of the Courts order, beginning no later than
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8:45 p.m. Eastern Time on May 2, 2015 and continuing until no earlier
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than 6:00 a.m. Eastern Time on May 3, 2015, all service providers
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licensees, partners, and assigns and all those acting in active concert or
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forming new entities or associations or utilizing any other device for the
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forth herein.
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COMPLAINT
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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. That the Court retain jurisdiction of this action for the purpose of enabling
Plaintiffs to apply to the Court at any time for such further orders and interpretation
or execution of any order entered in this action, for the modification of any such
order, for the enforcement or compliance therewith and for the punishment of any
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violations thereof.
5. That the Court grant Plaintiffs such other and further relief as it deems just
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and equitable.
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Respectfully submitted,
KILPATRICK TOWNSEND & STOCKTON
LLP
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By:
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COMPLAINT
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EXHIBIT A
EXHIBITS Page 19
Mayweather vs Pacquiao Live Streaming - Mayweather vs Pacquiao live streaming, watch the boxing fight for free & buy tickets here
LINK
MAYWEATHER
PACQUIAO POLL
Mayweather by KO
Mayweather by UD
Pacquiao by KO
Pacquiao by UD
DrawVote
View Results
RECENT COMMENTS
Nancy on Mayweather
vs Pacquiao Live
Streaming
Mike Peterson on
Mayweather vs
Pacquiao Live
Streaming
EXHIBITS Page 20
http://boxinghd.net/[4/21/2015 6:41:14 PM]
Mike Craig on
Mayweather vs
Pacquiao Live
Streaming
Drake Nelson on
For those who wants to watch the fight live in person at the
Mayweather vs
Pacquiao Live
Streaming
Anthoney on
Mayweather vs
Pacquiao Live
Streaming
R EC E N T P OST S
Welcome to Boxing
showcase
HD
A RC H I V E S
July 2014
C AT E G ORI E S
Boxing
EXHIBITS Page 21
EXHIBIT B
EXHIBITS Page 22
Mayweather vs Pacquiao
Live Streaming
M AY W E A TH E R
P AC Q U I A O POL L
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
Streaming
EXHIBITS Page 23
Mike Peterson on
Mayweather vs
Pacquiao Live
Streaming
Mike Craig on
Mayweather vs
Pacquiao Live
Streaming
Drake Nelson on
Mayweather vs
Pacquiao Live
Streaming
Anthoney on
Mayweather vs
person who will fail? This is one hell of a boxing match, we all
Pacquiao Live
Streaming
The fight is going to take place this coming May 2nd. It is the
R EC E N T P OST S
Welcome to Boxing
Mexicans as we all know are big boxing fans, and that is going
HD
A RC H I V E S
who loves Mayweather. The venue for the fight is none other
July 2014
Boxing
EXHIBITS Page 24
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 cant 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
dont 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.
EXHIBITS Page 25
Anthoney
on May 1, 2015 at 11:44 am
said:
EXHIBITS Page 26
thank you
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EXHIBIT C
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GAME HIGHLIGHTS
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EXHIBIT D
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EXHIBIT E
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