Professional Documents
Culture Documents
Studios v. Set TV
Studios v. Set TV
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COMPLAINT
Case 2:18-cv-03325 Document 1 Filed 04/20/18 Page 2 of 25 Page ID #:2
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COMPLAINT
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9 2. To attract customers who would prefer a preloaded box, Defendants
10 also market and sell “ST-110 Set Top Box” computer hardware devices that come
11 preloaded with the Setvnow software. Defendants tell “customers who want more
12 of a cable box experience” that for just $89, they can “simply turn it on and watch
13 TV” without having to do anything more than “PLUG AND PLAY.”
14 3. Whether their customers choose a subscription or a preloaded box,
15 what Defendants actually sell is illegal access to Plaintiffs’ Copyrighted Works.
16 When used as Defendants intend and instruct, Setvnow gives Defendants’ customers
17 access to sources that stream Plaintiffs’ Copyrighted Works without authorization.
18 These streams are illegal public performances of Plaintiffs’ Copyrighted Works.
19 4. For the customers who use Setvnow, the service provides hallmarks of
20 using authorized streaming services—a user-friendly interface and reliable access to
21 popular content—but with a notable exception: the customers only pay money to
22 Defendants, not to Plaintiffs and other content creators upon whose copyrighted
23 works Defendants’ business depends. Plaintiffs bring this action to stop
24 Defendants’ intentional inducement of, and knowing and material contribution to,
25 the widespread infringement of Plaintiffs’ rights.
26 THE PARTIES
27 5. Plaintiff Amazon Content Services, LLC is a corporation duly
28 incorporated under the laws of the State of Delaware with its principal place of
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COMPLAINT
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1 business under the name Setvnow and operates an interactive website available at
2 http://www.setvnow.com.
3 18. Defendant Jason Labbosiere is the owner and operator of Set
4 Broadcast, LLC. Labossiere is a resident of Largo, Florida.
5 19. Defendant Nelson Johnson is an employee and former authorized
6 manager of Set Broadcast, LLC. Johnson is a resident of Riverview, Florida.
7 JURISDICTION AND VENUE
8 20. This Court has subject matter jurisdiction over this Complaint pursuant
9 to 28 U.S.C. §§ 1331, 1338(a), and 17 U.S.C. § 501(b).
10 21. Defendants knowingly and intentionally targets Plaintiffs and the State
11 of California by openly encouraging Setvnow customers in California, among other
12 places, to obtain streams of infringing content. Defendants intend that their
13 customers will use Setvnow overwhelmingly to stream infringing performances of
14 Plaintiffs’ Copyrighted Works. Defendants know and intend that their activities will
15 cause significant harm in the State of California, which is the locus of most of
16 Plaintiffs’ production and distribution operations. Setvnow also uses Plaintiffs’ or
17 their affiliates’ trademarks for television channels (e.g., the Disney Channel) to
18 demonstrate the range of available infringing content.
19 22. Setvnow advertises, sells, and provides its subscriptions and “ST-110
20 Set Top Boxes” to California residents. It also provides ongoing technical support
21 and updates to California residents. Defendants use the services of companies in
22 California, including Facebook and YouTube, to advertise and promote Setvnow to
23 potential customers in California.
24 23. Venue is proper in this District pursuant to 28 U.S.C. §§ 1391(b) and
25 1400(a).
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COMPLAINT
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1 FACTUAL OVERVIEW
2 Plaintiffs and Their Copyrighted Works
3 24. Plaintiffs or their affiliates produce and distribute some of the most
4 popular and critically acclaimed motion pictures and television shows in the world.
5 25. Plaintiffs or their affiliates have invested (and continue to invest)
6 substantial resources and effort each year to develop, produce, distribute, and
7 publicly perform their Copyrighted Works.
8 26. Plaintiffs or their affiliates own or have the exclusive U.S. rights
9 (among others) to reproduce, distribute, and publicly perform their Copyrighted
10 Works, including by means of streaming those works over the Internet to the public.
11 27. Plaintiffs authorize the distribution and public performance of their
12 Copyrighted Works in various formats and through multiple distribution channels,
13 including, by way of example: (a) for exhibition in theaters; (b) through cable and
14 direct-to-home satellite services (including basic, premium, and “pay-per-view”);
15 (c) through authorized, licensed Internet video-on-demand services, including those
16 operated by iTunes, Google Play, Hulu, VUDU, Netflix, Inc. and Amazon.com,
17 Inc.; (d) for private home viewing on DVDs and Blu-ray discs; and (e) for broadcast
18 on television.
19 28. Plaintiffs have not authorized Defendants, the operators of the sources
20 to which Setvnow links, or Defendants’ customers, to exercise any of Plaintiffs’
21 exclusive rights under the Copyright Act.
22 Defendants’ Inducement of and Contribution to the Infringement of Plaintiffs’
Copyrighted Works
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24 The Setvnow Experience
25 29. Defendants promote Setvnow as a substitute for cable television
26 subscriptions, telling customers that for “ONLY $20 PER MONTH,” customers will
27 have “Thousands of On Demand entertainment options” and “500 + Channels” with
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1 “No long term commitments,” “No activation fees,” “No cancellation fees,” “No
2 Credit Check,” and “Professional Support.”
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14 30. Once customers purchase a monthly subscription plan, they need only
15 download and install the Setvnow application on their laptop, mobile device, tablet,
16 or other hardware device to have access to high-quality, high-speed streams of
17 infringing content.
18 31. Defendants’ customers access infringing streams through use of the
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COMPLAINT
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12 32. When a user selects any of the menu links above, Setvnow begins
13 streaming the selected content from third-party sources. These sources capture live
14 transmissions of the above-listed television channels, convert the copies of the
15 television programs into streaming-friendly formats, and then retransmit the entirety
16 of the live broadcasts over the Internet. In the screenshot above, a customer who
17 simply clicked once on “DISNEY CHANNEL” would have instant access to a live
18 stream of the Disney Channel.
19 33. For its on-demand options, Setvnow relies on third-party sources that
20 illicitly reproduce copyrighted works and then provide streams of popular content
21 such as movies still exclusively in theaters and television shows.
22 34. Defendants’ customers use Setvnow as follows. First, the customer
23 downloads the Setvnow application on his or her laptop, mobile device, tablet, or
24 other hardware device. The customer then inputs his or her login information.
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1 38. On the “VOD” page, Setvnow presents customers curated menu of on-
2 demand television shows and movies, organized into categories such as “NEW
3 RELEASES,” “TV SHOWS,” “ACTION,” “FAMILY,” and “COMEDY.”
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39. On April 10, 2018, a Setvnow customer who selected the “NEW
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RELEASES” category would have had the ability to access immediately hundreds
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of titles, including movies still in theaters.
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40. Defendants’ customers use Setvnow for intended and unquestionably
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infringing purposes, most notably to obtain immediate, unrestricted, and
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unauthorized access to unauthorized streams of Plaintiffs’ Copyrighted Works.
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Defendants Intentionally Induce Mass Infringement of Plaintiffs’
25 Copyrighted Works
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41. Defendants promote the use of Setvnow for overwhelmingly, if not
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exclusively, infringing purposes, and that is how their customers use Setvnow.
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1 66. As a direct and proximate result of the foregoing acts and conduct,
2 Plaintiffs have sustained and will continue to sustain substantial, immediate and
3 irreparable injury, for which there is no adequate remedy at law. Unless enjoined
4 and restrained by this Court, Defendants will continue to knowingly and materially
5 contribute to the infringement of Plaintiffs’ rights in their Copyrighted Works.
6 Plaintiffs are entitled to injunctive relief under 17 U.S.C. § 502.
7 PRAYER FOR RELIEF
8 WHEREFORE, Plaintiffs pray for judgment against Defendants and for the
9 following relief:
10 1. For Plaintiffs’ damages and Defendants’ profits in such amount as may
11 be found; alternatively, at Plaintiffs’ election, for maximum statutory damages; or
12 for such other amounts as may be proper pursuant to 17 U.S.C. § 504(c).
13 2. For preliminary and permanent injunctions (a) enjoining Defendants
14 and their officers, agents, servants, employees, attorneys, and all persons acting in
15 active concert or participation with them, from publicly performing or otherwise
16 infringing in any manner (including without limitation by materially contributing to
17 or intentionally inducing the infringement of) any right under copyright in any of
18 Plaintiffs’ Copyrighted Works, including without limitation by publicly performing
19 those works, or by distributing any software or providing any service or device that
20 does or facilitates any of the foregoing acts; and (b) impounding all ST-110 devices
21 in Defendants’ possession, custody, or control, and any and all documents or other
22 records in Defendants’ possession, custody, or control relating to Defendants’
23 contribution to and inducement of the infringement of Plaintiffs’ Copyrighted
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25 3. For prejudgment interest according to law.
26 4. For Plaintiffs’ attorneys’ fees and full costs incurred in this action
27 pursuant to 17 U.S.C. § 505.
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COMPLAINT
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1 5. For all such further and additional relief, in law or in equity, to which
2 Plaintiffs may be entitled or which the Court deems just and proper.
3 DEMAND FOR JURY TRIAL
4 Plaintiffs demand a trial by jury on all issues triable by jury.
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DATED: April 20, 2018 MUNGER, TOLLES & OLSON LLP
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8 By: /s/ Kelly M. Klaus
9 KELLY M. KLAUS
Attorneys for Plaintiffs
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EXHIBIT A
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Registration Registration
Title Copyright Registrant
Number Date
Amazon Content
Last Flag Flying PA 000-206-5192 11/30/2017
Services, LLC
Amazon Content
The Wall PA 000-204-3666 5/15/2017
Services, LLC
The Only Living Amazon Content
PA 000-205-2210 9/7/2017
Boy in New York Services, LLC
Amazon Content
Wonderstruck PA 000-206-9723 11/22/2017
Services, LLC
Jumanji: Welcome to Columbia Pictures
PA 000-207-2805 1/25/2018
the Jungle Industries, Inc.
Men In Black II Columbia Pictures PA 1-089-930 7/3/2002
Industries, Inc.
After Earth Columbia Pictures PA 1-841-452 5/31/2013
Industries, Inc.
Heaven is For Real Columbia Pictures PA 1-889-561 4/16/2014
Industries, Inc.
The Finest Hour Disney Enterprises, Inc. PA 1-989-069 5/27/2016
Desperate
Housewives, Season Disney Enterprises, Inc. PA 1-657-587 10/28/2009
6, Episode 3
Desperate
Housewives, Season Disney Enterprises, Inc. PA 1-711-737 12/8/2010
7, Episode 8
Desperate
Housewives, Season Disney Enterprises, Inc. PA 1-657-587 1/9/2012
8, Episode 5
Grey’s Anatomy,
Season 1 Episode Disney Enterprises, Inc. PA 1-268-281 4/12/2005
Pilot
Grey’s Anatomy,
Season 2 Episode Disney Enterprises, Inc. PA 1-313-355 2/27/2006
214
Grey’s Anatomy,
Disney Enterprises, Inc. PA 1-729-231 3/29/2011
Season 7, Episode 11
Exh A
Page 1
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Registration Registration
Title Copyright Registrant
Number Date
Okja Netflix Studios, LLC PA 2-069-657 9/18/2017
PA 2-069-656 9/18/2017
Death Note Netflix Studios, LLC
The OA, Season 1
PA 2-029-045 1/18/2017
Episode 1 Netflix Studios, LLC
Stranger Things,
PA 2-009-943 9/26/2016
Season 2, Episode 7 Netflix Studios, LLC
Paramount Pictures
10 Cloverfield Lane PA 1-978-288 3/14/2016
Corporation
Paramount Pictures
Truman Show PA 799-052 7/20/1998
Corporation
Paramount Pictures
Star Trek Beyond PA 1-994-401 7/21/2016
Corporation
Paramount Pictures
Downsizing PA 2-068-615 12/22/2017
Corporation
Sony Pictures
Breaking Bad,
Television Inc. PA 1-603-371 4/15/2008
Season 1, Episode 5
Sony Pictures
Breaking Bad,
Television Inc. PA 1-603-380 4/15/2008
Season 1, Episode 6
Sony Pictures
Breaking Bad,
Television Inc. PA 1-686-571 7/9/2010
Season 3, Episode 1
Exh A
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Registration Registration
Title Copyright Registrant
Number Date
Sony Pictures
Breaking Bad,
Television Inc. PA 1-758-566 11/1/2011
Season 4, Episode 3
Modern Family, Twentieth Century Fox
Season 1, Episode 22 Film Corporation PA 1-681-553 5/28/2010
Exh A
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Case 2:18-cv-03325 Document 1 Filed 04/20/18 Page 25 of 25 Page ID #:25
Registration Registration
Title Copyright Registrant
Number Date
Law & Order:
Special Victims Universal Television
PA 2-041-019 4/25/2017
Unit, Season 18, LLC
Episode 15
Law & Order:
Special Victims Universal Television
PA 2-080-666 11/2/2017
Unit, Season 19, LLC
Episode 5
Mr. Robot, Season 1, Universal Network
PA 1-961-149 7/14/2015
Episode 1 Television LLC
Mr. Robot, Season 1, Universal Network
PA 1-961-144 7/14/2015
Episode 3 Television LLC
Mr. Robot, Season 2, Universal Cable
PA 2-003-757 8/17/2016
Episode 5 Productions LLC
Mr. Robot, Season 2, Universal Cable
PA 2-005-193 9/8/2016
Episode 7 Productions LLC
Famous in Love, Warner Bros.
Season 1, Episode 1 Entertainment Inc. PA 2-031-323 5/4/2017
Warner Bros.
Famous in Love,
Entertainment Inc. PA 2-034-633 5/26/2017
Season 1, Episode 4
Fuller House, Season Warner Bros.
1 Episode 1 Entertainment Inc. PA 1-985-460 4/26/2016
Exh A
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