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Triller Lawsuit h3 Podcast
Triller Lawsuit h3 Podcast
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FIRST AMENDED COMPLAINT
4820-8923-8759, v. 2
Case 2:21-cv-03502-PA-RAO Document 20 Filed 04/29/21 Page 3 of 21 Page ID #:112
1 unlawful infringement and rampant theft of its copyrighted work by the Defendants.
2 Defendants, and each of them, have utilized various torrent and streaming websites
3 such as https://youtube.com, https://filmdaily.co, https://accesstvpro.co,
4 https://online2livestream.us, https://crackstreamslive.com, https://sports-today.club/,
5 https://my-sports.club/, and https://bilasports.com to unlawfully upload, distribute,
6 and publicly display, without authorization, the Broadcast to the users of such
7 websites. Upon information and belief, Defendants, and each of them, acted
8 knowingly, willfully, unlawfully and with blatant disregard to Plaintiff’s copyright in
9 the Broadcast by uploading the Broadcast to the aforementioned websites with
10 additional shareable payment links, such as PayPal links, which allow users to remit
11 direct payments to the various Defendants in order to fund and endorse each respective
12 Defendants’ infringement of Plaintiff’s Broadcast. Defendants’ calculated and
13 reprehensible infringement, theft, and other unlawful acts—committed in knowing
14 violation of the law—has resulted in damages suffered by Plaintiff in excess of
15 $100,000,000.00, by stealing and diverting upwards of 2,000,000 unique viewers of
16 the illegal and unauthorized viewings of the Broadcast from Plaintiff.
17 2. Acting with intentional and knowing disregard of Plaintiff’s exclusive
18 rights in the Broadcast, Defendants—who are nothing less than cyber-criminals—
19 employ various user profiles on websites, including those mentioned above, to
20 illegally upload copyrighted programming, including the Broadcast, and to facilitate
21 the unauthorized copying, sharing, downloading, uploading, and distribution of such
22 programming. Through their egregious conduct, Defendants also encourage other
23 online users to copy, share, download, distribute and share the Broadcast on the
24 aforementioned websites. Defendants further unlawfully facilitate, participate, and
25 induce other users to engage in the unauthorized reproduction, adaptation, distribution
26 and public display of Plaintiff’s copyrighted Broadcast all to line their own pockets
27 with monies that belong to Plaintiff.
28 3. Notwithstanding each Defendants’ recognition that Plaintiff never
4
FIRST AMENDED COMPLAINT
4820-8923-8759, v. 2
Case 2:21-cv-03502-PA-RAO Document 20 Filed 04/29/21 Page 5 of 21 Page ID #:114
1 and inducing the sharing of videos and live programing of audiovisual materials
2 between users of the website. Those materials include programming owned and/or
3 controlled by Plaintiff, including the Broadcast, which was offered by
4 Crackstreamslive.com through its illegal uploading and distribution of the Broadcast.
5 13. Upon information and belief, Defendant Sports-today.club is a business
6 entity, the exact nature of which is unknown, doing business in the State of California.
7 Upon information and belief, Sports-today.club offers the website https://sports-
8 today.club/ for the purpose of permitting, encouraging, facilitating, and inducing the
9 sharing of videos and live programing of audiovisual materials between users of the
10 website. Those materials include programming owned and/or controlled by Plaintiff,
11 including the Broadcast, which was offered by Sports-today.club through its illegal
12 uploading and distribution of the Broadcast.
13 14. Upon information and belief, Defendant My-sports.club is a business
14 entity, the exact nature of which is unknown, doing business in the State of California.
15 Upon information and belief, My-sports.club offers the website https://my-sports.club/
16 for the purpose of permitting, encouraging, facilitating, and inducing the sharing of
17 videos and live programing of audiovisual materials between users of the website.
18 Those materials include programming owned and/or controlled by Plaintiff, including
19 the Broadcast, which was offered by My-sports.club through its illegal uploading and
20 distribution of the Broadcast.
21 15. Upon information and belief, Defendant Bilasport.com is a business
22 entity, the exact nature of which is unknown, doing business in the State of California.
23 Upon information and belief, Bilasport.com offers the website https://bilasports.com
24 for the purpose of permitting, encouraging, facilitating, and inducing the sharing of
25 videos and live programing of audiovisual materials between users of the website.
26 Those materials include programming owned and/or controlled by Plaintiff, including
27 the Broadcast, which was offered by Bilasport.com through its illegal uploading and
28 distribution of the Broadcast.
7
FIRST AMENDED COMPLAINT
4820-8923-8759, v. 2
Case 2:21-cv-03502-PA-RAO Document 20 Filed 04/29/21 Page 8 of 21 Page ID #:117
1 entity, the exact nature of which is unknown, doing business in the State of
2 California. Upon information and belief, Eclipt Gaming operates the Youtube
3 channel located at
4 https://www.youtube.com/channel/UCc6_H_Qrmy_yGUe6M6vOClw for the
5 purpose of permitting, encouraging, facilitating, and inducing the sharing of videos
6 and live programing of audiovisual materials between users of the website. Those
7 materials include programming owned and/or controlled by Plaintiff, including the
8 Broadcast, which was offered by Eclipt Gaming through its illegal uploading and
9 distribution of the Broadcast.
10 20. Upon information and belief, Defendant ItsLilBrandon is a business
11 entity, the exact nature of which is unknown, doing business in the State of
12 California. Upon information and belief, ItsLilBrandon operates the Youtube channel
13 located at https://www.youtube.com/channel/UCc6_H_Qrmy_yGUe6M6vOClw for
14 the purpose of permitting, encouraging, facilitating, and inducing the sharing of
15 videos and live programing of audiovisual materials between users of the website.
16 Those materials include programming owned and/or controlled by Plaintiff,
17 including the Broadcast, which was offered by ItsLilBrandon through its illegal
18 uploading and distribution of the Broadcast.
19 21. Upon information and belief, Defendant H3 Podcast is a business entity,
20 the exact nature of which is unknown, doing business in the State of California. Upon
21 information and belief, the H3 Podcast—through its hosts Ethan and Hila Klein—
22 operates the Youtube channel located at
23 https://www.youtube.com/channel/UCLtREJY21xRfCuEKvdki1Kw for the purpose
24 of permitting, encouraging, facilitating, and inducing the sharing of videos and live
25 programing of audiovisual materials between users of the website. Those materials
26 include programming owned and/or controlled by Plaintiff, including the Broadcast,
27 which was offered by the H3 Podcast through its illegal uploading and distribution of
28 the Broadcast.
9
FIRST AMENDED COMPLAINT
4820-8923-8759, v. 2
Case 2:21-cv-03502-PA-RAO Document 20 Filed 04/29/21 Page 10 of 21 Page ID #:119
1 22. Upon information and belief, Defendant H3H3 is a business entity, the
2 exact nature of which is unknown, doing business in the State of California. Upon
3 information and belief, H3H3—through Ethan and Hila Klein—operates the Youtube
4 channel located at https://www.youtube.com/user/h3h3Productions for the purpose of
5 permitting, encouraging, facilitating, and inducing the sharing of videos and live
6 programing of audiovisual materials between users of the website. Those materials
7 include programming owned and/or controlled by Plaintiff, including the Broadcast,
8 which was offered by H3H3 through its illegal uploading and distribution of the
9 Broadcast.
10 23. Plaintiff is informed and believes, and thereon alleges, that the actions
11 and omissions that serve as the basis for this complaint were undertaken jointly and
12 with the consent, conspiracy, cooperation, and joint participation of all defendants.
13 24. Plaintiff is informed and believes, and thereon alleges, that at all times
14 mentioned herein, each defendant was the agent, joint venture, and/or employee of
15 each and every other defendant, and in doing the things alleged in this complaint, each
16 defendant was acting within the course and scope of such agency, joint venture, and/or
17 employment and with the permission and consent of each of the other defendants.
18 25. The true names and capacities, whether individual, corporate, associate,
19 or otherwise, of Defendants named herein as DOES 1 through 10, inclusive, and each
20 of them, are unknown to Plaintiff at this time. Plaintiff therefore sues said Defendants,
21 and each of them, by such fictitious names. Plaintiff will advise the Court and seek
22 leave to amend this Complaint when the true names and capacities of each such
23 Defendant has been ascertained. Plaintiff is informed and believes, and based thereon
24 alleges, that each such Defendant designated as a DOE is responsible in some manner
25 for the events and happenings referred to herein or as hereinafter specifically alleged.
26 COUNT ONE:
27 (For Copyright Infringement Against All Defendants)
28 26. Plaintiff hereby realleges, and by this reference incorporates herein, each
10
FIRST AMENDED COMPLAINT
4820-8923-8759, v. 2
Case 2:21-cv-03502-PA-RAO Document 20 Filed 04/29/21 Page 11 of 21 Page ID #:120
1 and every allegation of preceding and subsequent paragraphs as though fully set forth
2 herein.
3 27. Plaintiff is the owner of the copyrights to the Broadcast, including all
4 undercard bouts and the entire television Broadcast. Plaintiff’s rights include, but are
5 not limited to, all moving images and other audio/video content which were
6 broadcasted via encrypted satellite signal. The Broadcast originated via satellite uplink
7 and were subsequently retransmitted to cable systems and satellite companies via
8 satellite signal and/or retransmitted via satellite signal to licensed content distributors
9 such as Plaintiff’s authorized, online platforms.
10 28. As the copyright holder to the rights of the Broadcast, Plaintiff has the
11 exclusive right to copy, publicly perform and distribute it.
12 29. Defendants, and each of them, failed to obtain the property authority or
13 license from Plaintiff to copy, publicly perform or distribute the Broadcast.
14 30. Upon information and belief, Defendants illegally copied, uploaded,
15 publicly performed and distributed the Broadcast via the internet with full knowledge
16 that the Broadcast could only be obtained by purchasing a license from Plaintiff.
17 31. Defendants, and each of them, have utilized various torrent and
18 streaming websites such as https://filmdaily.co, https://accesstvpro.co,
19 https://online2livestream.us, https://crackstreamslive.com, https://sports-today.club/,
20 https://my-sports.club/, https://bilasports.com, and https://youtube.com to upload,
21 distribute, and publicly display the Broadcast to the users of such website in direct
22 violation of the exclusive rights owned by Plaintiff.
23 32. Specifically, upon information and belief, the Defendants, and each of
24 them, obtained the Broadcast through internet websites, cable and/or satellite Pay-Per-
25 View purchase intended for private, non-commercial viewing, and subsequently
26 illegally re-transmitted the Broadcast and publicly exhibited the Broadcast by illegally
27 copying and uploading the Broadcast to the aforementioned websites for other users
28 to also illegally view, download, access, share, and distribute.
11
FIRST AMENDED COMPLAINT
4820-8923-8759, v. 2
Case 2:21-cv-03502-PA-RAO Document 20 Filed 04/29/21 Page 12 of 21 Page ID #:121
1 Plaintiff, either via cable or satellite TV, agreed not to reproduce, distribute, or
2 transmit any of Plaintiff’s materials, including the Broadcast.
3 61. Upon information and belief, Defendants, and each of them, purchased
4 the Broadcast through Plaintiff’s authorized websites or via Pay-Per-View purchase
5 for private, residential viewing.
6 62. Upon information and belief, with full knowledge that the Broadcast was
7 not to be unlawfully copied and distributed by individuals unauthorized to do so,
8 Defendants willfully and unlawfully copied, uploaded and distributed the Broadcast
9 to users of torrent and streaming websites such as https://youtube.com,
10 https://filmdaily.co, https://accesstvpro.co, https://online2livestream.us,
11 https://crackstreamslive.com, https://sports-today.club/, https://my-sports.club/,and
12 https://bilasports.com so that the Broadcast could be accessed free of charge.
13 63. As a proximate result of Defendants breach of their respective agreements
14 with Plaintiff, Plaintiff has been damaged through the loss of substantial amounts of
15 revenue, loss of business, loss of good-will and loss of customers, the sum value of
16 which will be proven at trial but which is an amount no less than $100,000,000.00
17 COUNT SIX
18 (For Conspiracy Against All Defendants)
19 64. Plaintiff hereby realleges, and by this reference incorporates herein, each
20 and every allegation of preceding and subsequent paragraphs as though fully set forth
21 herein.
22 65. Upon information and belief, Defendants, and each of them, had an
23 agreement between two or more persons.
24 66. Upon information and belief, pursuant to the respective Defendants’
25 agreements, Defendants set out to intentionally, willfully, and unlawfully access and
26 copy Plaintiff’s Broadcast and subsequently upload the Broadcast for distribution and
27 public display in exchange for direct contributions from the users of the websites
28 known as such as https://youtube.com, https://filmdaily.co, https://accesstvpro.co,
16
FIRST AMENDED COMPLAINT
4820-8923-8759, v. 2
Case 2:21-cv-03502-PA-RAO Document 20 Filed 04/29/21 Page 17 of 21 Page ID #:126
1 Broadcast which was copied, uploaded, and distributed by Defendants, and each of
2 them.
3 77. Defendants derived a financial benefit from such users’ activities on the
4 aforementioned websites by directing such users to external and/or shareable payment
5 links, such as PayPal links, whereby users could remit direct payments to Defendants
6 in order to compensate, fund and endorse each respective Defendants’ infringement of
7 Plaintiff’s Broadcast.
8 78. By reason of Defendants’ conduct as described herein, Defendants, and
9 each of them, willfully violated 17 U.S.C. § 501.
10 79. Due to Defendants’ acts of copyright infringement as alleged herein,
11 Defendants have obtained direct and indirect profits Defendants would not otherwise
12 have realized but for Defendants’ infringement of the Broadcast. As such, Plaintiff is
13 entitled to disgorgement of Defendant’s profits directly and indirectly attributable to
14 Defendants’ infringement of the Broadcast, in an amount to be established at trial but
15 no less than $100,000,000.00.
16 80. Plaintiff is further entitled to its attorney’s fees and full costs pursuant to
17 17 U.S.C. § 505.
18 PRAYER FOR RELIEF
19 WHEREFORE, Plaintiff prays for judgment against Defendants, and each of
20 them, as follows:
21 AS TO COUNT ONE:
22 1. That Defendants, Defendants’ employees, representatives, and agents be
23 enjoined from copying, uploading, distributing, selling, or otherwise
24 infringing on Plaintiff’s copyright in the Broadcast;
25 2. That Plaintiff be awarded all profits of Defendants plus all losses of
26 Plaintiff, the exact sum to be proven at the time of trial but in no event
27 less than $100,000,000.00; and
28 3. That an order be issued requiring Defendants, and each of them, to
19
FIRST AMENDED COMPLAINT
4820-8923-8759, v. 2
Case 2:21-cv-03502-PA-RAO Document 20 Filed 04/29/21 Page 20 of 21 Page ID #:129
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FIRST AMENDED COMPLAINT
4820-8923-8759, v. 2