Activision Vs Strickland Complaint

Case 2:08-cv-05623-R-RC

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KARIN G. PAGNANELLI (SBN 174763) [email protected] MARL E. MAYER ( SBN 190969) mem((^^ msk.com MITCHELL SILBERBERG & KNUPP LLP 11377 West Olympic Boulevard Los Angeles , California 90064-1683 Telephone : (310) 312-2000 Facsimile : (310) 312-3100 Attorneys for Plaintiff ACTIV SION PUBLISHING, INC.

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

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ACTIVISION PUBLISHING, INC.,

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Plaintiff, COMPLAINT FOR COPYRIGHT INFRINGEMENT

v. JAMES R. STRICKLAND aka RYAN STRICKLAND,

16 Defendant. 17 18 19 20 21 22 23 24 25 26 27 Mitchell 28 Silberberg & Knapp LLP

1944583.1

CASE NO.

Case 2:08-cv-05623-R-RC

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JURISDICTION AND VENUE

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1.

This is a civil action seeking damages and injunctive relief for

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copyright infringement under the copyright laws of the United States (17 U.S.C.

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§ 101 et seq.).

6 2.

This Court has jurisdiction under 17 U.S.C. § 101 et seq.; 28 U.S.C.

§ 1331 (federal question); and 28 U.S.C. § 1338(a) (copyright).

3.

This Court has personal jurisdiction over the Defendant, and venue in

this District is proper under 28 U.S.C. § 1391(b), in that the acts of infringement complained of herein originated in this District.

PARTIES

4.

Plaintiff Activision Publishing, Inc. is a corporation duly organized

and existing under the laws of the State of Delaware, with its principal place of business in the State of California.

5.

Plaintiff is informed and believes that Defendant is an individual

residing in the State of New York.

COUNTI INFRINGEMENT OF COPYRIGHTS

6.

Plaintiff incorporates herein by this reference each and every

allegation contained in each paragraph above. Mitchell 28 Silberberg & Knupp LLP 1944583.1 11

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Among other video games, Plaintiff is, and at all relevant times has

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been, the copyright owner or licensee of exclusive rights under United States

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copyright with respect to Call of Duty 3 (Xbox 360), which is the subject of a valid

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Certificate of Copyright Registration issued by the Register of Copyrights, (PA 1-

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375-497) ("Copyrighted Video Game").

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8.

Among the exclusive rights granted to Plaintiff under the Copyright

Act are the exclusive rights to reproduce the Copyrighted Video Game, to make or create derivative works from the Copyrighted Video Game, and to distribute the Copyrighted Video Game to the public.

9.

Plaintiff is informed and believes that Defendant, without the

permission or consent of Plaintiff, has copied the Copyrighted Video Game and distributed the Copyrighted Video Game to the public. In doing so, Defendant has violated Plaintiff's exclusive rights of reproduction and distribution. Defendant's actions constitute infringement of Plaintiff's copyrights and exclusive rights under copyright. (Plaintiff is informed and believes that Defendant, without the permission or consent of Plaintiff, has copied and/or distributed other copyrighted video games - games not yet the subject of this lawsuit. After Plaintiff completes its investigation, Plaintiff intends to amend this Complaint to add additional acts of infringement.).

10.

The foregoing acts of infringement have been willful and intentional,

in disregard of and indifference to the rights of Plaintiff.

11.

As a result of Defendant's infringement of Plaintiff's copyrights and

exclusive rights under copyright, Plaintiff is entitled to statutory damages ranging Mitchell Silberberg & 28 Knupp LLP

1944583.1

from $30,000 to $150,000 for each infringement of each Copyrighted Video Game

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pursuant to 17 U.S.C. §504. Plaintiff further is entitled to its attorneys' fees and

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costs pursuant to 17 U.S.C. §505.

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The conduct of Defendant is causing and, unless enjoined and

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restrained by this Court, will continue to cause, Plaintiff great and irreparable

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injury that cannot fully be compensated or measured in money. Plaintiff has no adequate remedy at law. Pursuant to 17 U.S.C. §§502 and 503, Plaintiff is entitled to injunctive relief prohibiting Defendant from further infringing Plaintiff's copyrights.

WHEREFORE, Plaintiff prays for judgment against Defendant as follows:

1.

For an injunction providing:

"Defendant shall be and hereby is enjoined from directly or indirectly infringing Plaintiff's rights under federal or state law with respect to any copyrighted video games, whether now in existence or later created, that is owned or controlled by, or exclusively licensed to, Plaintiff (or any parent, subsidiary, or affiliate of Plaintiff).

Defendant also shall destroy all copies of any copyrighted video game that Defendant has, without the permission of Plaintiff, in his possession, custody or control."

2.

For statutory damages ranging from $30,000 to $150,000 for each

infringement of each Copyrighted Video Game pursuant to 17 U.S.C. §504. Mitchell Silberberg & 28 Knupp U.P

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3.

For Plaintiff s costs in this action.

4.

For Plaintiff's reasonable attorneys' fees incurred herein.

5.

For such other and further relief as the Court may deem just and proper.

2 3 4 5 6 DATED: August 26, 2008

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KARIN G. PAGNANELLI MARC E. MAYER MITCHELL SILBERBERG & KNUPP LLP

By. Kfir n G. Pa ' eli

Attorn yys for Plaintiff ACTIVSION PUBLISHING, INC.

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Mitchell

Silberberg &

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Knupp LLP

1944583.1

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UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE FOR DISCOVERY

This case has been assigned to District Judge Manuel Real and the assigned discovery Magistrate Judge is Rosalyn M. Chapman. The case number on all documents filed with the Court should read as follows:

CV08- 5623 R (RCx) Pursuant to General Order 05-07 of the United States District Court for the Central District of California, the Magistrate Judge has been designated to hear discovery related motions.

Unless otherwise ordered, the United States District Judge assigned to this case will hear and determine all discovery related motions.

NOTICE TO COUNSEL A copy of this notice must be served with the summons and complaint on all defendants (if a removal action is filed, a copy of this notice must be served on all plaintiffs). Subsequent documents must be filed at the following location: [X] Western Division 312 N . Spring St., Rm . G-8 Los Angeles , CA 90012

Ll Southern Division 411 West Fourth St., Rm . 1-053 Santa Ana, CA 92701 -4516

L]

Eastern Division 3470 Twelfth St., Rm. 134 Riverside , CA 92501

Failure to file at the proper location will result in your documents being returned to you.

CV-18 (03/06)

NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE FOR DISCOVERY

Case (SBN 2:08-cv-05623-R-RC Karin G. Pagnanelli 174763) [email protected] Marc E. Mayer (SBN 190969) [email protected] Mitchell Silberberg & Knupp LLP 11377 W. Olympic Boulevard Los Angeles, CA 90064 Telephone: 310-312-2000 Facsimile: 310-312-3100

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UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CASE NUMBER

ACTIVISION PUBLISHING, INC. PLAINTIFF(S)

V

JAMES R. STRICKLAND aka RYAN STRICKLAND

SUMMONS

DEFENDANT(S).

TO:DEFENDANT(S): JAMES R. STRICKLAND aka RYAN STRICKLAND A lawsuit has been filed against you. Within 20 days after service of this summons on you (not counting the day you received it), you must serve on the plaintiff an answer to the attached ® complaint ❑ amended complaint I counterclaim ❑ cross-claim or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff's attorney, Karin G. Pagnanelli, whose address is Mitchell Silberberg & Knupp LLP, 11377 W. Olympic Boulevard, Los Angeles, CA 90064. If you fail to do so, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court.

Clerk, U.S. District Court

Dated:

AN 2 7 2008

LATEE HORN By: Deputy Clerk

[Use 60 days if the defendant is the United States or a United States agency, or is an o 60 days by Rule 12(a)(3)J.

CV-01A (12/07)

SUMMONS

he United States. Allowed

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UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA CIVIL COVER SHEET I (a) PLAINTIFFS (Check box if you are representing yourself ❑)

DEFENDANTS

JAMES R. STRICKLAND aka RYAN STRICKLAND

ACTIVISION PUBLISHING, INC.

(b) Attorneys (Firm Name, Address and Telephone Number. If you are representing oursel> provide same.

Attorneys (If Known)

Karin G. Pagnanelli (SBN 174763) [email protected] Marc E. Mayer (SBN 190969) [email protected] Mitchell Siilberberg & Knupp LLP 11377 W. Olympic Blvd., Los Angeles, CA 90064 Facsimile: 310-312-3100 Telephone: 310-312-2000 11. BASIS OF JURISDICTION (Place an X in one box only.)

III. CITIZENSHIP OF PRINCIPAL PARTIES - For Diversity Cases Only (Place an X in one box for plaintiff and one for defendant.) PTF DEF

3 Federal Question (U.S.

1 U.S. Government Plaintiff

Goverment Not a Party

Citizen of This State

4 Diversity (Indicate Citizenship Citizen of Another State of Parties in Item III)

2 U.S. Government Defendant

PTF DEF

❑4 ❑4

❑ 1 ❑ 1

corporated or Principal Place of Business in this State

❑2 ❑2

Incorporated and Principal Place ❑ 5 ❑ 5 of Business in Another State

Citizen or Subject of a Foreign Country ❑ 3 ❑ 3

❑6 ❑6

-reign Nation

IV. ORIGIN Place an X in one box on] .

® 1 Original

3 Remanded from

2 Removed from State Court

Proceeding

5 Transferred from another dis trict (specify):

4 Reinstated or

Appellate Court

6 Multi-

7 Appeal to District

District Litigation

Reopened

Judge from Magistrate Judge

V. REQUESTED IN COMPLAINT: JURY DEMAND: ❑ Yes ® No (Check'Yes' onl if demanded in complaint.) LASS ACTION under F.R.C.P. 23: ❑ Yes ® No

❑ MONEY DEMANDED IN COMPLAINT: S

VI. CAUSE OF ACTION (Cite the U. S. Civil Statute under which you are filing and write a brief statement of cause. Do not cite jurisdictional statutes unless diversity.)

17 U.S.C. section 501 et se g. - copyright infringement VII. NATURE OF SUIT ❑ ❑ ❑ ❑

lace an X in one box on ly.) 1 t0 Insurance 120 Marine 130 Miller Act 140 Negotiable Instrument

400 State Reapportionment 410 Antitrust 430 Banks and Banking 450 CommerceACC

❑ 150 Recovery of

Ratesietc.

❑ 310 Airplane 315 Airplane Product Liability

370 Other Fraud 371 Truth in Lending

❑ 320 Assault, Libel &

380 Other Personal

Overpayment &

Slander

❑ 470 Racketeer Influenced and Corrupt

Enforcement of Judgment

❑ 330 Fed. Employers' Liability

385 Property Damage Product Liability

❑ 340 Marine ❑ 345 Marine Product

22 Appeal 28 USC

151 Medicare Act 152 Recovery of Defaulted

Student Loan (Excl. ❑ 490 Cable/Sat TV Veterans) ❑ 810 Selective Service 153 Recovery of ❑ 850 Securities/Commodities/ ❑ Overpayment of Exchange Veteran's Benefits E] 75 8. Customer Challenge 12 160 Stockholders' Suits USC 3410 190 Other Contract q Actions ❑ 890 Other Statutory ❑ 195 Contract Product ❑ 891 Agricultural Act

Liability 196 Franchise

❑ 892 Economic Stabilization Act 893 Environmental Matters 894 Energy Allocation Act ❑ 895 Freedom of Info. Act 900 Appeal of Fee Determination Under Equal Access to Justice ❑ 950 Constitutionality of State ❑

El ❑ ❑ ❑

Liability 350 Motor Vehicle 355 Motor Vehicle Product Liability El 360 Other Personal

Injury

158 423 Withdrawal 28 USC 157 441 Voting

442 Employment

E] 362 Personal InjuryMed Malpractice

443 Housin Accommodations

❑ 365 Personal InjuryProduct Liability

444 Welfare 445 American with

i ❑ 368 Asbestos Personal Disabilities ll'EI+ } Injury Product Employment 2[0 Land Condemnation Liability ❑ 446 American with 220 Foreclosure -,• .,• ,. Disabilities 230 Rent Lease & Ejectment Other 462 Naturalization ❑ 240 Torts to Land 440 Other Civil Application 245 Tort Product Liability 463 Hab eas C orpusRi g hts ❑ 290 All Other Real Property

❑ 730 Labor/Mgmt.

530 General 535 Death Penalty

Property Damage

❑ 460 Deportation

Organizations ❑ 480 Consumer Credit

710 Fair Labor Standards 510 Motions to Vacate Act Sentence Habeas ❑ 720 Labor/Mgmt. Corpus Relations

540 Mandamus/ Other

Reporting &

Disclosure Act ❑ 740 Railway Labor Act

❑ 790 Other Labor ❑ 550 Civil Rights Litigation ❑ 555 Prison Condition

zv,

❑ 791 Empl. Ret. Inc. Security Act

'

❑ 610 Agriculture 620 Other Food & Drug

625 Drug Related

820 Copyrights 830 Patent

840 Trademark

881 630 Liquor Laws 640 R.R.& Truck 650 Airline Regs 660 Occupational Safety /Health 690 Other

862 Black Lung (923) 863 DIWC/DIWW 405 (g)) ❑ 864 SSID Title XVI ❑ 865 RS[ (405(g)) ' la - '

870 Taxes (U.S. Plaintiff or Defendant ) 871 IRS-Third Party 26

Alien Detainee

Statutes

_

ti ..m gl t 1 11 Seizure of = Property 21 USC ❑ 61 HtA(1395f1)

USC 7609

❑ 465 Other Immigration Actions

FOR OFFICE USE ONLY:

Case Number:

AFTER COMPLETING THE FRONT SIDE OF FORM CV-71, COMPLETE THE INFORMATION REQUESTED BELOW.

CIVIL COVER SHEET

CV-71(05/08+1c^ L

)

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UNITED STATES DISTRICT COURT, CENTRAL DISTRICEOF CALIFORNIA CML COVER SHEET a IDENTICAL CASES: Has this action been previously fled in this court and dismissed, remanded or closed? "® No If es, list case number(s): ). RELATED CASES: Have an cases been previously filed in this court that are related to the resent case? ® No ❑ Yes es, list case nurnbe s 'I cases are deemed related if a previously filed case and the-present case: (Check all boxes that apply) [I A. Arise from the same or closely related transactions, happenings, or events; or ❑ B. Call for determination of the same or substantially related or similar questions of law and fact; or ❑ C. For other reasons would entail substantial duplication of labor if heard by different judges; or ❑ D. Involve the same patent, trademark. or copyright, and one of the factors identified above in a, b or c also is present. VENUE: (When completing the following information, use an additional.sheet if necessary.) a)

List the County in this District; California County outside of this District; State if other than California; or Foreign Country, in which EACH named plaintiff resides. Check here if the government, its agencies or employees is a named laintif£ If this box is checked o to item b). California County outside of this Distnck State, if other than California; or Foreign Country ..

County.in this District:'

Los Angeles

b)

List the County in this District; California County outside of this District-, State if other than California; or Foreign Country, in which EACH named defendant resides. Check here if the government, its agencies or employees is a named defendant. If this box is checked, go to item (c)_ California County outside of this District; State, if other than California; or Foreign Country

County in this District:*

Wyoming

c)

List the County in this District; California County outside of this District; State if other than California; or Foreign Country, in which EACH claim arose. Note: In land condemnation cases, use the location of the tract of land involved California County outside of this District; State, if other than California; or Foreign Country

County in this District:'

Wyoming * Los Angeles, Orange, San Bernardino, Riverside, Ventura, Santa Barbara, or San Luis Obispo Counties land in Ived Note: In land condemnation cases, use the location of the trac . SIGNATURE OF ATTORNEY OR PRO PER :

ate

ll'

ugust 26, 2008

Karih G. PagrraWli Notice to CounseltParties : The CV-71 (JS-44) Civil Cover Sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law. This form, approved by the Judicial Conference of the United States in September 1974, is required pursuant to Local Rule 3 -1 is not filed but is used by the Clerk of the Court for the purpose of statistics, venue and initiating the civil docket sheet- (For more detailed instructions, see separate instructions sheet.)

CV-71 (05/08)

CIVIL COVER SHEET

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