Verizon Faces Contributory Infringement Claims for Enabling Piracy

CLAIMS FOR RELIEF

Count I – Contributory Infringement

85. Plaintiffs repeat and re-allege each and every allegation contained in paragraphs 1 through 84 as if fully set forth herein.

86. Plaintiffs own or exercise exclusive control in the U.S. over rights in the sound recordings listed in Exhibit A, which represent an illustrative and non-exhaustive list of Plaintiffs’ works infringed by Verizon’s subscribers. All of the sound recordings listed on Exhibit A have been duly registered with the U.S. Copyright Office or, for sound recordings fixed before February 15, 1972, submitted to and publicly indexed by the U.S. Copyright Office pursuant to 17 U.S.C. § 1401.

87. Verizon’s subscribers, using Internet access and services provided by Verizon, have unlawfully and without authorization reproduced and distributed via BitTorrent thousands of Plaintiffs’ sound recordings, including those listed on Exhibit A and many others.

88. The foregoing activity by Verizon’s subscribers constitutes direct infringement in violation of the Copyright Act, 17 U.S.C. §§ 106 and 501, et seq. and the Music Modernization Act, 17 U.S.C. § 1401.

89. Verizon is liable as a contributory infringer for the direct infringements described above.

90. Through Plaintiffs’ infringement notices and other means, Verizon had knowledge that its network was being used to infringe Plaintiffs’ works on a massive scale, and also knew of specific subscribers engaged in such repeated and flagrant infringement of specific works.

91. Verizon nevertheless facilitated, encouraged, and materially contributed to such infringement by continuing to provide its services, network, and the facilities necessary for its subscribers to commit repeated infringements. Verizon had the means to withhold that assistance upon learning of specific infringing activity by specific users but failed to do so.

92. By purposefully ignoring and turning a blind eye to its subscribers’ flagrant and repeated infringements, Verizon knowingly caused and materially contributed to the unlawful reproduction and distribution of Plaintiffs’ works, including but not limited to those listed on Exhibit A, in violation of Plaintiffs’ exclusive rights under the copyright laws of the United States.

93. Each infringement of Plaintiffs’ sound recordings constitutes a separate and distinct act of infringement. Plaintiffs’ claims of infringement against Verizon are timely because they all fall within the Copyright Act’s statute of limitations set forth at 17 U.S.C. § 507, as extended by a tolling agreement between the parties.

94. The foregoing acts of infringement by Verizon have been willful, intentional, and purposeful, in disregard of Plaintiffs’ rights. Indeed, the sound recordings listed on Exhibit A represent a non-exhaustive list of works infringed by Verizon’s subscribers after those particular subscribers were identified to Verizon in multiple infringement notices.

95. As a direct and proximate result of Verizon’s willful infringement of Plaintiffs’ copyrights and other exclusive rights, Plaintiffs are entitled to statutory damages, pursuant to 17 U.S.C. § 504(c), in an amount of up to $150,000 with respect to each work infringed. Alternatively, at Plaintiffs’ election, Plaintiffs shall be entitled to their actual damages pursuant to 17 U.S.C. § 504(b), including Verizon’s profits from the infringements, as will be proven at trial.

96. Plaintiffs are also entitled to their attorneys’ fees and full costs pursuant to 17 U.S.C. § 505.