Camelot Distribution Group, Inc. v. Does

Filing 11

NOTICE OF MOTION AND MOTION for Hearing Expedite Discovery filed by Plaintiff Camelot Distribution Group, Inc.. Motion set for hearing on 3/30/2011 at 10:00 AM before Magistrate Judge Fernando M. Olguin. (Attachments: # 1 Memorandum, # 2 Declaration, # 3 Exhibit A - Plamondon Decl., # 4 Exhibit B - Plamondon Decl., # 5 Exhibit C - Plamondon Decl., # 6 Proposed Order)(Plamondon, Scott)

Camelot Distribution Group, Inc. v. Does

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LAW CORPORATION

Scott Hervey, State Bar No. 180188 Scott M. Plamondon, State Bar No. 212294

weintraub genshlea chediak
a law corporation

400 Capitol Mall, 11th Floor Sacramento, CA 95814 [phone] ­ Main [phone] ­ Facsimile Attorneys for Plaintiff Camelot Distribution Group, Inc.

IN THE UNITED STATES DISTRICT COURT IN AND FOR THE CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION

CAMELOT DISTRIBUTION GROUP, INC., Plaintiff, vs. DOES 1 through 5865, inclusive, Defendants.

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Case No.: CV11-01949 DDP (FMOx) DECLARATION OF SCOTT M. PLAMONDON IN SUPPORT OF PLAINTIFF'S MOTION FOR EXPEDITED DISCOVERY Hearing Date: Time: Place: March 30, 2011 10:00 a.m. 312 N. Spring St. Los Angeles, CA 90012

I, Scott M. Plamondon, declare as follows: 1. I am an attorney licensed to practice before all courts of the State of California

and am Of Counsel with Weintraub Genshlea Chediak Law Corporation ("our firm"), attorneys of record for plaintiff Camelot Distribution Group, Inc. ("Plaintiff" or "Camelot"). I have personal knowledge of the facts set forth in this declaration except as to matters stated upon information and belief, and as to those matters I believe them to be true and if called upon to do so, I could and would competently so testify under oath. 2. Camelot commenced this action by filing a complaint on March 7, 2011. A

true and correct copy of the complaint is attached hereto as Exhibit A. 1
Declaration of Scott M. Plamondon In Support of Plaintiff's Motion for Expedited Discovery CV11-01949 DDP (FMOx)

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LAW CORPORATION

3.

Plaintiff is the exclusive United States distributor of the motion picture titled Nude

Nuns With Big Guns (the "Motion Picture"). The Defendants, and each of them, are believed to have engaged in the distribution of the Motion Picture via one or more peer to peer ("P2P") networks through the use of software which operates using the BitTorrent protocol. 4. The BitTorrent protocol is a digital communications protocol capable of

enabling users to distribute large files without placing a heavy load on the source computer and network. Rather than downloading a file from a single source, the BitTorrent protocol allows users to join a "swarm" comprised of multiple users hosting data on their personal computer to download and upload data from each other simultaneously. A user who wants to make a file available that is not already on this type of P2P system will first create a small torrent descriptor file which is then distributed by conventional means (web, email, etc.). He then makes a complete copy of the file itself available through a BitTorrent node. This original complete copy is known as a seed. Those who have acquired the torrent descriptor file can give it to their own BitTorrent nodes which, acting as peers, download it by connecting to the seed and/or other peers. The file is then distributed by dividing it into segments called pieces. As each peer receives a new piece of the file, that peer becomes a source of that piece to other peers, relieving the original seed from having to send a copy to every peer. 5. With BitTorrent, the task of distributing the file is shared by those who want it.

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Using the BitTorrent protocol it is possible for the seed to send only a single copy of the file itself to an unlimited number of peers. When a peer completely downloads a file, it becomes an additional seed. This eventual shift from peers to seeders determines the overall "health" of the file (as determined by the number of times a file is available in its complete form). This distributed nature of BitTorrent leads to a flood-like spreading of a file throughout peers. As more peers join the swarm, the downloading speed and the likelihood of a successful download increases. Relative to standard Internet hosting, use of the BitTorrent protocol

provides a significant reduction in the original distributor's hardware and bandwidth resource costs. It also provides redundancy against system problems, reduces dependence on the

original distributor and provides a source for the file which is generally temporary and therefore 2
Declaration of Scott M. Plamondon In Support of Plaintiff's Motion for Expedited Discovery CV11-01949 DDP (FMOx)

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harder to trace than when provided by the enduring availability of a host in standard file distribution techniques. 6. The true names of Defendants are unknown to the Plaintiff at this time. Each

Defendant is known to the Plaintiff only by the Internet Protocol ("IP") address assigned to that Defendant by his or her Internet Service Provider on the date and at the time at which the infringing activity of each Defendant was observed. Only the ISP who issued the IP address connected with the unauthorized downloading holds the ability to specifically identify the subscriber associated with the identified IP addresses. A true and correct list of each of the Internet Service Providers who issued an IP address associated with the unlawful downloading activity is attached hereto as Exhibit B. 7. A true and correct copy of the list of IP addresses associated with the unlawful

downloading activity is attached hereto as Exhibit C. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 18th day of March, 2011, at Sacramento, California. /s/ Scott M. Plamondon Scott M. Plamondon (SBN 212294)

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Declaration of Scott M. Plamondon In Support of Plaintiff's Motion for Expedited Discovery CV11-01949 DDP (FMOx)