Coupons, Inc. v. Stottlemire

Filing 150

ANSWER to Third Amended Complaint re ( 878 ) by John Stottlemire. (Stottlemire, John) (Filed on 3/13/2009) Text modified on 3/16/2009 linkage added (bw, COURT STAFF).

Coupons, Inc. v. Stottlemire

Doc. 150

1 John A. Stottlemire 4509 Wayland Court 2 High Point, NC 27265 Telephone: [phone] Email: [e-mail] Defendant, pro se 4 5 6 7 8 9 10 11 12 13 14 15 Pursuant to Federal Rules of Civil Procedure 8(b), Defendant John Stottlemire hereby UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION COUPONS, INC., a California corporation, ) ) Plaintiff, ) ) v. ) ) JOHN STOTTLEMIRE ) ) Defendant ) ) ) Case No. 5:07-CV-03457 HRL DEFENDANT JOHN STOTTLEMIRE'S ANSWER TO PLAINTIFF'S THIRD AMENDED COMPLAINT Courtroom: 2, 5th Floor Judge: Hon. Howard R. Lloyd

16 responds to the allegations in the Plaintiff's Third Amended Complaint. 17 18 GENERAL DENIAL Unless specifically admitted below, John Stottlemire denies each and every factual

19 averment contained in Plaintiff's Third Amended Complaint and in each and every heading. 20 21 22 23 1. 2. Admit. Admit John Stottlemire is an individual. Admit that as of the date Plaintiff filed this RESPONSE TO SPECIFIC AVERMENTS PARTIES

24 Third Amended Complaint, John Stottlemire was residing in Fremont, California. Deny that John 25 Stottlemire is currently residing in Fremont, California. 26 27 28
Defendant John Stottlemire's Answer to Plaintiff's Third Amended Complaint No. 5:07-CV-03457 HRL

-1-

Dockets.Justia.com

1

3.

The allegations contained in Plaintiff's Third Amended Complaint against

2 Defendant Does 1-10 was dismissed by the Court on November 6, 2008 and Plaintiff's allegation 3 is moot. 4 5 6 4. 5. JURISDICTION AND VENUE This paragraph consists of legal assertions to which no response is required. This paragraph consists of legal assertions to which no response is required. John

7 Stottlemire adds that Plaintiff released John Stottlemire of all claims arising from this action on 8 November 13, 2008 and on that basis, John Stottlemire denies the allegations in this paragraph. 9 6. This paragraph consists of legal assertions to which no response is required. John

10 Stottlemire adds that Plaintiff released John Stottlemire of all claims arising from this action on 11 November 13, 2008 and on that basis, John Stottlemire denies the allegations in this paragraph. 12 7. This paragraph consists of legal assertions to which no response is required. John

13 Stottlemire adds that Plaintiff released John Stottlemire of all claims arising from this action on 14 November 13, 2008 and on that basis, John Stottlemire denies the allegations in this paragraph. 15 16 17 18 A. 19 8. INTRADISTRICT ASSIGNEMENT This paragraph consists of legal assertions to which no response is required. BACKGROUND FACTS Plaintiff's Business and Works Subject to Copyright 9. John Stottlemire admits that Plaintiff provides technology for enabling businesses

20 to deliver online, printable coupons to consumers. John Stottlemire avers that "leading" is too 21 vague a term to answer precisely and on that basis, denies the remainder of the allegation. 22 10. John Stottlemire lacks knowledge or information sufficient to form a belief about

23 the allegation, and therefore denies the allegation. 24 25 26 11. 12. 13. Admit. Deny. John Stottlemire admits Plaintiff controls a uniquely identified computer's access to

27 its coupons. John Stottlemire avers that "a number" is too vague a term to answer precisely and, 28
Defendant John Stottlemire's Answer to Plaintiff's Third Amended Complaint No. 5:07-CV-03457 HRL

-2-

1 on that basis, denies the remainder of that sentence. John Stottlemire lacks knowledge or 2 information sufficient to form a belief about the remainder of the allegation, and therefore denies 3 the allegation. 4 B. 5 Plaintiff's Technology and Security Measures 14. John Stottlemire admits Plaintiff supplies printable coupons to consumers over the

6 Internet. John Stottlemire avers that "authentication technology" is too vague a term to answer 7 precisely and, on that basis, denies the remainder of that sentence. John Stottlemire lacks 8 knowledge or information sufficient to form a belief about the remainder of the allegation, and 9 therefore denies the remainder of the allegation. 10 15. John Stottlemire admits Plaintiff's security features are keyed to individual

11 computers and that Plaintiff makes no attempt to limit individual people. John Stottlemire lacks 12 knowledge or information sufficient to form a belief and therefore denies that Plaintiff effectively 13 ensures the desired distribution for coupons and protection against fraud by allowing or prohibiting 14 access according to uniquely identified computers. John Stottlemire denies that Plaintiff blocks an 15 individual computer's access to a particular coupon offer altogether if that computer does not have 16 the proper registry keys in place. John Stottlemire denies that Plaintiff blocks an individual 17 computer's access to a particular coupon offer where the computer has been identified but has 18 previously obtained the allowed number of particular coupons requested. John Stottlemire lacks 19 knowledge or information sufficient to form a belief and therefore denies the remainder of the 20 allegation. 21 16. John Stottlemire lacks knowledge or information sufficient to form a belief and

22 therefore denies that consumers are able to access online coupons created by Plaintiff by clicking 23 on a website, Internet banner advertisement, or e-mail message originating from one of Plaintiff's 24 clients. John Stottlemire admits a unique identifier is assigned to consumer's computers but denies 25 Plaintiff assigns the unique identifier to consumer's computers. John Stottlemire admits the 26 unique identifier prevents access to and the printing of Plaintiff's coupons, however John 27 Stottlemire lacks knowledge or information sufficient to form a belief and therefore denies that the 28
Defendant John Stottlemire's Answer to Plaintiff's Third Amended Complaint No. 5:07-CV-03457 HRL

-3-

1 authorized number of coupons is agreed upon by Plaintiff and Plaintiff's clients for a particular 2 coupon offer. John Stottlemire denies Plaintiff assigns the unique identifier to an individual 3 computer. John Stottlemire admits that any time a computer seeks to have a coupon printed, the 4 computer's unique identifier is sent to Plaintiff's server for verification. John Stottlemire admits 5 that the computer must seek and obtain access each time it asks to have a coupon printed. John 6 Stottlemire admits Plaintiff's system transmits the coupon to consumer's printer; however John 7 Stottlemire lacks knowledge or information sufficient to form a belief and therefore denies that 8 Plaintiff's system and technology determine if a computer is authorized to gain access for a 9 particular print. John Stottlemire avers that the term "the software" is too vague a term to answer 10 precisely and that Plaintiff has not defined what it means by software and, on that basis, denies the 11 remainder of the allegation. 12 17. John Stottlemire admits that the unique identifier is displayed on the face of the

13 coupon. John Stottlemire lacks knowledge or information sufficient to form a belief and therefore 14 denies the remainder of the allegation. 15 18. John Stottlemire admits that Plaintiff uses the computer as an access control to its

16 coupon and that individual consumers are never denied access to Plaintiff's coupons. John 17 Stottlemire denies it is impracticable for "almost everyone" to have access to multiple computers. 18 John Stottlemire denies that using uniquely identified computers effectively limits access to 19 Plaintiff's coupons. John Stottlemire lacks knowledge or information sufficient to form a belief on 20 the remainder of the allegations and therefore denies the remainder of the allegations. 21 19. John Stottlemire lacks knowledge or information sufficient to form a belief and

22 therefore denies that Plaintiff's security features control the intended distribution of the limited 23 number of authentic coupons of any particular coupon offer. John Stottlemire denies Plaintiff's 24 security features help prevent fraud. John Stottlemire denies Plaintiff is the holder of copyrights to 25 its coupons. John Stottlemire denies Plaintiff has the right to control reproduction and distribution 26 of its coupons. John Stottlemire denies the coupon is copyrighted. John Stottlemire denies any 27 other allegation in this paragraph. 28
Defendant John Stottlemire's Answer to Plaintiff's Third Amended Complaint No. 5:07-CV-03457 HRL

-4-

1

20.

John Stottlemire lacks knowledge or information sufficient to form a belief on the

2 allegation in this paragraph and therefore denies the allegations. 3 4 21. 22. Deny. John Stottlemire avers that the term "many" is too vague to answer precisely and

5 therefore cannot answer the allegation. Thus, he denies the allegation. 6 7 8 C. 9 10 23. 24. Deny. Deny.

Stottlemire and Defendants' Improper Acts and Harm to Plaintiff 25. 26. Admit. John Stottlemire denies that anyone other than himself owns The Coupon Queen.

11 John Stottlemire denies that The Coupon Queen Forum advertises coupons for sale in exchange for 12 a handling fee. 13 14 27. 28. Deny. John Stottlemire avers the terms "security features" and "comment" are too vague a

15 term to answer precisely and, on that basis, denies the allegation. John Stottlemire denies the 16 remainder of the allegation. 17 29. John Stottlemire avers the term "comment" in line 23 is too vague a term to answer

18 precisely and on that basis denies that part of the allegation. John Stottlemire admits the allegation 19 from "on or about May 20, 2007" on line 23 through the end of this paragraph.. 20 30. John Stottlemire denies the access was unauthorized. John Stottlemire avers the

21 term "security features" is too vague a term to answer precisely and, on that basis, denies the 22 allegation. John Stottlemire denies that any software that he distributed is "Circumvention 23 Software." John Stottlemire denies the remainder of the allegation. 24 25 26 27 28
Defendant John Stottlemire's Answer to Plaintiff's Third Amended Complaint No. 5:07-CV-03457 HRL

31. 32. 33.

Admit. Deny. Deny.

-5-

1

34.

John Stottlemire admits he has seen the message that appears on computer screens

2 stating that a print limit has been reached but denies that prints made after the print limit message 3 appears were unauthorized prints. John Stottlemire denies the remainder of the allegations. 4 5 35. 36. Deny. John Stottlemire avers that the term "many" is too vague to answer precisely and

6 therefore cannot answer the allegation. Thus, he denies the allegation.. 7 37. John Stottlemire avers the term "security features" is too vague a term to answer

8 precisely and, on that basis, denies the allegation. John Stottlemire denies that any software that 9 he distributed is "Circumvention Software." 10 11 12 13 14 38. 39. 40. 41. 42. Deny. Deny. Deny. Deny. John Stottlemire admits Plaintiff incorporated a license agreement into the coupon

15 printer software download. John Stottlemire denies the license agreement appears before 16 consumers can download the coupon printer software. John Stottlemire denies the license 17 agreement notifies the consumer that the software allows the printing of only a limited number of 18 authentic uniquely identified prints of copyrighted coupons. John Stottlemire admits to publishing 19 an article on December 6, 2007 and December 19, 2007 entitled "Uninstalling the Coupon Printer 20 from Coupons, Inc." John Stottlemire denies the remainder of the allegation. 21 43. John Stottlemire lacks knowledge or information sufficient to form a belief and

22 therefore denies the allegation. 23 44. John Stottlemire lacks knowledge or information sufficient to form a belief and

24 therefore denies that Stottlemire's actions negatively impacted the scope of the promotional 25 campaign and reduced the value of Plaintiff's coupon distribution and print limitation system. 26 John Stottlemire denies that any software that he distributed is "Circumvention Software" or a 27 "Circumvention Method". John Stottlemire denies the remainder of the allegation. 28
Defendant John Stottlemire's Answer to Plaintiff's Third Amended Complaint No. 5:07-CV-03457 HRL

-6-

1

45.

John Stottlemire denies that any software that he distributed is "Circumvention

2 Software" or a "Circumvention Method". John Stottlemire lacks knowledge or information 3 sufficient to form a belief on the remainder of the allegation and therefore denies the allegation. 4 5 46. FIRST CAUSE OF ACTION This paragraph consists of legal assertions to which no response is required. John

6 Stottlemire reincorporates his admissions, denials, and other statements made herein. 7 8 9 10 11 12 13 14 15 16 17 56. 47. 48. 49. 50. 51. 52. 53. 54. 55. Deny. Deny. Deny. Deny. Deny. Deny. Deny. Deny. Deny. SECOND CAUSE OF ACTION This paragraph consists of legal assertions to which no response is required. John

18 Stottlemire reincorporates his admissions, denials, and other statements made herein. 19 20 57. 58. Deny John Stottlemire lacks knowledge or information sufficient to form a belief and

21 therefore denies the allegation. 22 23 24 25 26 27 28 59. 60. 61. 62. 63. Deny. Deny. Deny. Deny. Deny. THIRD CAUSE OF ACTION
Defendant John Stottlemire's Answer to Plaintiff's Third Amended Complaint No. 5:07-CV-03457 HRL

-7-

1

64.

This paragraph consists of legal assertions to which no response is required. John

2 Stottlemire reincorporates his admissions, denials, and other statements made herein. 3 4 65. 66. Deny. John Stottlemire admits he operates and runs the Coupon Queen Forum. John

5 Stottlemire denies the remainder of the allegations. 6 67. John Stottlemire lacks knowledge or information sufficient to form a belief and

7 therefore denies the allegation. 8 9 10 69. 68. Deny. FOURTH CAUSE OF ACTION This paragraph consists of legal assertions to which no response is required. John

11 Stottlemire reincorporates his admissions, denials, and other statements made herein. 12 13 70. 71. Deny. John Stottlemire lacks knowledge or information sufficient to form a belief and

14 therefore denies the allegation. 15 72. John Stottlemire lacks knowledge or information sufficient to form a belief and

16 therefore denies the allegation. 17 18 19 74. 73. Deny. FIFTH CAUSE OF ACTION This paragraph consists of legal assertions to which no response is required. John

20 Stottlemire reincorporates his admissions, denials, and other statements made herein. 21 22 23 24 25 26 27 28
Defendant John Stottlemire's Answer to Plaintiff's Third Amended Complaint No. 5:07-CV-03457 HRL

75. 76. 77. 78. 79.

Deny. Deny. Deny. Deny. Deny. AFFIRMATIVE DEFENSES

-8-

1

Further responding to Plaintiff's claims, John Stottlemire asserts the following affirmative

2 defenses: 3 4 5 times. 6 7 8 9 10 11 12 13 14 claims. 15 16 PRAYER John Stottlemire denies Plaintiff is entitled to any relief whatsoever, either as prayed for in Plaintiff lacks standing. THIRD AFFIRMATIVE DEFENSE Plaintiff's work is not subject to copyright protection. FOURTH AFFIRMATIVE DEFENSE Plaintiff has failed to state a claim upon which relief can be granted. FIFTH AFFIRMATIVE DEFENSE Plaintiff and John Stottlemire entered into a settlement agreement, which bars Plaintiff's SECOND AFFIRMATIVE DEFENSE FIRST AFFIRMATIVE DEFENSE Stottlemire and third parties were authorized to request coupons an unlimited number of

17 the Third Amended Complaint or otherwise. 18 John Stottlemire prays for his costs to defend this action and any other relief that the Court

19 deems just and equitable. 20 21 22 23 24 25 26 27 28
Defendant John Stottlemire's Answer to Plaintiff's Third Amended Complaint No. 5:07-CV-03457 HRL

-9-