Dish Network L.L.C. v. ABC, Inc. et al

Filing 12

DECLARATION of Elyse D. Echtman in Support re: 3 Order to Show Cause,,,,,,,,. Document filed by Dish Network L.L.C.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17)(Echtman, Elyse)

EXHIBIT 6

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

DEFENDANTS

urselfO)

CBS BROADCASTING INC.; CBS STUDIOS INC.;
SURVIVOR PRODUCTIONS LLC

-

( !)

0=:

o

DISH NETWORK CORPORATION; DISH NETWORK L.L.C.

Attorneys (Finn Name, Address and Telephone Number. If you are representing
yourself, provide same.)

Attorneys (If Known)

ROBERT H. ROTSTEIN (SBN 72452) [e-mail]
MITCHELL, SILBERBERG & KNUPP LLP
11377 West Olympic Blvd.
Los Angeles, CA 90064-1683
[phone]
III. CITIZENSHIP OF PRINCIPAL PARTIES - For Diversity Cases Only
(Place an X in one box for plaintiff and one for defendant.)

II. BASIS OF JURISDICTION (Place an X in one box only.)

o I U.S. Government Plaintiff

[8] 3 Federal Question (U.S.

o 2 U.S. Government Defendant

0

Government Not a Party

PTF DEF
01 01

Citizen of This State

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

02 02

Citizen or Subject of a Foreign Country 0

3 0

3

Incorporated or Principal Place
of Business in this State

Incorporated and Principal Place 05 05
of Business in Another State
Foreign Nation

IV. ORIGIN (Place an X in one box only.)

[8] I Original
Proceeding

02 Removed from 03 Remanded from 0
State Court
Appellate Court

V. REQUESTED IN COMPLAINT: JURY DEMAND: 0
CLASS ACTION under F.R.C.P. 23: 0

Yes

4 Reinstated or 0
Reopened

Yes

PTF DEF
04 04

5 Transferred from another district (specifY): 0

6 MultiDistrict
Litigation

o 7 Appeal to District
Judge from
Magistrate Judge

[8] No (Check 'Yes' only if demanded in complaint.)

[8] No

0

MONEY DEMANDED IN COMPLAINT: $

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 Do not cite jurisdictional statutes unless diversity.)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. § 101, et seq. Copyright Infringement; Inducement of Copyright Infringement; Contributory Copyright Infringement; Vicarious
Copyright Infringement
VII. NATURE

o F SUlT( PI ace an X in one box only.)
CONTRACT

TORTS
PERSONAL INJURY
310 Airplane
315 Airplane Product
Liability
320 Assault, Libel &
Slander
330 Fed. Employers'
Enforcement of
0470 Racketeer Influenced
Liability
Judgment
and Corrupt
0340 Marine
lSI Medicare Act
Organizations
345 Marine Product
152 Recovery of Defaulted
480 Consumer Credit
Liability
Student Loan (Excl.
490 Cable/Sat TV
350 Motor Vehicle
Veterans)
810 Selective Service
153 Recovery of
355 Motor Vehicle
850 Securities/Commoditiesl
Overpayment of
Product Liability
Exchange
Veteran's Benefits
360 Other Personal
875 Customer Challenge 12
160 Stockholders' Suits
Injury
USC 3410
190 Other Contract
362 Personal Injury890 Other Statutory Actions
Med Malpractice
195 Contract Product
0891 Agricultural Act
365 Personal InjuryLiability
892 Economic Stabilization
Product Liability
196 Franchise
Act
368 Asbestos Personal
REAL PROPERTY
893 Environmental Matters
Injury Product
210 Land Condemnation
894 Energy Allocation Act
Liability
220 Foreclosure
895 Freedom oflnfo. Act
IMMIGRATION
230 Rent Lease & Ejectment
0900 Appeal of Fee Detenni462 Naturalization
nation Under Equal
240 Torts to Land
Application
Access to Justice
0245 Tort Product Liability
463 Habeas Corpus950 Constitutionality of State
290 All Other Real Property
Alien Detainee
Statutes
465 Other Immigration
Actions
OTHER STATUTES

o 400 State Reapportionment o 110 Insurance
o 120 Marine
o 41 0 Antitrust
o 430 Banks and Banking o 130 Miller Act
o 140 Negotiable Instrument
0450 CommercellCC
Rates/etc.
o 150 Recovery of
o 460 Deportation
Overpayment &
o
o

o
o
o
o
o
o
o
o
o
o

o

o
o
o
o
o
o
o
o
o

o

TORTS
PERSONAL
PROPERTY
370 Other Fraud
371 Truth in Lending
380 Other Personal
Property Damage
385 Property Damage
Product Liability
BANKRUPTCY
22 Appeal 28 USC
158
0423 Withdrawal 28
USC 157
CIVIL RIGHTS

o
o
o
o

o
o
o
o

o
o
o
o
o
o
o

o

o
o
o

0441 Voting

o 442 Employment
0443 HousingiAccommodations
0444 Welfare
445 American with
Disabilities Employment
446 American with
Disabilities Other
440 Other Civil
Rights

o
o
o

o
o
o
o
o
o
o
o
o
o
o
o
o
o

PRISONER
LABOR
PETITIONS
0710 Fair Labor Standards
510 Motions to Vacate
Act
Sentence Habeas
720 LaborfMgmt.
Corpus
Relations
530 General
730 Labor/Mgmt.
535 Death Penalty
Reporting &
Disclosure Act
540 Mandamusl
Other
740 Railway Labor Act
550 Civil Rights
790 Other Labor
Litigation
555 Prison Condition
0791 Empi. Ret. Inc.
FORFEITURE 1
Security Act
PENALTY
PROPERTY RIGHTS
610 Agriculture
[8] 820 Copyrights
620 Other Food &
0830 Patent
Drug
840 Trademark
625 Drug Related
SOCIAL SECURITY
Seizure of
Property 21 USC
61 HIA(l395ff)
881
862 Black Lung (923)
630 Liquor Laws
863 DlWCIDIWW
640 R.R.& Truck
405(g»
650 Airline Regs
864 SSlD Title XVI
660 Occupational
865 RSI (405(g»
Safety IHealth
FEDERAL TAX SUITS
690 Other
870 Taxes (U.S. Plaintiff
or Defendant)
0871 IRS-Third Party 26
USC 7609

o
o
o
o

o
o
o
o
o
o
o

_C.A

p " , '7 - JI h !J .I.,
FOR OFFICE USE ONLY:

Case Number:

\I ,

....

--."

~

AFTER COMPLETING THE FRONT SIDE OF FORM CV-71, COMPLETE THE INFORMATION REQUESTED BELOW.
CV-71 (05/08)

CIVIL COVER SHEET

American LegalNet, Inc
WoNVV.FormsWorkflow.com

Page I of2

UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA
CIVIL COVER SHEET

.
VIIICa). IDENTICAL CASES: Has this action been

"'wIll

~USIY filed in this court and dismissed, remanded or closed?

[2J No 0

Yes

If yes, list case number(s):
VIII(b). RELATED CASES: Have any cases been previously filed inthis court that are related to the present case?

[2J

No

0

Yes

If yes, list case number(s):
Civil cases are deemed related if a previously filed case and the present case:
(Check all boxes that apply)

0

A. Arise from the same or closely related transactions. happenings, or events; or

o B. Call for determination of the same or substantially related or similar questions of law and fact; or

D c. For other reasons muld entail substantial duplication oflahor if heard by different judges; or
D D. Involve the same patent, trademark or copyright, and one of the factors identified above in a, b or c also is present.
---=--=-=---=------------~--

..

IX. VENVE: (When completing the following information. use an additional sheet if necessary.)
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.
State, if other than Cal ifornia; or Foreign Country

(b)

o

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).

County in this District:·

I California cou~ty outside of this District; St~te, if other than California; or Foreign Country

-

Los Angeles
(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.
_""_M_
------.
___.___
1
m

-

~ty in this District:·

outside of this District; State, if otherthan California; or Foreign Coun~

i

Los Angeles
• Los Angeles, Orange, San Bernardino, Riverside, Ventura, Santa Barbara, or San Luis Obis
Note: In land condemnation cases, use the location of the tfa
fland involved
X. SIGNATURE OF ATTORNEY (OR PRO PER):

Notice to CounsellParties: 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 -I 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.)

- - -..- - - - - - -

...

Key to Statistical codes relating to Social Security Cases:
Nature of Suit Code

Abbreviation

Substantive Statement of Cause of Action

861

HIA

All claims for health insurance benefits (Medicare) under Title 18, Part A, of the Social Security Act, as amended.
Also, include claims by hospitals, skilled nursing facilities, etc., for certification as providers of services lIlder the
program. (42 U.S.c. 1935FF(b))

862

BL

All claims for "Black Lung" benefits under Title 4, Part B, of the Federal Coal Mile Health and Safety Act of 1969.
(30 U.S.c, 923)

863

D1WC

All claims filed by insured workers for disability insurance benefits under Title 2 of the Social Security Act, as
amended; plus all claims filed for child's insurance benefits based on disability. (42 U.S.c. 405(g))

863

D1WW

All claims filed for widows or widowers insurance benefits based on disability under Title 2 ofthe Social Security
Act, as amended. (42 U.S.c. 40S(g))

864

SSID

All claims for supplemental security income payments based upon disability filed under Title 1601' the Social Security
Act, as amended.

865

Rsr

All claims for retirement (old age) and survivors benefits under Title 2 ofthe Social Security Act, as amended. (42
U.S.c. (g))

CV-71 (05/08)

CIVIL

Page 2 of2
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1 ROBERT H. ROTSTEIN (SBN 72452)
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2 PATRICIA H. BENSON (SBN 60565)
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3 JEAN PIERRE NOGUES (SBN 84445)
jp!lCCUmsk.com
4 MIICHELL SILBERBERG & KNUPP LLP
11377 West Olympic Boulevard
5 Los Angeles, California 90064-1683
Telephone: [phone]
6 FacsImile: (J 10) 312-3100

7 Attorneys for Plaintiffs
CBS Broadcasting, Inc.,
8 CBS Studios Inc.: and
Survivor ProductIons LLC

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UNITED STATES DISTRICT COURT

12

CENTRAL DISTRICT OF CALIFORNIA

13

CASE

14 CBS BROADCASTING INC.,
CBS STUDIOS INC., SURVIVOR
15 PRODUCTIONS LLC,

COMPLAINT FOR:

(2) INDUCEMENT OF COPYRIGHT

17

ilt

18

INFRINGEMENT
v.

(3) CONTRIBUTORY COPYRIGHT
INFRINGEMENT

DISH NETWORK CORPORATION,
DISH NETWORK L.L.C.,

(4) VICARIOUS COPYRIGHT

INFRINGEMENT

Defendants.

22

()(9

(1) COPYRIGHT INFRINGEMENT

Plaintiffs,

16

~V 12 - 45~ 1: fY-+

~------------------------~

23
24

Plaintiffs CBS Broadcasting Inc., CBS Studios Inc., and Survivor

25 Productions LLC, by their counsel, allege against Defendants DISH Network
Mitchell
Silberberg &
Knupp LLP

26 Corporation and DISH Network LLC:
27
28

4650068.6

1
COMPLAINT FOR COPYRIGHT INFRINGEMENT, INDUCEMENT, CONTRIBUTORY INFRINGEMENT,
AND VICARIOUS INFRINGEMENT UNDER THE COPYRIGHT ACT

NATURE OF ACTION
2

1.

Plaintiffs bring this action for preliminary and permanent injunctive

3

relief against Defendants' unlawful scheme to profit from a new system for

4

violating Plaintiffs' copyrights in prime-time, network television programming.

5 Defendants market this infringing system in connection with their satellite
6

broadcast services and digital video recorder ("DVR") called "the Hopper." As

7

described more fully below, through the infringing functions of the Hopper, all of

8

Plaintiffs' prime-time, network television programs (along with the shows aired on

9

the other national broadcast networks) are copied, on a continuous basis, and

10 stored for eight days, to the Hopper - which provides massive storage capabilities
11

during which the customer can permanently store that programming and view it

12

with all of the individual commercials automatically skipped in their entirety.

13 Significantly, when the viewer is in PrimeTime Anytime mode, the viewer is not in
14 any way selecting the individual programs to be copied or the individual
15 commercials to be skipped.
16

2.

Plaintiffs are among the largest and most successful producers and

17 distributors of television programming in the United States and the world.
18 Plaintiffs are engaged in the business of developing, producing, and/or distributing
19 television programming for exhibition and dissemination, and of licensing those
20 activities to others. In addition to producing (and owning the copyrights in)
21

thousands of television programs, Plaintiff CBS Broadcasting Inc. ("CBS") owns

22 and operates television program services that delivers that programming (or
23 programming created by third parties) to the American public.
24

3.

The Copyright Act, 17 U.S.C. § 101, et seq., provides Plaintiffs with

25 the exclusive rights to reproduce, adapt, distribute, and publicly perform and
Mitchell
Silberberg &

26 display their copyrighted television programming. Plaintiffs exercise these rights

Knupp LLP

27 in an ever-expanding variety of ways, including commercially supported broadcast
28
4650068.6

2
COMPLAINT FOR COPYRIGHT INFRINGEMENT, INDUCEMENT, CONTRIBUTORY INFRINGEMENT,
AND VICARIOUS INFRINGEMENT UNDER THE COPYRIGHT ACT

1

television, syndicated television, Internet-based streaming and download services,

2 video-on-demand access via licensed via multichannel video programming
3 distributors ("MVPDs"), and Digital Versatile Discs ("DVDs") and Blu-Ray Discs.
4 At this moment, consumers have access to network television programming
5 through more authorized avenues than ever before. Through the unlawful
6 functions of the Hopper, Defendants are infringing, and threaten to infringe,
7 Plaintiffs' rights to exploit their copyrighted works in these legitimate markets. In
8 doing so, Defendants deprive Plaintiffs of a fair return on their investments in
9 creating and distributing some of the most valuable programming on television.
10
11

Defendants' conduct is exactly what the copyright laws are intended to prevent.
4.

Defendants violate Plaintiffs' exclusive rights by copying, without

12 authorization, Plaintiffs' television programs and delivering these copies to
13

computer hard drives resident in the homes of Defendants' subscribers. This

14 conduct violates Plaintiffs' exclusive rights to reproduce and distribute copies
15 under sections 106(1) and 106(3) of the Copyright Act, 17 U.S.C. §§ 106(1) and
16 106(3). Through their conduct, Defendants provide their customers with unlawful
17 copies of works. That is straight-forward infringement.
18

5.

To the extent that Defendants claim their customers create the

19 infringing copies, Defendants' scheme is nevertheless unlawful. Defendants
20 knowingly provide ongoing and material technological support to their customers
21

in order to facilitate the automatic creation of infringing copies of prime-time

22 shows and skipping commercials, which renders Defendants contributory
23

infringers. Defendants induce, through their technology, advertising and other

24 conduct, their customers to create unauthorized copies of Plaintiffs' programming
25
Mitchell
Silberberg &
Knupp LLP

in prime time and skip commercials, without viewers selecting which programs to

26 record of which commercials to skip. Finally, Defendant are vicariously liable for
27 their subscribers' conduct, to the extent that is relevant, because Defendants have
28

4650068.6

3
COMPLAINT FOR COPYRIGHT INFRINGEMENT, INDUCEMENT, CONTRIBUTORY INFRINGEMENT,
AND VrCARIOUS INFRINGEMENT UNDER THE COPYRIGHT ACT

1 the legal and practical right and ability to control the creation of infringing copies
2 of Plaintiffs' works and skipping commercials, from which Defendants obtain
3 direct financial benefits. Defendants' contracts with subscribers allow Defendants
4 to control all programming and service options. In addition, subscribers cannot
5 accomplish the systematic comprehensive prime time copying and commercial
6 skipping at issue without the technological system from Defendants.
7

6.

The Hopper allows Defendants and their customers to infringe

8 Plaintiffs' copyrights through the following interrelated features:
9

• The Hopper provides a "PrimeTime Anytime" feature, which copies

10

to the customers' DVR the prime-time TV programming aired on

11

CBS and on the ABC, Fox, and NBC television networks, every

12

evening, on an eight-day rolling basis. Significantly, this feature

13

copies the entire prime-time schedule of all the major networks,

14

without the viewer selecting the specific programs to be copied.

15

• The Hopper provides what Defendants call the "Auto Hop" feature,

16

which enables the customer to watch the copied PrimeTime Anytime

17

programming with all commercial advertising automatically skipped

18

- and as more fully detailed below, Defendants market and actively

19

encourage the use of Auto Hop for that purpose. Thus, significantly,

20

the viewer is not in any way selecting the individual commercials to

21

be skipped.

22

• The Hopper provides a memory capacity of two terabytes (i.e., 2,000

23
24

of recorded video, thus allowing the creation of large libraries of

25
Mitchell
Silberberg &

gigabytes), which, Defendants boast, is capable of storing 2,000 hours

prime-time television. As Defendants themselves acknowledge, "no

26

other company offers" such capacity.

Knupp LLP

27
28
4650068.6

4
COMPLAINT FOR COPYRIGHT INFRINGEMENT, INDUCEMENT, CONTRIBUTORY INFRINGEMENT,
AND VICARIOUS INFRINGEMENT UNDER THE COPYRIGHT ACT

7.

Thus, the Hopper effectively provides Defendants' customers with a

2 premium commercial-free channel consisting, at any given point in time, of the
3 copyrighted programming that aired in prime time on all four national broadcast
4 networks in the past eight days, including without limitation, series currently airing
5 on CBS, such as 60 Minutes, Blue Bloods, CSI: Crime Scene Investigation,
6 Survivor, NCIS and The Good Wife, along with the ability to create huge
7 permanent, commercial-free libraries of those works.
8

9

8.

Plaintiffs have invested billions of dollars in their copyrighted content.

the Hopper's methods of copying will deprive Plaintiffs of a vital means of

10

payment for their works and erode the value of Plaintiffs' copyrighted

11

programming. "Prime time" is the bloc of the television programming schedule

12 that attracts the most viewers, and advertisers therefore are willing to pay the
13 highest prices to have their commercials shown during this time. Television
14 networks and local broadcast stations generally derive significant percentages of
15 their advertising revenues from selling the right to advertise before, during or
16 immediately after the prime-time television programming airs. Advertisers will
17 not pay, or will pay less, to have their advertisements placed within and around
18

Plaintiffs' television programming if the advertisements will be made invisible to

19

viewers. Further, Plaintiffs recoup part of their substantial investments in creative

20 programming by disseminating their prime-time programming, at a premium, in
21

commercial-free formats, such as the sale of DVDs and Blu-Ray Discs. The

22 Hopper directly undercuts these legitimate markets for paid access to Plaintiffs'
23 programming. Moreover, the Hopper interferes with Plaintiffs' efforts to make
24 their prime-time programming available to consumers for free through advertising25 supported services, such as Internet streaming websites. Views of such websites
Mitchell
Silberberg &

26 will decline if Defendants' subscribers have access to commercial-free copies of

Knupp LLP

27 Plaintiffs' prime-time shows. As a result, Defendants' unlawful conduct impairs
28
4650068.6

5
COMPLAINT FOR COPYRIGHT INFRINGEMENT, INDUCEMENT, CONTRIBUTORY INFRINGEMENT,
AND VICARIOUS INFRINGEMENT UNDER THE COPYRIGHT ACT

the value of Plaintiffs' works and reduces the incentive for their creation and
2 dissemination. Indeed, Defendants' unlawful conduct attacks the fundamental
3 economic underpinnings of television programming delivery and therefore the very
4

means by which Plaintiffs' copyrighted works are paid for. In this way,

5 Defendants cause harm not only to Plaintiffs, but also to consumers.
6

THE PARTIES

7
8

9.

Plaintiff Survivor Productions, LLC is a Delaware limited liability

9 company with its principal place of business at 7800 Beverly Blvd. Los Angeles,

10 California. Plaintiff Survivor Productions LLC is actively engaged in the
11
12
13

production of television programming.
10.

Plaintiff CBS Broadcasting Inc. is a New York corporation with its

principal place of business at 51 West 52nd Street, New York, New York. Plaintiff

14 CBS Broadcasting is actively engaged in the production and distribution of
15 television programs and other copyrighted works.
16

11.

Plaintiff CBS Studios Inc. is a Delaware corporation with its principal

17 place of business at 51 West 52nd Street, New York, New York. Plaintiff CBS
18 Studios Inc. is actively engaged in the worldwide production and distribution of
19

20
21

copyrighted entertainment products.
12.

Plaintiffs are informed and believe, and therefore allege, that

Defendant DISH Network Corporation is organized under the laws of the State of

22 Nevada and has its principal place of business in Englewood, Colorado. Plaintiffs
23

are informed and believe, and therefore allege, that Defendant DISH Network LLC

24 is a wholly owned subsidiary of DISH Network Corporation, is organized under
25 the laws of the State of Colorado, and has its principal place of business in
Mitchell
Silberberg &

26 Englewood, Colorado. Plaintiffs are informed and believe, and therefore allege,

KnuppLLP

27 that each Defendant was the agent, joint venture and/or employee of the other
28
4650068.6

6
COMPLAINT FOR COPYRIGHT INFRINGEMENT, INDUCEMENT, CONTRIBUTORY INFRINGEMENT,
AND VICARIOUS INFRINGEMENT UNDER THE COPYRIGHT ACT

1 Defendant, and in doing the things hereinafter alleged, each was acting within the
2

course and scope of said agency, employment and joint venture with the advance

3 knowledge, acquiescence, and subsequent ratification of the other Defendant.
4

13.

Plaintiffs are informed and believe, and therefore allege, that DISH

5

Network Corporation and DISH Network LLC operate the third largest pay

6

television transmission system in the United States, servicing approximately 14

7

million customers as of September 30, 2011.

8

JURISDICTION AND VENUE

9
10
11
12

14.

This Court has subject matter jurisdiction under 28 U.S.C. §§ 1331

and 1338, and under the Copyright Act, 17U.S.C. § 101 etseq.
15.

This Court has personal jurisdiction over Defendants, and venue is

13

proper in this Judicial District pursuant to 28 U.S.C. § 139I(b). Defendants

14

conduct extensive commercial activities in this State, including in this Judicial

15

District. Further, a substantial part of the events or omissions giving rise to this

16

lawsuit, as well as substantial injury to Plaintiffs, have occurred or will occur in

17 this District as a result of Defendants' acts of copyright infringement and
18

impending acts of copyright infringement, as alleged in detail below. Venue is

19

also proper in this Judicial District pursuant to 28 U.S.C. § 1400(a) in that

20

Defendants may be found in this District in light of their extensive commercial

21

activities in this District.

22

23

FACTUAL BACKGROUND

24

Free Over-The Air, Commercially Supported Broadcasting

25

16.

CBS is one of the four major over-the-air television networks that

Mitchell

Silberberg &
Knupp LLP

26 transmit programming to the public via hundreds of free, local, terrestrial broadcast
27 stations that carry the networks' content. The networks' content is also
28

4650068.6

7
COMPLAINT FOR COPYRIGHT INFRINGEMENT, INDUCEMENT, CONTRIBUTORY INFRINGEMENT,
AND VICARIOUS INFRINGEMENT UNDER THE COPYRIGHT ACT

1 transmitted to the public by subscription-based cable and satellite companies,
2

including Defendant DISH Network, which pay license fees to retransmit the

3

content carried on local broadcast stations. The networks, including Plaintiff CBS,

4

both create and license copyrighted content -largely entertainment, news and

5 sports programming
6

on which the public has come to rely for information and

entertainment. Despite constant advances and developments in technology, the

7 four major networks and their affiliated local stations continue to account for a
8

large percentage of all television viewing in the United States, and each attracts

9

more viewers than any network distributed only by cable or satellite providers.

10

17.

A nationwide system of free, over-the-air local television stations,

11

which makes news, information, and entertainment available to virtually all

12

Americans without any need to pay subscription fees, has been a crucial public

13

policy goal in the United States since the advent of television. The creation and

14

acquisition of the copyrighted content that has come to define free, over-the-air

15

television is made possible through commercial advertisements that are shown in

16

each program. Whether viewers watch programming for free over-the-air or

17 through pay services (such as Defendants' service) that retransmit broadcast

18
19

works that the public views. As alleged more fully below, Defendants' infringing

20

system completely blocks the delivery of advertising to viewers and thereby

21

deprives copyright owners of the means by which they are paid for their works.

22

Defendants' conduct diminishes both the value of the works and the incentive to

23

create and distribute original content over the medium. By undermining the

24

economic engine supporting the production of content, Defendants' system

25
Mitchell
Silberberg &
Knupp LLP

signals, advertisements provide the primary means of payment for the copyrighted

threatens to diminish the quantity and the quality of the programming Americans

26

have come to expect and demand.

27

28
4650068.6

8
COMPLAINT FOR COPYRIGHT INFRINGEMENT, INDUCEMENT, CONTRIBUTORY INFRINGEMENT,
AND VICARIOUS INFRINGEMENT UNDER THE COPYRIGHT ACT

Plaintiffs' Dissemination of Prime-Time Television Content

1
2

18.

The majority of Plaintiffs' most valuable programming airs during

3 "prime time," which on the east and west coasts falls between the hours of eight
4 p.m. and eleven p.m. Monday through Saturday, and seven p.m. to eleven p.m. on
5 Sunday (and one hour earlier in the Central and Mountain time zones). Plaintiffs
6 own the United States copyrights in a substantial number of prime-time programs,
7 including successful series currently airing on CBS, such as those listed in
8 Paragraph 7 above. Plaintiffs have registered or filed applications to register with
9 the United States Copyright Office their copyrights in each of the works identified
10 herein, as well as in each of the works listed in the schedule attached hereto as
11 Exhibit A and incorporated herein by this reference.
12
13

19.

After a program airs on prime-time television, it is, in most cases,

made available for viewing via another market, including through on-demand

14 access on MVPD services; online purchase or rental by download (e.g., iTunes and
15 Amazon); mobile phone services; pay-per-view and location-based (e.g., airline)
16 services; and portable media (e.g., DVDs and Blu-Ray Discs); as well as
17 subscription streaming services over the Internet (e.g., Netflix). Further, the
18 programs are often available on authorized Internet sites the day after airing in
19 prime time, supported by unique commercial advertising. Offerings in other media
20 with differing characteristics also exist and are designed to maximize revenues for
21
22

the copyright owner and any profit participants.
20.

Plaintiffs have invested (and continue to invest) substantial sums of

23 money and effort each year to develop, produce, and distribute television
24 programs. The public benefits from Plaintiffs' creative activities, as intended by
25 the U.S. Constitution and the Copyright Act. Plaintiffs recoup their substantial
Mitchell
Silberberg &
Knupp LLP

26 investments in creative programming in a number of ways, including the
27 following:
28

4650068.6

9
COMPLAINT FOR COPYRIGHT INFRINGEMENT, INDUCEMENT, CONTRIBUTORY INFRINGEMENT,
AND VICARIOUS INFRINGEMENT UNDER THE COPYRIGHT ACT

• Advertiser Supported Broadcasts. National networks, including the
2

one owned and operated by Plaintiff CBS Broadcasting Inc., and their

3

owned television stations and independently-owned local affiliates,

4

derive substantial value by selling advertising time during the

5

programs they have created or licensed at enormous cost. Additional

6

revenues are earned by broadcast television networks and their parent

7

companies through fees paid by network-affiliated stations and by

8

licensees of their copyrighted programs in the off-network syndication

9

market. More income is generated by the licensing of programs

10

produced and owned by Plaintiff CBS Studios Inc. to other television

11

networks. These sources of revenue as well are ultimately dependent

12

on the ability of the licensee broadcasters to sell commercial

13

advertising in or adjacent to the programs.

14

• Video On-Demand ("VOD") Television Access. Plaintiffs license

15

cable operators to make copyrighted works available for viewing on

16

demand by their customers as an added benefit of their subscriptions.

17

In addition to license fees from these MVPDs, these arrangements

18

allow for the sale of unique advertising in the VOD versions of the

19

programs owned by Plaintiffs.

20

• On-Demand Online Access. Plaintiffs earn revenue by providing

21
22

their affiliates, and the websites and services of licensees. Some of

23

these models involve showing advertisements to consumers before,

24

after, or during viewing. These advertisements cannot be skipped or

25

fast forwarded. Other models involve subscription payments to

26

services (such as Netflix) that license Plaintiffs' content to offer to

27

Mitchell
Silberberg &

access to their copyrighted works via their websites, the web sites of

their subscribers commercial-free, payments for the purchase of

Knupp LLP

28
4650068.6

10
COMPLAINT FOR COPYRIGHT INFRINGEMENT, INDUCEMENT, CONTRIBUTORY INFRINGEMENT,
AND VICARIOUS INFRINGEMENT UNDER THE COPYRIGHT ACT

1

downloaded copies (also generally without advertising), or rental

2

payments (for time-limited windows to view content).

3

• Domestic Syndication. Plaintiffs generate revenue by licensing their

4

copyrighted works for "syndicated" exhibition on both broadcast and

5

non-broadcast television channels. For Plaintiffs, most syndication

6

activity involves delivery of programming that has already aired on

7

the CBS Television Network at an earlier date. In addition to fees

8

paid to Plaintiffs by broadcast and non-broadcast television channels,

9

an additional significant means by which Plaintiffs generate revenue

10

from syndication is through sharing in the advertising revenue

11

resulting from ads within the syndicated programs.

12

• Fixed Media. Plaintiffs generate substantial revenue from the sale or

13

rental for home viewing of authorized copies of their copyrighted

14

works in various formats, including DVD and Blu-Ray Discs.

15

Plaintiffs offer these formats at various price points, with different

16

offerings providing different levels of access to content. These

17

formats typically do not include advertisements, other than occasional

18

"trailers" at the beginning of a disc.

19

Defendants' Infringing Service

20
21

21.

On or about March 15,2012, Defendants made the Hopper available

22 to its customers. The Hopper's "PrimeTime Anytime" option automatically
23 records prime-time programming shows on CBS, NBC, ABC, and Fox, every day,
24 to the customers' DVR, which as alleged above, stores up to 2000 hours of content.
25 (Significantly, the feature copies the prime-time schedule of all the major
Mitchell
Silberberg &

26 networks, without the viewer selecting the specific programs to be copied.) The

Knupp LLP

27 prime-time programming, including that of Plaintiffs, is automatically stored on
28
4650068.6

11
COMPLAINT FOR COPYRIGHT INFRINGEMENT, INDUCEMENT, CONTRIBUTORY INFRINGEMENT,
AND VICARIOUS INFRINGEMENT UNDER THE COPYRIGHT ACT

1 the DVR for eight days and can be stored permanently. On or about May 10,2012,

2 Defendants began offering a companion service, called "Auto Hop," which

3 automatically skips commercials during viewing.
4

22.

The Hopper is thus specifically designed to function as an on-demand

5 video, and a video library, service. Defendants boast that the Hopper is unlike any
6

other DVR offered by a television service provider. On their website, an image

7

from which is attached hereto as Exhibit B and incorporated by reference,

8

Defendants refer to the Hopper as an "on-demand" service that permits the creation

9

of video "libraries" of copyrighted prime-time content commercial free. For

10

example, Defendants market the Hopper as follows:

11

With the Hopper's exclusive feature, PrimeTime Anytime™, three

12

hours ofHD primetime programming are available to you On Demand

13

for up to 8 days from initial air date. Plus you can save your favorite

14

primetime content forever. You can also automatically skip

15

commercials in primetime TV - ABC, CBS, FOX and NBC in HD.

16

23.

During an interview while demonstrating the Hopper, a representative

17

of Defendants stated: "I don't think you'd need Hulu or Hulu Plus after this." In

18

other words, Defendants tell their customers that the Hopper can be used as a

19

substitute for Internet-based on-demand services. On legitimate services similar to

20

Hulu, Plaintiffs make their programming available in advertising-supported, rental,

21

purchase, and subscription models.

22

24.

Defendants also tout the Hopper's ability to provide commercial-free,

23 on-demand program libraries to their customers:
24

Hate commercials? DISH created commercial-free TV so you can

25

save an hour each night! Now you can automatically skip

26

commercials in primetime TV-on ABC, CBS, FOX and NBC in HD.

27

Only on the Hopper. Only from DISH.

Mitchell
Silberberg &
Knupp LLP

28
4650068,6

12
COMPLAINT FOR COPYRIGHT INFRINGEMENT, INDUCEMENT, CONTRIBUTORY INFRINGEMENT,
AND VICARIOUS INFRINGEMENT UNDER THE COPYRIGHT ACT

1

25.

Vivek Khemka, vice president of DISH Product Management,

2 described the infringing service as follows:

3

With the Auto Hop capability of the Hopper, watching your favorite

4

shows commercial-free is easier than ever before. It's a revolutionary

5

development that no other company offers and it's something that sets

6

Hopper above the competition. . .. With Hopper, you have access to

7

all primetime HD programs broadcast by the four major networks.

8

Now you can watch many of those shows commercial-free, with Auto

9

Hop.

10
11

12
13

Irreparable Harm to Plaintiffs As a Result of Defendants' Infringement
26.

Defendants' brazen copyright infringement threatens Plaintiffs' ability

to earn revenue from their copyrighted works through existing and potential

14 methods of dissemination. Unless enjoined, Defendants' illegal conduct will
15 irreparably injure Plaintiffs in numerous ways that are incapable of calculation or
16 redress through monetary damages. Defendants' unlawful scheme will also
17 ultimately harm the public, because it will divert revenue from the creators and
18 licensors of original programming to Defendants, thereby threatening to decrease
19 the output of copyrighted works and the investment therein.
20
21

CLAIMS FOR RELIEF

22

COUNT I

23

(COPYRIGHT INFRINGEMENT IN VIOLATION OF THE

24

COPYRIGHT ACT, 17 U.S.C. §§ 101,ETSEQ.)

25
Mitchell
Silberberg &
KnuppLLP

27.

Plaintiffs incorporate by reference each and every allegation set forth

26 in paragraphs 1 through 4 and paragraphs 6-26, as though fully set forth herein.
27
28

4650068.6

13
COMPLAINT FOR COPYRIGHT INFRINGEMENT, INDUCEMENT, CONTRIBUTORY INFRINGEMENT,
AND VICARIOUS INFRINGEMENT UNDER THE COPYRIGHT ACT

1

28.

Plaintiffs are the copyright owners of the works listed in Exhibit A, as

2 well as many other television programs telecast in the United States, each of which
3 contains a large number of creative elements wholly original to Plaintiffs and
4 which are copyrightable subject matter under the laws of the United States.
5

29.

Plaintiffs have obtained (or have applied for) copyright registration

6

certificates for each work listed in Exhibit A. In doing so, Plaintiffs have complied

7

in all respects with 17 U.S.C. § 101, et seq. and all other laws governing federal

8 copyrights.
9

30.

Each of the works listed in Exhibit A, has, with authorization of

10

Plaintiffs, been exploited in strict conformity with the provisions of 17 U.S.C. §§

11

401 and 409, et seq., and all other laws governing federal copyright.

12

31.

DISH creates Primetime Anytime's "on demand library of

13

approximately 100 hours primetime of TV shows" by recording, without

14

authorization, all programming aired by the four national broadcast networks

15

during primetime hours every night. On information and belief, the programming

16

recorded by DISH through the Primetime Anytime service consists exclusively of

17

copyrighted network programming, including Plaintiffs' copyrighted content. On

18

further information and belief, Defendants' copying in connection with PrimeTime

19

Anytime occurs on a partitioned section of The Hopper's hard drive that is fully

20 under Defendants' ongoing remote control. By creating and distributing
21

unauthorized copies of Plaintiffs' works (including the works listed on Exhibit A)

22

through PrimeTime Anytime in the manner described above, Defendants are

23

engaging in and imminently will engage in a vast number of direct copyright

24

infringements, in violation of sections 106(1), 106(3) and 501 of the Copyright

25

Act, 17 U.S.C. §§ 106(1), 106(3) and 501.

Mitchell
Silberberg &

26

Knupp LLP

27
28 •
4650068.6

14
COMPLAINT FOR COPYRIGHT INFRINGEMENT, INDUCEMENT, CONTRIBUTORY INFRINGEMENT,
AND VICARIOUS INFRINGEMENT UNDER THE COPYRIGHT ACT

1

32.

The foregoing acts of direct infringement by Defendants are

2 unauthorized and unlicensed by Plaintiffs and are not otherwise permissible under
3 the Copyright Act. Plaintiffs did not consent to Defendants' copying.
4

33.

These acts of infringement have been willful, intentional, and

5 purposeful, in disregard of Plaintiff's rights under the Copyright Act. Defendants
6 know that their acts are infringing and intentionally or recklessly disregard the law
7 by their conduct.
8

34.

These acts have caused and will continue to cause substantial

9 irreparable harm to Plaintiffs that cannot fully be compensated or measured in
10 money to Plaintiffs unless further infringement is enjoined and restrained by this
11

Court. Plaintiffs have no adequate remedy at law because damages would be

12 difficult to ascertain and Plaintiffs should not be expected to suffer the blatant
13

infringement in which Defendants are engaging or threatening to engage. The

14 balance of equities favors Plaintiffs because Defendants could easily cease their
15 operation of the infringing services whereas Plaintiffs' rights will be permanently
16 devalued if the infringing conduct continues. Finally, the public interest favors
17 injunctive relief because the goals of the Copyright Act, including increased
18 creation and output of creative works, will be undermined by the persisting
19 infringements committed by Defendants. Accordingly, pursuant to 17 U.S.C. §
20 502, Plaintiffs are entitled to preliminary and permanent injunctions prohibiting
21

further infringements of Plaintiffs' copyrights.

22
23
24

(INDUCEMENT OF COPYRIGHT INFRINGEMENT IN VIOLATION OF

25
Mitchell
Silberberg &

COUNT II

THE COPYRIGHT ACT, 17 U.S.C. §§ 101, ET SEQ.)

26

35.

Plaintiffs incorporate by reference each and every allegation set forth

Knupp LLP

27 in paragraphs 1 through 3 and paragraph 5 through 30, as though fully set forth
28
4650068.6

15
COMPLAINT FOR COPYRIGHT INFRINGEMENT, INDUCEMENT, CONTRIBUTORY INFRINGEMENT,
AND VICARIOUS INFRINGEMENT UNDER THE COPYRIGHT ACT

1 herein.
2

36.

Users of the Hopper's PrimeTime AnyTime feature who record

3

Plaintiffs prime-time shows and use the Hopper's Auto Hop feature to

4

automatically skip commercials otherwise contained in those recordings infringe

5 Plaintiffs' exclusive reproduction rights under section 106 of the Copyright Act, 17
6

U.S.C. § 106(1).

7

37.

Users of the Hopper's PrimeTime Anytime feature who record

8

Plaintiffs prime-time shows and who store said recordings permanently or for long

9

periods of time for commercial-free viewings at times of their choosing infringe

10

Plaintiffs' exclusive reproduction rights under section 106 of the Copyright Act, 17

11

U.S.C. § 106(1).

12

38.

13

14

Plaintiffs have not authorized persons to engage in the acts described

in paragraphs 36 and 37 or consented to such acts.
39.

Defendants have induced the infringing acts, and the threatened

15 infringing acts, of their customers described above, in violation of sections 106 and
16 501 of the Copyright Act, 17 U.S.C. §§ 106 and 501. Defendants provide the
17 Hopper and its PrimeTime Anytime and Auto Hop features with the object of
18 promoting their use for infringement.
19

40.

Defendants' conduct demonstrates Defendants' purposeful promotion

20 of infringement. Among other things:
21

• Defendants have marketed the Hopper expressly for copying and

22

creating libraries of Plaintiffs' works and then viewing them

23

commercial free.

24
25
Mitchell
Silberberg &
Knupp LLP

• Defendants' marketing efforts have included targeting known markets
for infringement, including consumers who wish to obtain access to

26

commercial-free programming without payment and consumers who

27
28
4650068.6

16
COMPLAINT FOR COPYRIGHT INFRINGEMENT, INDUCEMENT, CONTRIBUTORY INFRINGEMENT,
AND VICARIOUS INFRINGEMENT UNDER THE COPYRIGHT ACT

1

wish to avoid paying market prices for permanent copies of

2

commercial-free programs.
• Defendants have expressly marketed their services as substitutes for

3
4

licensed methods of accessing Plaintiffs' works, including iTunes and

5

other video-on-demand services.
• Defendants have refused to use readily available technological means

6
7

to limit or prevent infringement by their customers. In fact,

8

Defendants expressly designed their services to facilitate infringement

9

and make infringing acts virtually effortless.

10
11

41.

Defendants' inducement of their customers' infringement is, and at all

times has been, willful, intentional, and purposeful, in knowing disregard of

12 Plaintiffs' rights under the Copyright Act. Defendants know that their acts are
13 inducing infringing conduct. Defendants intentionally or recklessly disregard the
14 law by their conduct. Plaintiffs have not authorized or consented to defendants'
15 conduct.
16

42.

Defendants' acts have caused and will continue to cause substantial

17 irreparable harm to Plaintiffs that cannot fully be compensated or measured in
18 money unless further infringement by Defendants is enjoined and restrained by this
19 Court. Plaintiffs have no adequate remedy at law because damages would be
20 difficult to ascertain and Plaintiffs should notbe expected to suffer Defendants'
21

blatant infringement. The balance of equities favor Plaintiffs because Defendants

22 could easily cease their operation of the infringing services whereas Plaintiffs'
23 rights will be permanently devalued if the infringing conduct continues. Finally,
24 the public interest favors injunctive relief because the goals of the Copyright Act,
25 including increased creation and output of creative works, will be undermined by
Mitchell
Silberberg &

26 the persisting infringements committed by Defendants' customers. Pursuant to 17

Knupp LLP

27
28
4650068.6

17
COMPLAINT FOR COPYRIGHT INFRINGEMENT, INDUCEMENT, CONTRIBUTORY INFRINGEMENT,
AND VICARIOUS INFRINGEMENT UNDER THE COPYRIGHT ACT

1 U.S.C. § 502, Plaintiffs are entitled to preliminary and pennanent injunctions
2

prohibiting further infringements of Plaintiffs' copyrights.

3
4

COUNT III

5

(CONTRIBUTORY COPYRIGHT INFRINGEMENT IN VIOLATION OF

6

THE COPYRIGHT ACT, 17 U.S.C. §§ 101, ET SEQ.)

7

43.

Plaintiffs incorporate by reference each and every allegation set forth

8

in paragraphs 1 through 3, paragraphs 5 through 30, and paragraphs 36 through 37,

9

as though fully set forth herein.

10
11

44.

By participating in, facilitating, assisting, enabling, materially

contributing to, and encouraging the infringing reproductions of Plaintiffs' works

12 described above in paragraphs 36 through 37, with full knowledge of their illegal
13 consequences, and with the ability to take simple measures to prevent or limit
14 infringement, Defendants are contributing to infringements of Plaintiffs'
15 copyrighted works, in violation of sections 106 and 501 of the Copyright Act, 17
16 U.S.C. §§ 106 and 501. Defendants make the infringement described above in
17

paragraphs 36 through 37 possible and provide the site and facilities for the

18

infringements.

19

45.

Defendants know or have reason to know of the actual or imminent

20 infringement of Plaintiff s copyrights. Indeed, on infonnation and belief,
21

Defendants monitor their customers' infringing activity and technologically and

22 personally assist their customers throughout their illegal acts. DISH Networks'
23 service agreement with its customers states that it collects infonnation regarding
24 "the programming service options [customers] have chosen." The agreement also
25 states: "When you use our interactive or other transactional television services, the
Mitchell

Silberberg &

26 satellite system automatically collects certain infonnation on your use of these

Knupp LLP

27

28
4650068,6

services."
18
COMPLAINT FOR COPYRIGHT INFRINGEMENT, INDUCEMENT, CONTRIBUTORY INFRINGEMENT,
AND VICARIOUS INFRINGEMENT UNDER THE COPYRIGHT ACT

1

46.

Defendants' contributions to their customers' infringement have been

2 willful, intentional, and purposeful, in knowing disregard of Plaintiffs rights under
3 the Copyright Act. Defendants know that their acts are contributing to infringing
4

conduct and Defendants intentionally or recklessly disregard the law by their

5 conduct. Plaintiffs have not authorized or consented to Defendants' conduct.
6

47.

Defendants' acts have caused and will continue to cause substantial

7 irreparable harm that cannot fully be compensated or measured in money to
8 Plaintiffs unless further infringement by Defendants is enjoined and restrained by

9 this Court. Plaintiffs have no adequate remedy at law because damages would be
10

difficult to ascertain and Plaintiffs should not be expected to suffer Defendants'

11

blatant infringement. The balance of equities favors Plaintiffs because Defendants

12

could easily cease their operation of the infringing services whereas Plaintiffs'

13

rights will be permanently devalued if the infringing conduct continues. Finally,

14

the public interest favors injunctive relief because the goals of the Copyright Act,

15

including increased creation and output of creative works, will be undermined by

16

the persisting infringements committed by Defendants' customers. Pursuant to 17

17

U.S.C. § 502, Plaintiffs are entitled to preliminary and permanent injunctions

18

prohibiting further infringements of Plaintiffs' copyrights.

19

20

COUNT IV

21

(VICARIOUS COPYRIGHT INFRINGEMENT IN VIOLATION OF THE

22

COPYRIGHT ACT, 17 U.S.C. §§ 101, ET SEQ.)

23

48.

Plaintiffs incorporate by reference each and every allegation set forth

24

25
Mitchell
Silberberg &
Knupp LLP

in paragraphs 1 through 3, paragraphs 5 through 30, and paragraphs 36 through 37,
as though fully set forth herein.

26
27
28

4650068.6

49.

Defendants have the right and ability to supervise and control the

infringing conduct of their customers described above in paragraphs 36 and 37.
19
COMPLAINT FOR COPYRIGHT INFRINGEMENT, INDUCEMENT, CONTRIBUTORY INFRINGEMENT,
AND VICARIOUS INFRINGEMENT UNDER THE COPYRIGHT ACT

1 DISH Networks' contract with their customers states:
2

We may add, delete, rearrange and/or change any and all

3

programming, programming packages and other Services that we

4

offer, as well as the prices and fees related to such programming,

5

programming packages and Services, at any time, including without

6

limitation, during any term commitment period to which you have

7

agreed.

8

50.

Defendants' regular involvement in their customers' copying is an

9 indispensable link in such infringing conduct. Defendants control their customers'
10 ability to record prime-time content and go to great lengths and efforts to enable
11

their customers to skip entire commercial segments. In order to achieve this goal,

12 Defendants must study the shows that are transmitted and make certain data
13

available to the devices resident in the homes of customers. Absent Defendants'

14 conduct, customers simply could not automatically skip commercials.
15

51.

On information and belief, all of the infringing activity is actively

16 monitored by Defendants. DISH Networks' service agreement with its customers
17 states that it collects information regarding "the programming service options
18 [customers] have chosen." The agreement also states: "When you use our
19 interactive or other transactional television services, the satellite system
20 automatically collects certain information on your use of these services."
21

52.

Defendants also receive a direct financial benefit from the

22 infringement described above in paragraphs 36 through 37 above. Plaintiffis
23

informed and believes, and therefore alleges, that Defendants have attracted,

24 obtained and retained customers as a result of their infringing offerings. The
25 PrimeTime Anytime and Auto Hop features constitute draws to Defendants'
Mitchell
Silberberg &
Knupp LLP

26 services. Defendants actively advertise the infringing capabilities of the Hopper.
27 And, Defendants receive subscription payments from customers who possess the
28

4650068.6

20
COMPLAINT FOR COPYRIGHT INFRINGEMENT, INDUCEMENT, CONTRIBUTORY INFRINGEMENT,
AND VICARIOUS INFRINGEMENT UNDER THE COPYRIGHT ACT

1 Hopper.
2

53.

Defendants' refusal to stop or limit its customers' infringements has

3 been willful, intentional, and purposeful, in knowing disregard of Plaintiffs' rights
4 under the Copyright Act. Defendants know that their acts are contributing to
5 infringing conduct and Defendants intentionally or recklessly disregard the law by
6 their conduct. Plaintiffs have not authorized or consented to Defendants' conduct.
7

54.

Defendants' acts have caused and will continue to cause substantial

8 irreparable harm to Plaintiffs that cannot fully be compensated or measured in
9 money unless further infringement by Defendants is enjoined and restrained by this
10 Court. Plaintiffs have no adequate remedy at law because damages would be
11

difficult to ascertain and Plaintiffs should not be expected to suffer Defendants'

12 blatant infringement. The balance of equities favor Plaintiffs because Defendants
13 could easily cease their operation of the infringing services whereas Plaintiffs'
14 rights will be permanently devalued if the infringement continues. Finally, the
15 public interest favors injunctive relief because the goals of the Copyright Act,
16 including increased creation and output of creative works, will be undermined by
17 the persisting infringements committed by Defendants' customers. Pursuant to 17
18 U.S.C. § 502, Plaintiffs are entitled to preliminary and permanent injunctions
19 prohibiting further infringements of Plaintiffs' copyrights.
20

PRAYER FOR RELIEF

21
22
23
24
25
Mitchell
Silberberg &
Knupp LLP

WHEREFORE, Plaintiffs pray that this Court enter judgment in their favor
and against Defendants, and each of them, as follows:
(a)

On Counts I through IV, preliminarily and permanently enjoin,

pursuant to 17 U.S.C. § 502, Defendants, their respective officers, agents, servants,

26 employees, and those persons in active concert or participation with Defendants, or
27 any of them, from inducing infringement or directly, contributorily, and/or
28

4650068.6

21
COMPLAINT FOR COPYRIGHT INFRINGEMENT, INDUCEMENT, CONTRIBUTORY INFRINGEMENT,
AND VICARIOUS INFRINGEMENT UNDER THE COPYRIGHT ACT

1 vicariously infringing by any means, including but not limited to specifically in
2

connection with the Hopper's PrimeTime Anytime and Auto Hop features,

3 Plaintiffs' exclusive rights under the Copyright Act, including, but not limited to
4

any of Plaintiffs' rights in any of the works listed on Exhibit A, and from licensing

5

any other person to do the same;

6
7

8
9
10

11

(b)

award Plaintiffs statutory damages in accordance with 17 U.S.C. §

504 and other applicable law;
(c)

award Plaintiffs costs and reasonable attorneys' fees in accordance

with 17 U.S.C. § 505, and other applicable law; and
(d)

award Plaintiffs such further and additional relief as the Court may

deem just and proper.

12
13

14
15
16
17
18

DATED: May 24, 2012

ROBERT H. ROTSTEIN
PATRICIA H. BENSON
JEAN PIERRE NOGUES
MITCHE)f SILBERBERG & KNUPP LLP

'--;/~
R~~~~
A~rneyS for Plaintiffs,

Survivor Productions LLC, CBS
Broadcasting Inc., and CBS Studios Inc.

19
20
21
22
23
24
25
Mitchell
Silberberg &

26

Knupp LLP

27
28
4650068.6

22
COMPLAINT FOR COPYRIGHT INFRINGEMENT, INDUCEMENT, CONTRIBUTORY INFRINGEMENT,
AND VICARIOUS INFRINGEMENT UNDER THE COPYRIGHT ACT

EXHIBIT A - SCHEDULE OF WORKS

1. 60 Minutes: May 13,2012 (application for copyright registration submitted May 22,
2012) - CBS Broadcasting Inc.
2. Blue Bloods, Black and Blue (copyright registration no. PA 1-768-102, Dec. 19, 2011)
CBS Studios Inc.
3. Blue Bloods, Lonely Hearts Club (copyright registration no. PA 1-768-012, Dec. 19,
2011) - CBS Studios Inc.
4. CSI: Miami, By the Book (copyright registration no. PA 1-766-l33, Nov. 23,2011)
CBS Broadcasting Inc.
5. CSI: NY, Officer Involved (copyright registration no. PA 1-759-640, November 7,2011)
- CBS Broadcasting Inc.
6. CSI: Crime Scene Investigation, Genetic Disorder (copyright registration no. PA 1-771490, Jan. 17,2012) CBS Broadcasting Inc.
7. CSI: NY, Air Apparent (copyright registration PA 1-765-824, Nov. 16,2011) - CBS
Broadcasting Inc.
8. The Good Wife, Get A Room (copyright registration no. PA 1-768-219, Dec. 12,2011)CBS Studios Inc.
9. NCIS, Secrets (copyright registration no. PA 1-778-988, Mar. 13,2012) - CBS Studios
Inc.
10. NCIS: Los Angeles, Greed (copyright registration no. PA 1-768-118, Dec. 19,2011)CBS Studios Inc.
11. NCIS, Engaged Part 1 (copyright registration no. PA 1-768-452, Dec. 19,2011) - CBS
Studios Inc.
12. NCIS, Engaged Part 2 (copyright registration no. PA 1-768-447, Dec. 19,2011)
Studios Inc.

CBS

13. Survivor: One World, Perception is Not Always Reality (application for copyright
registration filed May 24, 2012) - Survivor Productions LLC

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