Case 2:22-cv-09462 Document 1 Filed 12/30/22 Page 1 of 25 Page ID #:1
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`David Quinto (Bar No. 106232)
`Dquinto@onellp.com
`Peter R. Afrasiabi (Bar No. 193336)
`pafrasiabi@onellp.com
`Joanna Ardalan (Bar No. 285384)
`jardalan@onellp.com
`ONE LLP
`23 Corporate Plaza, Suite 150-105
`Newport Beach, CA 92660
`Telephone: (949) 502-2870
`Facsimile:
`(949) 258-5081
`
`Attorneys for Plaintiff,
`Backgrid USA, Inc.
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`UNITED STATES DISTRICT COURT
`CENTRAL DISTRICT OF CALIFORNIA
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`BACKGRID USA, INC., a California
`corporation,
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`2:22-cv-9462
`Case No.:
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`Plaintiff,
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`v.
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`COMPLAINT FOR:
`(1) COPYRIGHT INFRINGEMENT
`(17 U.S.C. § 501)
`(2) DECLARATORY JUDGMENT RE
`NO DMCA SAFE HARBOR
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`TWITTER, INC., a Delaware
`corporation and DOES 1-10, inclusive,
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`DEMAND FOR JURY TRIAL
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`Defendants.
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`COMPLAINT
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`

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`Case 2:22-cv-09462 Document 1 Filed 12/30/22 Page 2 of 25 Page ID #:2
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`Plaintiff, Backgrid USA, Inc., complains against Defendant Twitter, Inc. a
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`corporation, and Does 1-10 (collectively, “Defendants”) as follows:
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`JURISDICTION AND VENUE
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`1.
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`This is a civil action for direct, contributory, and vicarious copyright
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`infringement under the Copyright Act, 17 U.S.C. §§ 101 et seq. This Court has
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`subject matter jurisdiction under 28 U.S.C. § 1331, 28 U.S.C. § 1332, 28 U.S.C. §
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`2201, 17 U.S.C. § 501(a), and 28 U.S.C. § 1338(a) and (b).
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`2.
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`Venue is proper in this District under 28 U.S.C. §§ 1391(b) and (c) and
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`28 U.S.C. § 1400(a) in that the claim arises in this Judicial District, the defendants
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`may be found and transact business in this Judicial District, and the injury suffered by
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`Backgrid took place, and is taking place, in this Judicial District. Defendant has
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`offices in Santa Monica, California. Defendants are subject to the general and specific
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`personal jurisdiction of this Court because of their contacts with the State of
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`California.
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`3.
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`Plaintiff Backgrid is incorporated in and existing under the laws of the
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`PARTIES
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`State of California, with its principal place of business located in Redondo Beach,
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`California.
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`4.
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`On information and belief, Defendant Twitter, Inc. is incorporated in and
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`existing under the laws of Delaware, with its principal place of business in San
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`Francisco, California.
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`5.
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`The true names or capacities, whether individual, corporate or otherwise,
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`of the defendants named herein as Does 1 through 10, inclusive, are unknown to
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`Backgrid, who therefore sues said defendants by such fictitious names. Backgrid will
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`ask leave of Court to amend this Complaint to insert the true names and capacities of
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`said defendants when the same have been ascertained.
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`//
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`//
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`COMPLAINT
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`Case 2:22-cv-09462 Document 1 Filed 12/30/22 Page 3 of 25 Page ID #:3
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`
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`FACTS COMMON TO ALL COUNTS
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`Backgrid and the Photographs that Frame this Dispute
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`6.
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`Backgrid is the world’s premier celebrity-related photograph agency and
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`provides highly sought-after images of celebrities around the world to top news and
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`lifestyle outlets. Its photographs increase the sales of its customers’ magazines and
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`newspapers and increase their website traffic and website viewer engagement.
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`Backgrid’s photographs are regularly licensed by People magazine, the Huffington
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`Post, the Daily Mail, TMZ, US Weekly, Radar Online, Harper’s Bazaar,
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`Entertainment Tonight, Vogue, Elle magazine, and many other publications.
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`7.
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`Backgrid owns all rights to the Celebrity Photographs, each of which was
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`timely registered with the United States Copyright Office. A list of the copyright
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`registrations for the Celebrity Photographs known to have been infringed is attached
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`as Exhibit A. Due to Defendant’s continuing infringements and refusal to adopt and
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`reasonably implement a Digital Millennium Copyright Act (“DMCA”) repeat
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`infringer policy, the number of timely registered infringements on its Twitter platform
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`and the damages for which Defendant is responsible is continually increasing.
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`Backgrid seeks to recover for all such infringements whether they are specifically
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`alleged herein or not.
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`8.
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`For valuable consideration, Backgrid and/or AKM-GSI Media, Inc.
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`(“AKM-GSI”), the predecessor in interest to certain Celebrity Photographs, have
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`licensed, and Backgrid continues to license, the rights to reproduce, distribute, and
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`publicly display the Celebrity Photographs and make derivative versions thereof, to
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`hundreds of magazines, newspapers, television stations, and other media outlets
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`throughout the world.
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`Twitter’s Platform
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`9.
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`Defendant’s business is a simple, but spectacularly profitable, platform
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`that touts itself as a “global platform for public self-expression and conversation in
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`Case 2:22-cv-09462 Document 1 Filed 12/30/22 Page 4 of 25 Page ID #:4
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`real time” that “help[s] people discover what’s happening through text, images, on
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`demand and live video” among other types of content. According to SimilarWeb.com,
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`Twitter is one of the top ranked websites globally, ranking it as number five in the
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`world and averages 7.1 billion visits per month.
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`10. Twitter monetizes its platform by enabling advertisers to promote their
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`brands, products, and services through the Twitter platform that then permits targeting
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`specific audience members by the accounts they follow and the actions they have
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`taken on the Twitter platform. Twitter also monetizes the data it collects from its
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`users and sells it to their clients for commercial use. Each upload, click, and view is
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`data that can be and is monetized, which means Twitter monetizes each photo
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`uploaded on the platform through the data it collects.
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`11. Once a Twitter user uploads a photo, Twitter selects, orders, and/or
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`arranges content to display to other Twitter users, including content from Twitter
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`accounts that are not among those “followed” by the viewing user.
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`12. A significant factor enabling Defendant to drive massive amounts of
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`traffic to the Twitter platform is the presence of sought-after and searched-for
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`celebrity images uploaded onto the users’ accounts without the consent of the third-
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`party copyright owners. Defendant is aware of the massive scale of copyright
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`infringement it facilitates and encourages, and of the revenue and profits such
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`infringement generates for it.
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`Twitter Does Not Terminate Repeat Infringers as Required for Safe Harbor
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`Protection Under 17 U.S.C. § 512(i)
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`13. Twitter claims to have DMCA compliant take-down policies set forth in
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`its websites’ Terms of Service. Based thereon, it claims that the DMCA’s safe harbor
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`protection for ISPs with DMCA compliant take-down policies shields it from liability
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`for the massive number of infringements it contributes to and engages in daily. But
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`such lip service compliance with the DMCA is merely a fig leaf to hide its systematic
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`Case 2:22-cv-09462 Document 1 Filed 12/30/22 Page 5 of 25 Page ID #:5
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`abuse of the rights of photograph copyright holders and their enormous profits derived
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`from such infringement.
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`14. A threshold requirement for DMCA safe harbor protection is that the ISP
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`must have “adopted and reasonably implemented … a policy that provides for the
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`termination in appropriate circumstances of subscribers and account holders … who
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`are repeat infringers.” 17 U.S.C. § 512(i)(1)(A) (emphasis added).
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`15. Although Twitter’s “Copyright Policy” provides that copyright owners
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`may send a DMCA takedown notice and that “If multiple copyright complaints are
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`received about an account, or other evidence suggests a pattern of repeat infringement,
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`Twitter may suspend that account in accordance with our Repeat Infringer Policy.”
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`Unfortunately, its purported policy is honored in the breach.
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`16.
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`Industry standard practices have resulted in the widespread adoption and
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`implementation by legitimate ISPs of a “three-strikes” policy with respect to repeat
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`infringers. The industry standard requires that to qualify for the DMCA safe harbor
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`protection, ISPs must terminate the accounts of users that have been the subject of
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`three infringement complaints. Defendant, however, regularly fails and refuses to
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`comport with the industry standard.
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`17. Defendant’s failure to reasonably implement a policy resulting in the
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`expeditious removal of infringing photographs owned by Backgrid and others and/or
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`their failure and refusal to terminate subscribers shown to be repeat infringers divests
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`them of DMCA safe harbor protection and renders them not just directly but
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`contributory and vicariously liable for the infringement of Backgrid’s Celebrity
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`Photographs as described herein.
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`18. Despite sending more than 6,700 DMCA takedown notices, not a single
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`work was taken down and not a single repeat infringer was suspended.
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`19. Backgrid attempted to resolve this dispute prior to filing this complaint,
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`but Twitter did not respond.
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`Case 2:22-cv-09462 Document 1 Filed 12/30/22 Page 6 of 25 Page ID #:6
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`Examples of Twitter’s Failure to Terminate Infringing Accounts Notwithstanding
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`Backgrid’s Issuance of Numerous Take-down Notifications
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`20. Backgrid sent Twitter at least 73 DMCA take-down notifications
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`encompassing at least 49 timely registered infringing photographs on the ‘BSO’
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`account.
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`21. Specifically, it sent the notices described herein on or around dates
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`alleged therein:
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`• September 28, 2021, for the work reproduced, distributed and
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`displayed at https://twitter.com/bso/status/999723833413308416.
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`• September 28, 2021, for the work reproduced, distributed and
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`displayed at https://twitter.com/bso/status/1041018833249730561.
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`• September 29, 2021, for the work reproduced, distributed and
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`displayed at https://twitter.com/bso/status/1295225863349374976.
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`• September 30, 2021, for the work reproduced, distributed and
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`displayed at https://twitter.com/bso/status/1431844066434686982.
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`• October 1, 2021, for the work reproduced, distributed and displayed at
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`https://twitter.com/bso/status/1148821772021706752.
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`• October 2, 2021, for the work reproduced, distributed and displayed at
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`https://twitter.com/bso/status/1432010166602506241.
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`• October 3, 2021, for the work reproduced, distributed and displayed at
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`https://twitter.com/bso/status/1148952773360308226.
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`https://twitter.com/bso/status/1149012113907683335.
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`https://twitter.com/bso/status/1151253995769516032.
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`Case 2:22-cv-09462 Document 1 Filed 12/30/22 Page 7 of 25 Page ID #:7
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`• October 6, 2021, for the work reproduced, distributed and displayed at
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`https://twitter.com/bso/status/1151314397450686464.
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`• October 7, 2021, for the work reproduced, distributed and displayed at
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`https://twitter.com/bso/status/1151357279385587712.
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`• October 8, 2021, for the work reproduced, distributed and displayed at
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`https://twitter.com/bso/status/1177817294208212992.
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`• October 10, 2021, for the work reproduced, distributed and displayed
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`at https://twitter.com/bso/status/1185425722288103429.
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`• October 11, 2021, for the work reproduced, distributed and displayed
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`at https://twitter.com/bso/status/1185591823588352000.
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`• October 12, 2021, for the work reproduced, distributed and displayed
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`at https://twitter.com/bso/status/1187601737210830848.
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`• October 13, 2021, for the work reproduced, distributed and displayed
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`at https://twitter.com/bso/status/1187603582008381440.
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`• October 14, 2021, for the work reproduced, distributed and displayed
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`at https://twitter.com/bso/status/1391987038027661312.
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`• October 15, 2021, for the work reproduced, distributed and displayed
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`at https://twitter.com/bso/status/1187754580890783744.
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`• October 16, 2021, for the work reproduced, distributed and displayed
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`at https://twitter.com/bso/status/1187767834593693697.
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`at https://twitter.com/bso/status/1190135157690380288.
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`at https://twitter.com/bso/status/1190286158447730688.
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`at https://twitter.com/bso/status/1211891609807282176.
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`Case 2:22-cv-09462 Document 1 Filed 12/30/22 Page 8 of 25 Page ID #:8
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`• October 20, 2021, for the work reproduced, distributed and displayed
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`at https://twitter.com/bso/status/1212027510822703113.
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`• October 21, 2021, for the work reproduced, distributed and displayed
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`at https://twitter.com/bso/status/1225084306047033346.
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`at https://twitter.com/bso/status/1277831087113359360.
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`• October 23, 2021, for the work reproduced, distributed and displayed
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`at https://twitter.com/bso/status/1277891487578062848.
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`• October 24, 2021, for the work reproduced, distributed and displayed
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`at https://twitter.com/bso/status/1283997752997945345.
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`• October 25, 2021, for the work reproduced, distributed and displayed
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`at https://twitter.com/bso/status/1284133652071419906.
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`• October 26, 2021, for the work reproduced, distributed and displayed
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`at https://twitter.com/bso/status/1295376867541880832.
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`• October 27, 2021, for the work reproduced, distributed and displayed
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`at https://twitter.com/bso/status/1295949135443570689.
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`at https://twitter.com/bso/status/1296172670934044678.
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`at https://twitter.com/bso/status/1314430538124537857.
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`at https://twitter.com/bso/status/1314581539288748032.
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`at https://twitter.com/bso/status/1316813710766342144.
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`• November 1, 2021, for the work reproduced, distributed and
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`displayed at https://twitter.com/bso/status/1323874836037410816.
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`Case 2:22-cv-09462 Document 1 Filed 12/30/22 Page 9 of 25 Page ID #:9
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`• November 2, 2021, for the work reproduced, distributed and
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`displayed at https://twitter.com/bso/status/1323935241296334848.
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`• November 3, 2021, for the work reproduced, distributed and
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`displayed at https://twitter.com/bso/status/1336195907394670592.
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`• November 4, 2021, for the work reproduced, distributed and
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`displayed at https://twitter.com/bso/status/1336435400081108993.
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`• November 5, 2021, for the work reproduced, distributed and
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`displayed at https://twitter.com/bso/status/1336495805553840128.
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`• November 6, 2021, for the work reproduced, distributed and
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`displayed at https://twitter.com/bso/status/1352139360758587392.
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`• November 7, 2021, for the work reproduced, distributed and
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`displayed at https://twitter.com/bso/status/1352290361734008835.
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`• November 8, 2021, for the work reproduced, distributed and
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`displayed at https://twitter.com/bso/status/1355397326089711618.
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`• November 9, 2021, for the work reproduced, distributed and
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`displayed at https://twitter.com/bso/status/1355563454766198784.
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`• November 10, 2021, for the work reproduced, distributed and
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`displayed at https://twitter.com/bso/status/1359950244000247811.
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`• November 11, 2021, for the work reproduced, distributed and
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`displayed at https://twitter.com/bso/status/1360010649913425925.
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`• November 12, 2021, for the work reproduced, distributed and
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`displayed at https://twitter.com/bso/status/1361454500725329921.
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`• November 13, 2021, for the work reproduced, distributed and
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`displayed at https://twitter.com/bso/status/1361514903660552194.
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`• November 14, 2021, for the work reproduced, distributed and
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`displayed at https://twitter.com/bso/status/1378212598903111680.
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`Case 2:22-cv-09462 Document 1 Filed 12/30/22 Page 10 of 25 Page ID #:10
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`displayed at https://twitter.com/bso/status/1380761472112979970.
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`displayed at https://twitter.com/bso/status/1380927572494725128.
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`displayed at https://twitter.com/bso/status/1392138036859838467.
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`displayed at https://twitter.com/bso/status/1395419105281421314.
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`displayed at https://twitter.com/bso/status/1395479508757716999.
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`displayed at https://twitter.com/bso/status/1404666758347333634.
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`displayed at https://twitter.com/bso/status/1404675563462201349.
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`• November 23, 2021, for the work reproduced, distributed and
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`displayed at https://twitter.com/bso/status/1404811465001947139.
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`• November 24, 2021, for the work reproduced, distributed and
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`displayed at https://twitter.com/bso/status/1404817760094404616.
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`• November 25, 2021, for the work reproduced, distributed and
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`displayed at https://twitter.com/bso/status/1410832827281780737.
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`• November 26, 2021, for the work reproduced, distributed and
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`displayed at https://twitter.com/bso/status/1410983831256055814.
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`• April 18, 2022, for the work reproduced, distributed and displayed at
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`https://twitter.com/bso/status/1482122357967921152.
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`10
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`

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`Case 2:22-cv-09462 Document 1 Filed 12/30/22 Page 11 of 25 Page ID #:11
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`• April 19, 2022, for the work reproduced, distributed and displayed at
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`https://twitter.com/bso/status/1473715965326200847.
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`• April 20, 2022, for the work reproduced, distributed and displayed at
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`https://twitter.com/bso/status/1473776368282341376.
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`• April 21, 2022, for the work reproduced, distributed and displayed at
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`https://twitter.com/bso/status/1482182759976214535.
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`• April 22, 2022, for the work reproduced, distributed and displayed at
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`https://twitter.com/bso/status/1482405267585310722.
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`• April 23, 2022, for the work reproduced, distributed and displayed at
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`https://twitter.com/bso/status/1482465669656555522.
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`• April 24, 2022, for the work reproduced, distributed and displayed at
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`https://twitter.com/bso/status/1486031048832126979.
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`• April 25, 2022, for the work reproduced, distributed and displayed at
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`https://twitter.com/bso/status/1486091452958527493.
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`• April 26, 2022, for the work reproduced, distributed and displayed at
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`https://twitter.com/bso/status/1487081489514868740.
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`• June 20, 2022, for the work reproduced, distributed and displayed at
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`https://twitter.com/bso/status/1522045895088525312.
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`• November 14, 2022, for the work reproduced, distributed and
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`displayed at https://twitter.com/bso/status/1536507682248609794.
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`Notwithstanding the receipt of the take-down notices described herein, the ‘BSO’
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`account remains live and active.
`22. Backgrid sent Twitter at least 101 DMCA take-down notifications
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`encompassing at least 42 timely registered photographs on the ‘foochia’ account.
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`23. Specifically, it sent the notices described herein on or around dates
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`alleged therein:
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`• September 4, 2021, for the work reproduced, distributed and displayed
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`at https://twitter.com/foochia/status/1168402506415845376.
`11
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` COMPLAINT
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`

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`Case 2:22-cv-09462 Document 1 Filed 12/30/22 Page 12 of 25 Page ID #:12
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`• September 5, 2021, for the work reproduced, distributed and
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`displayed at https://twitter.com/foochia/status/1189797107726798848.
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`• September 6, 2021, for the work reproduced, distributed and
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`displayed at https://twitter.com/foochia/status/1219887570714316800.
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`• September 7, 2021, for the work reproduced, distributed and
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`displayed at https://twitter.com/foochia/status/1230496105030393857.
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`• September 8, 2021, for the work reproduced, distributed and
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`displayed at https://twitter.com/foochia/status/1242346693233979394.
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`• September 9, 2021, for the work reproduced, distributed and
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`displayed at https://twitter.com/foochia/status/1244936574992777217.
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`• September 10, 2021, for the work reproduced, distributed and
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`displayed at https://twitter.com/foochia/status/1261676767611359234.
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`• September 11, 2021, for the work reproduced, distributed and
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`displayed at https://twitter.com/foochia/status/1275021219327287296.
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`• September 16, 2021, for the work reproduced, distributed and
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`displayed at https://twitter.com/foochia/status/1224979299415068673.
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`• September 17, 2021, for the work reproduced, distributed and
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`displayed at https://twitter.com/foochia/status/1228919405133926400.
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`• September 18, 2021, for the work reproduced, distributed and
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`displayed at https://twitter.com/foochia/status/1315261038602981376.
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`• September 19, 2021, for the work reproduced, distributed and
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`displayed at https://twitter.com/foochia/status/1239099980675043328.
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`• September 20, 2021, for the work reproduced, distributed and
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`displayed at https://twitter.com/foochia/status/1239444904205594629.
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`• September 21, 2021, for the work reproduced, distributed and
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`displayed at https://twitter.com/foochia/status/1259482814124351489.
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`• September 22, 2021, for the work reproduced, distributed and
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`displayed at https://twitter.com/foochia/status/1359140560771112967.
`12
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`

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`Case 2:22-cv-09462 Document 1 Filed 12/30/22 Page 13 of 25 Page ID #:13
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`• September 23, 2021, for the work reproduced, distributed and
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`displayed at https://twitter.com/foochia/status/1267803477490753536.
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`• September 24, 2021, for the work reproduced, distributed and
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`displayed at https://twitter.com/foochia/status/1384114559124865025.
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`• September 25, 2021, for the work reproduced, distributed and
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`displayed at https://twitter.com/foochia/status/1280427602763829248.
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`• September 26, 2021, for the work reproduced, distributed and
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`displayed at https://twitter.com/foochia/status/1346778759261782022.
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`• September 27, 2021, for the work reproduced, distributed and
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`displayed at https://twitter.com/foochia/status/1288188106907291648.
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`• September 28, 2021, for the work reproduced, distributed and
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`displayed at https://twitter.com/foochia/status/1291645663504216064.
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`• September 29, 2021, for the work reproduced, distributed and
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`displayed at https://twitter.com/foochia/status/1302622811303927809.
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`• September 30, 2021, for the work reproduced, distributed and
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`displayed at https://twitter.com/foochia/status/1308330389698740224.
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`• October 1, 2021, for the work reproduced, distributed and displayed
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`at https://twitter.com/foochia/status/1359427158767259649.
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`• October 2, 2021, for the work reproduced, distributed and displayed
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`at https://twitter.com/foochia/status/1309206358038806529.
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`• October 3, 2021, for the work reproduced, distributed and displayed
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`at https://twitter.com/foochia/status/1316333226261131266.
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`• October 4, 2021, for the work reproduced, distributed and displayed
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`at https://twitter.com/foochia/status/1365995375073591302.
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`• October 5, 2021, for the work reproduced, distributed and displayed
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`at https://twitter.com/foochia/status/1318885370562531328.
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`• October 6, 2021, for the work reproduced, distributed and displayed
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`at https://twitter.com/foochia/status/1320666838825652225.
`13
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` COMPLAINT
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`

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`Case 2:22-cv-09462 Document 1 Filed 12/30/22 Page 14 of 25 Page ID #:14
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`• October 7, 2021, for the work reproduced, distributed and displayed
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`at https://twitter.com/foochia/status/1371400721778810880.
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`• October 8, 2021, for the work reproduced, distributed and displayed
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`at https://twitter.com/foochia/status/1371431515851264002.
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`• October 9, 2021, for the work reproduced, distributed and displayed
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`at https://twitter.com/foochia/status/1372488206889975808.
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`• October 10, 2021, for the work reproduced, distributed and displayed
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`at https://twitter.com/foochia/status/1374677747352633354.
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`• October 11, 2021, for the work reproduced, distributed and displayed
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`at https://twitter.com/foochia/status/1377214458112700420.
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`• October 12, 2021, for the work reproduced, distributed and displayed
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`at https://twitter.com/foochia/status/1392178032480247816.
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`• October 13, 2021, for the work reproduced, distributed and displayed
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`at https://twitter.com/foochia/status/1400452726320889870.
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`• October 14, 2021, for the work reproduced, distributed and displayed
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`at https://twitter.com/foochia/status/1401554740236914695.
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`• October 15, 2021, for the work reproduced, distributed and displayed
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`at https://twitter.com/foochia/status/1402929340845891585.
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`• October 16, 2021, for the work reproduced, distributed and displayed
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`at https://twitter.com/foochia/status/1404733002949828608.
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`• October 17, 2021, for the work reproduced, distributed and displayed
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`at https://twitter.com/foochia/status/1411583606661681156.
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`• October 18, 2021, for the work reproduced, distributed and displayed
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`at https://twitter.com/foochia/status/1447112174036525056.
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`• April 18, 2022, for the work reproduced, distributed and displayed at
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`https://twitter.com/foochia/status/1479030242299817987.
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`• April 19, 2022, for the work reproduced, distributed and displayed at
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`https://twitter.com/foochia/status/1493274691833937923.
`14
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` COMPLAINT
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`

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`Case 2:22-cv-09462 Document 1 Filed 12/30/22 Page 15 of 25 Page ID #:15
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`• September 21, 2022, for the work reproduced, distributed and
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`displayed at https://twitter.com/foochia/status/1531577485976125443.
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`• September 23, 2022, for the work reproduced, distributed and
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`displayed at https://twitter.com/foochia/status/1561278228047724544.
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`• September 24, 2022, for the work reproduced, distributed and
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`displayed at https://twitter.com/foochia/status/1239099980675043328.
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`• September 25, 2022, for the work reproduced, distributed and
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`displayed at https://twitter.com/foochia/status/1228919405133926400.
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`• September 26, 2022, for the work reproduced, distributed and
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`displayed at https://twitter.com/foochia/status/1154470148071231488.
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`• September 27, 2022, for the work reproduced, distributed and
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`displayed at https://twitter.com/foochia/status/1400452726320889870.
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`• September 28, 2022, for the work reproduced, distributed and
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`displayed at https://twitter.com/foochia/status/1479030242299817987.
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`• September 29, 2022, for the work reproduced, distributed and
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`displayed at https://twitter.com/foochia/status/1387059554450563079.
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`• September 30, 2022, for the work reproduced, distributed and
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`displayed at https://twitter.com/foochia/status/1192369868085039104.
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`• October 1, 2022, for the work reproduced, distributed and displayed at
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`https://twitter.com/foochia/status/1219887570714316800.
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`• October 2, 2022, for the work reproduced, distributed and displayed at
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`https://twitter.com/foochia/status/1479030242299817987.
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`• October 3, 2022, for the work reproduced, distributed and displayed at
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`https://twitter.com/foochia/status/1481374850706980870.
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`• October 4, 2022, for the work reproduced, distributed and displayed at
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`https://twitter.com/foochia/status/1531577485976125443.
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`• October 5, 2022, for the work reproduced, distributed and displayed at
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`https://twitter.com/foochia/status/1219887570714316800.
`15
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`Case 2:22-cv-09462 Document 1 Filed 12/30/22 Page 16 of 25 Page ID #:16
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`• October 6, 2022, for the work reproduced, distributed and displayed at
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`https://twitter.com/foochia/status/1447112174036525056.
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`• October 7, 2022, for the work reproduced, distributed and displayed at
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`https://twitter.com/foochia/status/1224979299415068673.
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`• October 8, 2022, for the work reproduced, distributed and displayed at
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`https://twitter.com/foochia/status/1228919405133926400.
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`• October 9, 2022, for the work reproduced, distributed and displayed at
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`https://twitter.com/foochia/status/1239099980675043328.
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`• October 10, 2022, for the work reproduced, distributed and displayed
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`at https://twitter.com/foochia/status/1239444904205594629.
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`• October 11, 2022, for the work reproduced, distributed and displayed
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`at https://twitter.com/foochia/status/1242346693233979394.
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`• October 12, 2022, for the work reproduced, distributed and displayed
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`at https://twitter.com/foochia/status/1242346693233979394.
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`• October 13, 2022, for the work reproduced, distributed and displayed
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`at https://twitter.com/foochia/status/1259482814124351489.
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`• October 14, 2022, for the work reproduced, distributed and displayed
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`at https://twitter.com/foochia/status/1267803477490753536.
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`• October 15, 2022, for the work reproduced, distributed and displayed
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`at https://twitter.com/foochia/status/1267803477490753536
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`• October 16, 2022, for the work reproduced, distributed and displayed
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`at https://twitter.com/foochia/status/1275021219327287296.
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`• October 17, 2022, for the work reproduced, distributed and displayed
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`at https://twitter.com/foochia/status/1288188106907291648.
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`• October 18, 2022, for the work reproduced, distributed and displayed
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`at https://twitter.com/foochia/status/1288188106907291648.
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`• October 19, 2022, for the work reproduced, distributed and displayed
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`at https://twitter.com/foochia/status/1288188106907291648.
`16
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`

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`Case 2:22-cv-09462 Document 1 Filed 12/30/22 Page 17 of 25 Page ID #:17
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`• October 20, 2022, for the work reproduced, distributed and displayed
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`at https://twitter.com/foochia/status/1288188106907291648.
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`• October 21, 2022, for the work reproduced, distributed and displayed
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`at https://twitter.com/foochia/status/1288188106907291648.
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`• October 22, 2022, for the work reproduced, distributed and displayed
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`at https://twitter.com/foochia/status/1295662086140370944.
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`• October 23, 2022, for the work reproduced, distributed and displayed
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`at https://twitter.com/foochia/stat