Case 1:18-cv-00957-CMH-TCB Document 1 Filed 08/03/18 Page 1 of 27 PageID# 1
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`IN THE UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF VIRGINIA
`
`Alexandria, Virginia
`
`UMG RECORDINGS, INC., CAPITOL
`RECORDS, LLC, WARNER BROS. RECORDS
`INC., ATLANTIC RECORDING
`CORPORATION, ELEKTRA
`ENTERTAINMENT GROUP INC., FUELED
`BY RAMEN LLC, NONESUCH RECORDS
`INC., SONY MUSIC ENTERTAINMENT,
`SONY MUSIC ENTERTAINMENT US LATIN
`LLC, ARISTA RECORDS LLC, LAFACE
`RECORDS LLC, and ZOMBA RECORDING
`LLC,
`
`Plaintiffs,
`
`v.
`
`TOFIG KURBANOV and DOES 1–10, d/b/a
`FLVTO.BIZ and 2CONV.COM,
`
`Defendants.
`
`CASE NO. ___________________
`
`COMPLAINT
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`Plaintiffs UMG Recordings, Inc., Capitol Records, LLC, Warner Bros. Records Inc.,
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`Atlantic Recording Corporation, Elektra Entertainment Group Inc., Fueled by Ramen LLC,
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`Nonesuch Records Inc., Sony Music Entertainment, Sony Music Entertainment US Latin LLC,
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`Arista Records LLC, LaFace Records LLC, and Zomba Recording LLC (collectively, “Plaintiffs”),
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`by and through their attorneys, on personal knowledge as to their own actions and on information
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`and belief as to the actions, capabilities, and motivation of others, hereby allege the following:
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`

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`INTRODUCTION
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`1.
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`Plaintiffs are record companies that create, manufacture, distribute, sell, and license
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`the great majority of all legitimate commercial sound recordings in this country. Defendants Tofig
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`Kurbanov and Does 1–10 (“Defendants”) own and operate websites located at the web addresses
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`www.FLVTO.biz and www.2conv.com (collectively referred to herein as “FLVTO/2conv” or
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`individually referred to herein as “FLVTO” or “2conv”). By Defendants’ design, the
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`FLVTO/2conv websites are essentially dedicated to the piracy of Plaintiffs’ copyrighted sound
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`recordings that are available on YouTube (www.youtube.com). The FLVTO/2conv websites
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`quickly and seamlessly capture the audio tracks contained in videos streamed from YouTube that
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`the users of FLVTO/2conv access (those videos consist largely of Plaintiffs’ copyrighted sound
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`recordings), convert those audio tracks to an MP3 or other audio format (referred to herein as
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`“audio files”), copy and store the audio files on FLVTO/2conv servers, and then distribute copies
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`of those files from their servers to users in the United States, including in this District, thus
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`enabling their users to download those audio files to their own computers, tablets or mobile
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`devices. All of this occurs without the authorization of Plaintiffs or YouTube, which makes videos
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`available to its users for viewing and listening online, but not for copying or downloading.
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`2.
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`Capturing digital content streamed over the internet is known as “stream ripping.”
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`Copyright infringement through stream ripping has become a major problem for Plaintiffs and for
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`the recorded music industry as a whole. Indeed, stream ripping is now the dominant form of music
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`piracy and, according to a recent study, nearly half of all internet users between the ages of 16 and
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`24 now regularly engage in unauthorized stream ripping to acquire music.
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`3.
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`By their conduct, Defendants, through their FLVTO/2conv websites, engage in
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`unauthorized stream ripping and directly infringe Plaintiffs’ copyrighted sound recordings.
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`Defendants also provide and control the site, facilities, and means for FLVTO/2conv’s users to
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`2
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`engage in copyright infringement, while financially profiting from the infringement. Defendants
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`also materially contribute to the infringement by their users, of which Defendants have knowledge.
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`4.
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`Defendants’ conduct, and the conduct of FLVTO/2conv’s users that Defendants
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`induce and facilitate and to which Defendants materially contribute, infringes Plaintiffs’
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`copyrights and other rights. It also violates YouTube’s Terms of Service. In addition, on
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`information and belief, Defendants’ unauthorized conversion, copying, storage, and distribution
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`of Plaintiffs’ copyrighted sound recordings is accomplished by Defendants unlawfully
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`circumventing technological measures that YouTube has implemented to prevent the downloading
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`or copying of content from the YouTube service. By engaging in and facilitating the unlawful
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`infringement of Plaintiffs’ sound recordings, Defendants, through their FLVTO/2conv websites,
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`deprive Plaintiffs (and other copyright owners) of the benefits of their investment in these valuable
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`works and interfere with and create an unlawful substitute for legitimate streaming and download
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`services that are authorized by, and that compensate, Plaintiffs and other copyright owners.
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`5.
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`The scale of Defendants’ infringing activity is enormous. The FLVTO/2conv
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`websites are among the most visited sites in the world, and have tens of millions of users.
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`According to one independent estimate, the FLVTO website alone receives nearly 100 million
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`visits per month and is the 322nd most visited website in the world.1 The 2conv website receives
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`23 million monthly visitors.2
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`6.
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`Defendants’ unlawful conduct inflicts tremendous and irreparable damage on
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`Plaintiffs’ businesses and erodes authorized sales and distribution of sound recordings through
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`1 Similarweb.com, Site Analytics for FLVTO.biz, available at https://www.similarweb.com/
`website/flvto.biz#overview, last visited July 11, 2018.
`2 Id., Site Analytics for 2conv.com, available at https://www.similarweb.com/website/
`2conv.com, last visited July 11, 2018.
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`3
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`traditional and online channels. Rampant copyright infringement of sound recordings over the
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`internet, including the massive infringement engaged in and enabled by websites such as
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`FLVTO/2conv, has resulted in significant harm to the music industry, including to artists who rely
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`on royalties from the legitimate exploitation of their recorded music for their livelihood.
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`7.
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`At the same time as Defendants are depriving Plaintiffs and their recording artists
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`of the fruits of their labor, Defendants are profiting from the operation of the FLVTO/2conv
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`websites. Through the promise of illicit delivery of free music, Defendants have attracted millions
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`of users to the FLVTO/2conv websites, which in turn generates advertising revenues for
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`Defendants. For example, Defendants profit from third-party advertising that targets users based
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`on the users’ location (geo-targeting) or based on the users’ prior internet browsing history
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`(interest-based targeting). Such targeted advertising maximizes the “click-through” rate of
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`advertisements on the FLVTO/2conv websites (i.e., the number of visitors to the site who then
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`“click” on an advertisement appearing on the sites), thereby generating substantial revenues and
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`profits to Defendants through their operation of the websites.
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`8.
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`Defendants’ provision of easy-to-use services for copyright infringement has
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`caused and is causing Plaintiffs significant and irreparable harm. Defendants’ business unlawfully
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`profits from copyright infringement and free rides on the creative efforts and investments of others.
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`Plaintiffs are entitled to permanent injunctive relief to stop Defendants’ ongoing violation of
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`Plaintiffs’ rights, and to damages.
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`NATURE OF THE ACTION
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`9.
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`This is an action for copyright infringement under the Copyright Act of the United
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`States, Title 17, United States Code §§ 101, et seq., and for violations of the provisions of the
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`Copyright Act that prohibit persons from circumventing technological measures designed to
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`protect copyrighted works.
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`4
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`JURISDICTION AND VENUE
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`10.
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`This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and
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`1338(a).
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`11.
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`This Court has personal jurisdiction over Defendants because Defendants have
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`caused tortious injury by an act of copyright infringement within Virginia, and have caused tortious
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`injury in Virginia by an act outside Virginia while regularly doing or soliciting business, engaging
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`in a persistent course of conduct, or deriving substantial revenue from services rendered in
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`Virginia. This includes, without limitation, Defendants’ operation and use of “front end” servers
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`(i.e., computer servers through which Defendants’ U.S.-based users interact with the
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`FLVTO/2conv websites) physically located in this District.
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`12.
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`In the alternative, the Court has personal jurisdiction over the Defendants pursuant
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`to Federal Rule of Civil Procedure 4(k)(2), for at least the following reasons: (1) Plaintiffs’ claims
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`arise under federal copyright law; (2) FLVTO/2conv are dedicated exclusively to capturing,
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`converting, and copying audio content that is maintained on a U.S.-based website, YouTube
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`(www.youtube.com), which Defendants then distribute to users throughout the United States; (3)
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`Defendants direct their electronic activity into the United States and target and attract a substantial
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`number of users in the United States (on information and belief, FLVTO/2conv attract more users
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`from the United States than any other country) through the FLVTO/2conv websites, which are
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`readily accessible throughout the United States; (4) Defendants do so with the manifest intent of
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`engaging in business or other interactions within the United States; and (5) the effects of
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`Defendants’ unlawful conduct are felt in the United States, including in this District.
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`13.
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`Venue in this District is proper under 28 U.S.C. §§ 1391(b) and 1400(a).
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`5
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`Plaintiffs
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`THE PARTIES
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`14.
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`Plaintiff UMG Recordings, Inc. is a Delaware corporation with its principal place
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`of business in Santa Monica, California.
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`15.
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`Plaintiff Capitol Records, LLC is a Delaware limited liability company with its
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`principal place of business in Santa Monica, California.
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`16.
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`Plaintiff Warner Bros. Records Inc. is a Delaware corporation with its principal
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`place of business in Burbank, California.
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`17.
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`Plaintiff Atlantic Recording Corporation is a Delaware corporation with its
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`principal place of business in New York, New York.
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`18.
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`Plaintiff Elektra Entertainment Group Inc. is a Delaware corporation with its
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`principal place of business in New York, New York.
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`19.
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`Plaintiff Fueled by Ramen LLC is a Delaware limited liability company with its
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`principal place of business in New York, New York.
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`20.
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`Plaintiff Nonesuch Records Inc. is a Delaware corporation with its principal place
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`of business in New York, New York.
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`21.
`
`Plaintiff Sony Music Entertainment is a Delaware partnership with its principal
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`place of business in New York, New York.
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`22.
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`Plaintiff Sony Music Entertainment US Latin LLC is a Delaware limited liability
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`company with its principal place of business in Coconut Grove, Florida.
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`23.
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`Plaintiff Arista Records LLC is a Delaware limited liability company with its
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`principal place of business in New York, New York.
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`24.
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`Plaintiff LaFace Records LLC is a Delaware limited liability company with its
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`principal place of business in New York, New York.
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`6
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`25.
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`Plaintiff Zomba Recording LLC is a Delaware limited liability company with its
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`principal place of business in New York, New York.
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`26.
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`Plaintiffs, along with their affiliated labels, are the copyright owners or owners of
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`exclusive rights with respect to the vast majority of copyrighted sound recordings sold in the
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`United States. Under the Copyright Act, Plaintiffs have the exclusive rights to, inter alia,
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`reproduce their copyrighted works, distribute copies or phonorecords of their copyrighted works,
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`and perform them by means of a digital audio transmission to the public. See 17 U.S.C. §§ 106(1),
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`(3), (6). Plaintiffs are also the owners of sound recordings protected under state law.
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`27.
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`In addition to manufacturing, distributing, licensing, and selling phonorecords in
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`the form of CDs, vinyl records, and other tangible media, Plaintiffs distribute their sound
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`recordings in the form of digital audio files delivered or performed over the internet through
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`authorized services. Plaintiffs and the legitimate services with which they work provide a wide
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`variety of lawful ways for consumers to enjoy recorded music that is distributed and performed
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`over the internet, including digital download and/or streaming services like Apple Music, iTunes,
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`Google Play, Amazon, Spotify, and many others. Unlike Defendants’ unauthorized and unlawful
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`service, authorized services generally operate lawfully and pay Plaintiffs for sound recordings that
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`they distribute or perform.
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`28.
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`Plaintiffs have invested and continue to invest significant money, time, effort, and
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`creative talent to discover and develop recording artists, and to create, manufacture, advertise,
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`promote, sell, and distribute sound recordings embodying their performances. Plaintiffs, their
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`employees, their recording artists, and others in the music industry are compensated for their
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`creative efforts and monetary investments largely from the sale and distribution of sound
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`7
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`recordings to the public, including the authorized online sale, streaming, and distribution described
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`above.
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`Defendants
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`29.
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`Defendant Tofig Kurbanov is a registrant or former registrant of the domain names
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`for the FLVTO and 2conv websites (www.FLVTO.biz and www.2conv.com), and is the primary
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`owner and operator of the FLVTO and 2conv websites.
`
`30.
`
`On information and belief, Defendant Kurbanov is a Russian citizen who lives in
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`Russia. On information and belief, Defendant Kurbanov personally directs and participates in,
`
`and personally receives a direct financial benefit from, the conduct alleged herein.
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`31.
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`Does 1–10 are individuals who, along with Defendant Kurbanov, own and/or
`
`operate the FLVTO/2conv websites, but whose identities and addresses are currently unknown to
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`Plaintiffs.
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`32.
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`Defendants Kurbanov and Does 1–10 are collectively referred to herein as
`
`“Defendants.” Plaintiffs are informed and believe, and on that basis allege, that at all times
`
`relevant hereto, Defendants served as the agents of one another in infringing, or facilitating the
`
`infringement of, Plaintiffs’ copyrights.
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`THE YOUTUBE SERVICE
`
`33.
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`YouTube (www.youtube.com) is an online video service. It is also the largest on-
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`demand music service in the world. Every day, people watch and listen to hundreds of millions of
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`hours of music videos that are available on YouTube and generate billions of “views” of those
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`videos. Of the 100 most-viewed YouTube videos of all time, only six are not music videos.
`
`34.
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`YouTube is a streaming service—the music videos on the site can be listened to
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`and viewed by users while they are connected to the internet, but the transmission of those videos
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`does not result in a permanent copy of the music video being made for offline access by the user.
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`8
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`Music videos and the sound recordings that they contain cannot lawfully be downloaded, copied,
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`saved, or distributed by YouTube users.
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`35.
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`In its Terms of Service, YouTube strictly limits what users may do on the site, and
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`with content that appears on YouTube. Among other things, YouTube’s Terms of Service impose
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`the following prohibitions:
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`a. “You shall not copy, reproduce, distribute, transmit, broadcast, display, sell,
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`license, or otherwise exploit any Content for any other purposes without the prior
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`written consent of YouTube or the respective licensors of the Content.” (YouTube
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`Terms of Service, ¶ 5(B));
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`b. “You agree not to circumvent, disable or otherwise interfere with security-related
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`features of the [YouTube] Service or features that prevent or restrict use or copying
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`of any Content or enforce limitations on use of the Service or the Content therein.”
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`(YouTube Terms of Service, ¶ 5(C));
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`c. “You agree not to distribute in any medium any part of . . . the Content without
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`YouTube’s prior written authorization, unless YouTube makes available the means
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`for such distribution through functionality offered by the [YouTube] Service (such
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`as the Embeddable Player).” (YouTube Terms of Service, ¶ 4(A)); and
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`d. “You agree not to access Content through any technology or means other than the
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`video playback pages of the [YouTube] Service itself, the Embeddable Player, or
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`other explicitly authorized means YouTube may designate.” (YouTube Terms of
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`Service, ¶ 4(C))
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`36.
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`YouTube has adopted and implemented technological measures to control access
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`to content maintained on its site and to prevent or inhibit downloading, copying, or illicit
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`9
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`distribution of that content. YouTube maintains two separate URLs for any given video file: one
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`URL, which is visible to the user, is for the webpage where the video playback occurs, and one
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`URL, which is not visible to the user, is for the video file itself. The second URL is generated
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`using a complex (and periodically changing) algorithm—known as a “rolling cipher”—that is
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`intended to inhibit direct access to the underlying YouTube video files, thereby preventing or
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`inhibiting the downloading, copying, or distribution of the video files.
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`DEFENDANTS’ INFRINGING CONDUCT
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`37.
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`The FLVTO/2conv websites were designed and exist for one principal reason: to
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`profit from the unauthorized reproduction and distribution of the popular copyrighted recorded
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`music that appears on YouTube, a substantial portion of which is owned or controlled by Plaintiffs.
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`Defendants accomplish this goal by unlawfully removing the audio tracks from videos that appear
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`on the YouTube service, converting them to audio files, copying those files to the FLVTO/2conv
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`servers, and then distributing those audio files to FLVTO/2conv users in the United States in the
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`form of downloadable audio files.
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`38.
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`Stream ripping has become a major threat to the music industry, functioning as an
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`unlawful substitute for the purchase of recorded music and the purchase of subscriptions to
`
`authorized streaming services. Stream ripping replaces lawful, revenue-generating streaming and
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`downloads of sound recordings over the internet and sales of phonorecords in tangible media with
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`the mass distribution of unauthorized copies, depriving copyright owners of compensation and
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`enriching unlawful actors at copyright owners’ and artists’ expense.
`
`39.
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`The scale of stream ripping, and the corresponding impact on music industry
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`revenues, is enormous. Plaintiffs are informed and believe, and on that basis allege, that tens, or
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`even hundreds, of millions of tracks are illegally copied and distributed by stream-ripping services
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`10
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`each month. And FLVTO/2conv, as created and operated by Defendants, are among the chief
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`offenders, accounting for a vast portion of the unlawful stream ripping that takes place in the world.
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`40.
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`The reason for Defendants’ success is straightforward: Defendants have created
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`stream-ripping services that, through a few simple mouse clicks on a computer, generate infringing
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`copies of Plaintiffs’ sound recordings and distribute those infringing copies for free to any person
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`who wants them. For example, the FLVTO home page—depicted in the figure below—promotes
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`the simplicity and efficiency of this infringing service, touting that it “makes converting Streaming
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`videos to mp3 online easier and faster than ever.”
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`41.
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`Similarly, the 2conv homepage, depicted in the image below, boasts that it converts
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`videos from YouTube in a single click:
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`12
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`42.
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`Defendants’ infringement of Plaintiffs’ copyrighted sound recordings begins with
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`a user who wants a copy of a song, for free. Taking FLVTO as an example, the user goes to
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`YouTube (www.youtube.com) and searches for a video with the desired song, an example of which
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`is seen in the figure below.
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`13
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`43.
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`The user then simply copies the webpage address (or “URL”) associated with the
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`playback of that YouTube video (which appears at the top of the YouTube screen), goes to the
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`interface on the FLVTO home page, and pastes or enters the URL into an input box. Once the
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`URL is entered, the user clicks the “Convert To” button, as shown in the figure below.
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`44.
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`FLVTO then extracts the audio track from the YouTube video, converts it to an
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`audio file, and copies the file to its servers. Plaintiffs are informed and believe, and on that basis
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`14
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`allege, that, to access the YouTube video and extract and copy the audio track, FLVTO
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`circumvents the technological measures that YouTube has implemented to control access to
`
`content maintained on its site and to prevent or inhibit illicit activities such as stream ripping.
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`Among other things, Plaintiffs are informed and believe, and on that basis allege, that Defendants
`
`employ a means to circumvent the YouTube rolling cipher technology described above, and other
`
`technological means that YouTube employs to protect content on its site.
`
`45.
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`Having circumvented the protective technological measures implemented by
`
`YouTube, and having extracted and made a copy of the audio file associated with the relevant
`
`video, FLVTO then presents the user with a “download” link. When the user clicks that link, the
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`FLVTO service distributes the audio file directly from Defendants’ servers to the user’s computer,
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`as demonstrated in the figure below.
`
`46.
`
`The 2conv website functions in substantially the same simple, straightforward
`
`manner. As with FLVTO, users of 2conv obtain and paste a video link, press a button on the
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`website to convert the video to an audio file, and then download the converted audio file from
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`Defendants’ servers, as Defendants explain on the 2conv website’s homepage, as follows:
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`15
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`47.
`
`In addition to distributing audio files to users, Defendants, through their
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`FLTVO/2conv websites, also make and store copies of the files on their servers for further
`
`distribution to other users.
`
`48.
`
`Defendants have no authorization or permission to copy, store or distribute
`
`Plaintiffs’ copyrighted sound recordings. By providing these all-in-one infringement services,
`
`Defendants obtain a significant unfair advantage over competing legitimate music services, which
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`pay for the right to distribute Plaintiffs’ works, and thus deprive Plaintiffs of the revenues to which
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`they are entitled for exploitation of their copyrighted works.
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`49.
`
`By drawing from music videos on YouTube, Defendants are, in effect, using
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`virtually the entirety of Plaintiffs’ catalogs of sound recordings as the source material for their
`
`illicit operations. Attached as Exhibit A is an initial list of a small sampling of the numerous and
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`rapidly growing number of sound recordings to which Plaintiffs and/or their affiliated labels hold
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`exclusive rights under copyright that Defendants have infringed and continue to infringe. As set
`
`forth in Exhibit A, the copyrights in each of these sound recordings are registered with the United
`
`States Copyright Office. Plaintiffs intend to amend the Complaint at an appropriate time to provide
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`an expanded list of works infringed by Defendants.
`
`50.
`
`By providing and operating their services, Defendants are both directly infringing
`
`Plaintiffs’ copyrights and are inducing and materially contributing to the infringement of
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`Plaintiffs’ copyrights by others and derive financial benefit from that infringement. Defendants
`
`have the right and ability to supervise and stop the infringing activity, but they have taken no steps
`
`to stop the infringement. Rather, Defendants designed and continue to operate their services to
`
`optimize their usefulness for infringement.
`
`51.
`
`Defendants have also used Plaintiffs’ sound recordings to induce, entice, persuade,
`
`and cause users of FLVTO/2conv to infringe Plaintiffs’ copyrights. In their tutorials on the
`
`FLVTO website, for example, Defendants illustrate the process of converting YouTube videos
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`into an unauthorized audio file with such well-known hit sound recordings as Michael Jackson’s
`
`“Beat It,” which is owned by Plaintiff Sony Music Entertainment, Justin Bieber’s “What Do You
`
`Mean?” which is owned by Plaintiff UMG Recordings, Inc., and Madonna’s “Vogue,” which is
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`owned by Plaintiff Warner Bros. Records Inc.
`
`52.
`
`The motivation behind Defendants’ illegal conduct is clear: Defendants are
`
`receiving a direct financial benefit from the copyright infringement occurring on their services.
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`Defendants have received substantial ill-gotten gains, including by running revenue-generating
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`advertisements on the sites while committing massive copyright infringement.
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`COUNT ONE
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`(Direct Copyright Infringement)
`
`53.
`
`Plaintiffs repeat and reallege every allegation contained in paragraphs 1 through 52
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`as if fully set forth herein.
`
`54.
`
`Defendants, without authorization or consent from Plaintiffs, reproduce and
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`distribute into the United States unauthorized reproductions of Plaintiffs’ copyrighted sound
`
`recordings, including but not limited to those copyrighted sound recordings listed in Exhibit A
`
`hereto. Such reproduction and distribution constitutes infringement of Plaintiffs’ registered
`
`copyrights and the exclusive rights under copyright in violation of 17 U.S.C. §§ 106(1) and (3).
`
`55.
`
`The infringement of Plaintiffs’ rights in each of their copyrighted sound recordings
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`constitutes a separate and distinct act of infringement.
`
`56.
`
`Defendants’ acts of infringement are willful, intentional, and purposeful, in
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`disregard of and indifferent to the rights of Plaintiffs.
`
`57.
`
`As a direct and proximate result of Defendants’ infringement of Plaintiffs’
`
`copyrights and exclusive rights under copyright, Plaintiffs are entitled to the maximum statutory
`
`damages, pursuant to 17 U.S.C. § 504(c), in the amount of $150,000 with respect to each work
`
`infringed, or such other amounts as may be proper under 17 U.S.C. § 504(c). In the alternative, at
`
`Plaintiffs’ election pursuant to 17 U.S.C. § 504(b), Plaintiffs are entitled to their actual damages,
`
`including Defendants’ profits from infringement, in amounts to be proven at trial.
`
`58.
`
`Plaintiffs are entitled to their costs, including reasonable attorneys’ fees, pursuant
`
`to 17 U.S.C. § 505.
`
`18
`
`

`

`Case 1:18-cv-00957-CMH-TCB Document 1 Filed 08/03/18 Page 19 of 27 PageID# 19
`
`59.
`
`Defendants’ conduct is causing, and, unless enjoined by this Court, will continue
`
`to cause Plaintiffs great and irreparable injury that cannot be fully compensated or measured in
`
`money. Plaintiffs have no adequate remedy at law. Pursuant to 17 U.S.C. § 502, Plaintiffs are
`
`entitled to an injunction prohibiting infringement of Plaintiffs’ copyrights and exclusive rights
`
`under copyright.
`
`COUNT TWO
`
`(Contributory Copyright Infringement)
`
`60.
`
`Plaintiffs repeat and reallege every allegation contained in paragraphs 1 through 59
`
`as if fully set forth herein.
`
`61.
`
`As detailed above, users of the FLVTO/2conv websites are engaged in repeated and
`
`pervasive infringement of Plaintiffs’ exclusive rights to reproduce and distribute their copyrighted
`
`sound recordings.
`
`62.
`
`Defendants are liable as contributory copyright infringers for the infringing acts of
`
`users of the FLVTO/2conv websites. Defendants have actual and constructive knowledge of the
`
`infringing activity of FLVTO/2conv’s users. Defendants knowingly cause and otherwise
`
`materially contribute to these unauthorized reproductions and distributions of Plaintiffs’
`
`copyrighted sound recordings, including but not limited to those sound recordings listed in Exhibit
`
`A hereto.
`
`63.
`
`The infringement of Plaintiffs’ rights in each of their copyrighted sound recordings
`
`constitutes a separate and distinct act of infringement.
`
`64.
`
`Defendants’ acts of infringement are willful, intentional, and purposeful, in
`
`disregard of and indifferent to the rights of Plaintiffs.
`
`65.
`
`As a direct and proximate result of Defendants’ infringement of Plaintiffs’
`
`copyrights and exclusive rights under copyright, Plaintiffs are entitled to the maximum statutory
`
`19
`
`

`

`Case 1:18-cv-00957-CMH-TCB Document 1 Filed 08/03/18 Page 20 of 27 PageID# 20
`
`damages, pursuant to 17 U.S.C. § 504(c), in the amount of $150,000 with respect to each work
`
`infringed, or such other amounts as may be proper under 17 U.S.C. § 504(c). In the alternative, at
`
`Plaintiffs’ election pursuant to 17 U.S.C. § 504(b), Plaintiffs are entitled to their actual damages,
`
`including Defendants’ profits from infringement, in amounts to be proven at trial.
`
`66.
`
`Plaintiffs are entitled to their costs, including reasonable attorneys’ fees, pursuant
`
`to 17 U.S.C. § 505.
`
`67.
`
`Defendants’ conduct is causing, and, unless enjoined by this Court, will continue
`
`to cause Plaintiffs great and irreparable injury that cannot fully be compensated or measured in
`
`money. Plaintiffs have no adequate remedy at law. Pursuant to 17 U.S.C. § 502, Plaintiffs are
`
`entitled to an injunction prohibiting infringement of Plaintiffs’ copyrights and exclusive rights
`
`under copyright.
`
`COUNT THREE
`
`(Vicarious Copyright Infringement)
`
`68.
`
`Plaintiffs repeat and reallege every allegation contained in paragraphs 1 through 67
`
`as if fully set forth herein.
`
`69.
`
`As detailed above, users of the FLVTO/2conv websites are engaged in repeated and
`
`pervasive infringement of Plaintiffs’ exclusive rights to reproduce and distribute their copyrighted
`
`sound recordings.
`
`70.
`
`Defendants are vicariously liable for the infringing acts of users of the
`
`FLVTO/2conv websites. Defendants have the right and ability to supervise and control the
`
`infringing activities that occur through the use of FLVTO/2conv, and at all relevant times have
`
`derived a direct financial benefit from the infringement of Plaintiffs’ copyrights. Defendants are
`
`therefore vicariously liable for the infringement of Plaintiffs’ copyrighted sound recordings,
`
`including but not limited to those sound recordings listed in Exhibit A hereto.
`
`20
`
`

`

`Case 1:18-cv-00957-CMH-TCB Document 1 Filed 08/03/18 Page 21 of 27 PageID# 21
`
`71.
`
`The infringement of Plaintiffs’ rights in each of their copyrighted sound recordings
`
`constitutes a separate and distinct act of infringement.
`
`72.
`
`Defendants’ acts of infringement are willful, intentional, and purposeful, in
`
`disregard of, and indifferent to, the rights of Plaintiffs.
`
`73.
`
`As a direct and proximate result of Defendants’ infringement of Plaintiffs’
`
`copyrights and exclusive rights under copyright, Plaintiffs are entitled to the maximum statutory
`
`damages, pursuant to 17 U.S.C. § 504(c), in the amount of $150,000 with respect to each work
`
`infringed, or such other amounts as may be proper under 17 U.S.C. § 504(c). In the alternative, at
`
`Plaintiffs’ election pursuant to 17 28 U.S.C. § 504(b), Plaintiffs are entitled to their actual damages,
`
`including Defendants’ profits from infringement, in amounts to be proven at trial.
`
`74.
`
`Plaintiffs are entitled to their costs, including reasonable attorneys’ fees, pursuant
`
`to 17 U.S.C. § 505.
`
`75.
`
`Defendants’ conduct is causing, and, unless enjoined by this Court, will continue
`
`to cause Plaintiffs great and irreparable injury that cannot fully be compensated or measured in
`
`money. Plaintiffs have no adequate remedy at law. Pursuant to 17 U.S.C. § 502, Plaintiffs are
`
`entitled to an in