`
`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
`
`Plaintiffs 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 (collectively, “Plaintiffs”),
`
`by and through their attorneys, on personal knowledge as to their own actions and on information
`
`and belief as to the actions, capabilities, and motivation of others, hereby allege the following:
`
`
`
`Case 1:18-cv-00957-CMH-TCB Document 1 Filed 08/03/18 Page 2 of 27 PageID# 2
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`INTRODUCTION
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`1.
`
`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
`
`individually referred to herein as “FLVTO” or “2conv”). By Defendants’ design, the
`
`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
`
`the users of FLVTO/2conv access (those videos consist largely of Plaintiffs’ copyrighted sound
`
`recordings), convert those audio tracks to an MP3 or other audio format (referred to herein as
`
`“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
`
`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.
`
`2.
`
`Capturing digital content streamed over the internet is known as “stream ripping.”
`
`Copyright infringement through stream ripping has become a major problem for Plaintiffs and for
`
`the recorded music industry as a whole. Indeed, stream ripping is now the dominant form of music
`
`piracy and, according to a recent study, nearly half of all internet users between the ages of 16 and
`
`24 now regularly engage in unauthorized stream ripping to acquire music.
`
`3.
`
`By their conduct, Defendants, through their FLVTO/2conv websites, engage in
`
`unauthorized stream ripping and directly infringe Plaintiffs’ copyrighted sound recordings.
`
`Defendants also provide and control the site, facilities, and means for FLVTO/2conv’s users to
`
`2
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`
`
`Case 1:18-cv-00957-CMH-TCB Document 1 Filed 08/03/18 Page 3 of 27 PageID# 3
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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.
`
`4.
`
`Defendants’ conduct, and the conduct of FLVTO/2conv’s users that Defendants
`
`induce and facilitate and to which Defendants materially contribute, infringes Plaintiffs’
`
`copyrights and other rights. It also violates YouTube’s Terms of Service. In addition, on
`
`information and belief, Defendants’ unauthorized conversion, copying, storage, and distribution
`
`of Plaintiffs’ copyrighted sound recordings is accomplished by Defendants unlawfully
`
`circumventing technological measures that YouTube has implemented to prevent the downloading
`
`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,
`
`deprive Plaintiffs (and other copyright owners) of the benefits of their investment in these valuable
`
`works and interfere with and create an unlawful substitute for legitimate streaming and download
`
`services that are authorized by, and that compensate, Plaintiffs and other copyright owners.
`
`5.
`
`The scale of Defendants’ infringing activity is enormous. The FLVTO/2conv
`
`websites are among the most visited sites in the world, and have tens of millions of users.
`
`According to one independent estimate, the FLVTO website alone receives nearly 100 million
`
`visits per month and is the 322nd most visited website in the world.1 The 2conv website receives
`
`23 million monthly visitors.2
`
`6.
`
`Defendants’ unlawful conduct inflicts tremendous and irreparable damage on
`
`Plaintiffs’ businesses and erodes authorized sales and distribution of sound recordings through
`
`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.
`
`3
`
`
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`Case 1:18-cv-00957-CMH-TCB Document 1 Filed 08/03/18 Page 4 of 27 PageID# 4
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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
`
`FLVTO/2conv, has resulted in significant harm to the music industry, including to artists who rely
`
`on royalties from the legitimate exploitation of their recorded music for their livelihood.
`
`7.
`
`At the same time as Defendants are depriving Plaintiffs and their recording artists
`
`of the fruits of their labor, Defendants are profiting from the operation of the FLVTO/2conv
`
`websites. Through the promise of illicit delivery of free music, Defendants have attracted millions
`
`of users to the FLVTO/2conv websites, which in turn generates advertising revenues for
`
`Defendants. For example, Defendants profit from third-party advertising that targets users based
`
`on the users’ location (geo-targeting) or based on the users’ prior internet browsing history
`
`(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
`
`“click” on an advertisement appearing on the sites), thereby generating substantial revenues and
`
`profits to Defendants through their operation of the websites.
`
`8.
`
`Defendants’ provision of easy-to-use services for copyright infringement has
`
`caused and is causing Plaintiffs significant and irreparable harm. Defendants’ business unlawfully
`
`profits from copyright infringement and free rides on the creative efforts and investments of others.
`
`Plaintiffs are entitled to permanent injunctive relief to stop Defendants’ ongoing violation of
`
`Plaintiffs’ rights, and to damages.
`
`NATURE OF THE ACTION
`
`9.
`
`This is an action for copyright infringement under the Copyright Act of the United
`
`States, Title 17, United States Code §§ 101, et seq., and for violations of the provisions of the
`
`Copyright Act that prohibit persons from circumventing technological measures designed to
`
`protect copyrighted works.
`
`4
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`Case 1:18-cv-00957-CMH-TCB Document 1 Filed 08/03/18 Page 5 of 27 PageID# 5
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`JURISDICTION AND VENUE
`
`10.
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`This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and
`
`1338(a).
`
`11.
`
`This Court has personal jurisdiction over Defendants because Defendants have
`
`caused tortious injury by an act of copyright infringement within Virginia, and have caused tortious
`
`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
`
`(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.
`
`12.
`
`In the alternative, the Court has personal jurisdiction over the Defendants pursuant
`
`to Federal Rule of Civil Procedure 4(k)(2), for at least the following reasons: (1) Plaintiffs’ claims
`
`arise under federal copyright law; (2) FLVTO/2conv are dedicated exclusively to capturing,
`
`converting, and copying audio content that is maintained on a U.S.-based website, YouTube
`
`(www.youtube.com), which Defendants then distribute to users throughout the United States; (3)
`
`Defendants direct their electronic activity into the United States and target and attract a substantial
`
`number of users in the United States (on information and belief, FLVTO/2conv attract more users
`
`from the United States than any other country) through the FLVTO/2conv websites, which are
`
`readily accessible throughout the United States; (4) Defendants do so with the manifest intent of
`
`engaging in business or other interactions within the United States; and (5) the effects of
`
`Defendants’ unlawful conduct are felt in the United States, including in this District.
`
`13.
`
`Venue in this District is proper under 28 U.S.C. §§ 1391(b) and 1400(a).
`
`5
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`
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`Case 1:18-cv-00957-CMH-TCB Document 1 Filed 08/03/18 Page 6 of 27 PageID# 6
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`Plaintiffs
`
`THE PARTIES
`
`14.
`
`Plaintiff UMG Recordings, Inc. is a Delaware corporation with its principal place
`
`of business in Santa Monica, California.
`
`15.
`
`Plaintiff Capitol Records, LLC is a Delaware limited liability company with its
`
`principal place of business in Santa Monica, California.
`
`16.
`
`Plaintiff Warner Bros. Records Inc. is a Delaware corporation with its principal
`
`place of business in Burbank, California.
`
`17.
`
`Plaintiff Atlantic Recording Corporation is a Delaware corporation with its
`
`principal place of business in New York, New York.
`
`18.
`
`Plaintiff Elektra Entertainment Group Inc. is a Delaware corporation with its
`
`principal place of business in New York, New York.
`
`19.
`
`Plaintiff Fueled by Ramen LLC is a Delaware limited liability company with its
`
`principal place of business in New York, New York.
`
`20.
`
`Plaintiff Nonesuch Records Inc. is a Delaware corporation with its principal place
`
`of business in New York, New York.
`
`21.
`
`Plaintiff Sony Music Entertainment is a Delaware partnership with its principal
`
`place of business in New York, New York.
`
`22.
`
`Plaintiff Sony Music Entertainment US Latin LLC is a Delaware limited liability
`
`company with its principal place of business in Coconut Grove, Florida.
`
`23.
`
`Plaintiff Arista Records LLC is a Delaware limited liability company with its
`
`principal place of business in New York, New York.
`
`24.
`
`Plaintiff LaFace Records LLC is a Delaware limited liability company with its
`
`principal place of business in New York, New York.
`
`6
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`
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`Case 1:18-cv-00957-CMH-TCB Document 1 Filed 08/03/18 Page 7 of 27 PageID# 7
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`25.
`
`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.
`
`26.
`
`Plaintiffs, along with their affiliated labels, are the copyright owners or owners of
`
`exclusive rights with respect to the vast majority of copyrighted sound recordings sold in the
`
`United States. Under the Copyright Act, Plaintiffs have the exclusive rights to, inter alia,
`
`reproduce their copyrighted works, distribute copies or phonorecords of their copyrighted works,
`
`and perform them by means of a digital audio transmission to the public. See 17 U.S.C. §§ 106(1),
`
`(3), (6). Plaintiffs are also the owners of sound recordings protected under state law.
`
`27.
`
`In addition to manufacturing, distributing, licensing, and selling phonorecords in
`
`the form of CDs, vinyl records, and other tangible media, Plaintiffs distribute their sound
`
`recordings in the form of digital audio files delivered or performed over the internet through
`
`authorized services. Plaintiffs and the legitimate services with which they work provide a wide
`
`variety of lawful ways for consumers to enjoy recorded music that is distributed and performed
`
`over the internet, including digital download and/or streaming services like Apple Music, iTunes,
`
`Google Play, Amazon, Spotify, and many others. Unlike Defendants’ unauthorized and unlawful
`
`service, authorized services generally operate lawfully and pay Plaintiffs for sound recordings that
`
`they distribute or perform.
`
`28.
`
`Plaintiffs have invested and continue to invest significant money, time, effort, and
`
`creative talent to discover and develop recording artists, and to create, manufacture, advertise,
`
`promote, sell, and distribute sound recordings embodying their performances. Plaintiffs, their
`
`employees, their recording artists, and others in the music industry are compensated for their
`
`creative efforts and monetary investments largely from the sale and distribution of sound
`
`7
`
`
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`Case 1:18-cv-00957-CMH-TCB Document 1 Filed 08/03/18 Page 8 of 27 PageID# 8
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`recordings to the public, including the authorized online sale, streaming, and distribution described
`
`above.
`
`Defendants
`
`29.
`
`Defendant Tofig Kurbanov is a registrant or former registrant of the domain names
`
`for the FLVTO and 2conv websites (www.FLVTO.biz and www.2conv.com), and is the primary
`
`owner and operator of the FLVTO and 2conv websites.
`
`30.
`
`On information and belief, Defendant Kurbanov is a Russian citizen who lives in
`
`Russia. On information and belief, Defendant Kurbanov personally directs and participates in,
`
`and personally receives a direct financial benefit from, the conduct alleged herein.
`
`31.
`
`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
`
`Plaintiffs.
`
`32.
`
`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.
`
`THE YOUTUBE SERVICE
`
`33.
`
`YouTube (www.youtube.com) is an online video service. It is also the largest on-
`
`demand music service in the world. Every day, people watch and listen to hundreds of millions of
`
`hours of music videos that are available on YouTube and generate billions of “views” of those
`
`videos. Of the 100 most-viewed YouTube videos of all time, only six are not music videos.
`
`34.
`
`YouTube is a streaming service—the music videos on the site can be listened to
`
`and viewed by users while they are connected to the internet, but the transmission of those videos
`
`does not result in a permanent copy of the music video being made for offline access by the user.
`
`8
`
`
`
`Case 1:18-cv-00957-CMH-TCB Document 1 Filed 08/03/18 Page 9 of 27 PageID# 9
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`Music videos and the sound recordings that they contain cannot lawfully be downloaded, copied,
`
`saved, or distributed by YouTube users.
`
`35.
`
`In its Terms of Service, YouTube strictly limits what users may do on the site, and
`
`with content that appears on YouTube. Among other things, YouTube’s Terms of Service impose
`
`the following prohibitions:
`
`a. “You shall not copy, reproduce, distribute, transmit, broadcast, display, sell,
`
`license, or otherwise exploit any Content for any other purposes without the prior
`
`written consent of YouTube or the respective licensors of the Content.” (YouTube
`
`Terms of Service, ¶ 5(B));
`
`b. “You agree not to circumvent, disable or otherwise interfere with security-related
`
`features of the [YouTube] Service or features that prevent or restrict use or copying
`
`of any Content or enforce limitations on use of the Service or the Content therein.”
`
`(YouTube Terms of Service, ¶ 5(C));
`
`c. “You agree not to distribute in any medium any part of . . . the Content without
`
`YouTube’s prior written authorization, unless YouTube makes available the means
`
`for such distribution through functionality offered by the [YouTube] Service (such
`
`as the Embeddable Player).” (YouTube Terms of Service, ¶ 4(A)); and
`
`d. “You agree not to access Content through any technology or means other than the
`
`video playback pages of the [YouTube] Service itself, the Embeddable Player, or
`
`other explicitly authorized means YouTube may designate.” (YouTube Terms of
`
`Service, ¶ 4(C))
`
`36.
`
`YouTube has adopted and implemented technological measures to control access
`
`to content maintained on its site and to prevent or inhibit downloading, copying, or illicit
`
`9
`
`
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`Case 1:18-cv-00957-CMH-TCB Document 1 Filed 08/03/18 Page 10 of 27 PageID# 10
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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
`
`using a complex (and periodically changing) algorithm—known as a “rolling cipher”—that is
`
`intended to inhibit direct access to the underlying YouTube video files, thereby preventing or
`
`inhibiting the downloading, copying, or distribution of the video files.
`
`DEFENDANTS’ INFRINGING CONDUCT
`
`37.
`
`The FLVTO/2conv websites were designed and exist for one principal reason: to
`
`profit from the unauthorized reproduction and distribution of the popular copyrighted recorded
`
`music that appears on YouTube, a substantial portion of which is owned or controlled by Plaintiffs.
`
`Defendants accomplish this goal by unlawfully removing the audio tracks from videos that appear
`
`on the YouTube service, converting them to audio files, copying those files to the FLVTO/2conv
`
`servers, and then distributing those audio files to FLVTO/2conv users in the United States in the
`
`form of downloadable audio files.
`
`38.
`
`Stream ripping has become a major threat to the music industry, functioning as an
`
`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
`
`downloads of sound recordings over the internet and sales of phonorecords in tangible media with
`
`the mass distribution of unauthorized copies, depriving copyright owners of compensation and
`
`enriching unlawful actors at copyright owners’ and artists’ expense.
`
`39.
`
`The scale of stream ripping, and the corresponding impact on music industry
`
`revenues, is enormous. Plaintiffs are informed and believe, and on that basis allege, that tens, or
`
`even hundreds, of millions of tracks are illegally copied and distributed by stream-ripping services
`
`10
`
`
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`Case 1:18-cv-00957-CMH-TCB Document 1 Filed 08/03/18 Page 11 of 27 PageID# 11
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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.
`
`40.
`
`The reason for Defendants’ success is straightforward: Defendants have created
`
`stream-ripping services that, through a few simple mouse clicks on a computer, generate infringing
`
`copies of Plaintiffs’ sound recordings and distribute those infringing copies for free to any person
`
`who wants them. For example, the FLVTO home page—depicted in the figure below—promotes
`
`the simplicity and efficiency of this infringing service, touting that it “makes converting Streaming
`
`videos to mp3 online easier and faster than ever.”
`
`11
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`Case 1:18-cv-00957-CMH-TCB Document 1 Filed 08/03/18 Page 12 of 27 PageID# 12
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`41.
`
`Similarly, the 2conv homepage, depicted in the image below, boasts that it converts
`
`videos from YouTube in a single click:
`
`12
`
`
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`Case 1:18-cv-00957-CMH-TCB Document 1 Filed 08/03/18 Page 13 of 27 PageID# 13
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`42.
`
`Defendants’ infringement of Plaintiffs’ copyrighted sound recordings begins with
`
`a user who wants a copy of a song, for free. Taking FLVTO as an example, the user goes to
`
`YouTube (www.youtube.com) and searches for a video with the desired song, an example of which
`
`is seen in the figure below.
`
`13
`
`
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`Case 1:18-cv-00957-CMH-TCB Document 1 Filed 08/03/18 Page 14 of 27 PageID# 14
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`43.
`
`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
`
`interface on the FLVTO home page, and pastes or enters the URL into an input box. Once the
`
`URL is entered, the user clicks the “Convert To” button, as shown in the figure below.
`
`44.
`
`FLVTO then extracts the audio track from the YouTube video, converts it to an
`
`audio file, and copies the file to its servers. Plaintiffs are informed and believe, and on that basis
`
`14
`
`
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`Case 1:18-cv-00957-CMH-TCB Document 1 Filed 08/03/18 Page 15 of 27 PageID# 15
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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.
`
`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.
`
`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
`
`FLVTO service distributes the audio file directly from Defendants’ servers to the user’s computer,
`
`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
`
`website to convert the video to an audio file, and then download the converted audio file from
`
`Defendants’ servers, as Defendants explain on the 2conv website’s homepage, as follows:
`
`15
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`Case 1:18-cv-00957-CMH-TCB Document 1 Filed 08/03/18 Page 16 of 27 PageID# 16
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`47.
`
`In addition to distributing audio files to users, Defendants, through their
`
`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
`
`pay for the right to distribute Plaintiffs’ works, and thus deprive Plaintiffs of the revenues to which
`
`they are entitled for exploitation of their copyrighted works.
`
`16
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`Case 1:18-cv-00957-CMH-TCB Document 1 Filed 08/03/18 Page 17 of 27 PageID# 17
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`49.
`
`By drawing from music videos on YouTube, Defendants are, in effect, using
`
`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
`
`rapidly growing number of sound recordings to which Plaintiffs and/or their affiliated labels hold
`
`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
`
`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
`
`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
`
`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
`
`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.
`
`17
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`Case 1:18-cv-00957-CMH-TCB Document 1 Filed 08/03/18 Page 18 of 27 PageID# 18
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`Defendants have received substantial ill-gotten gains, including by running revenue-generating
`
`advertisements on the sites while committing massive copyright infringement.
`
`COUNT ONE
`
`(Direct Copyright Infringement)
`
`53.
`
`Plaintiffs repeat and reallege every allegation contained in paragraphs 1 through 52
`
`as if fully set forth herein.
`
`54.
`
`Defendants, without authorization or consent from Plaintiffs, reproduce and
`
`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
`
`constitutes a separate and distinct act of infringement.
`
`56.
`
`Defendants’ acts of infringement are willful, intentional, and purposeful, in
`
`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