random lengths copyright complaint
Post on 14-Apr-2018
214 Views
Preview:
TRANSCRIPT
-
7/27/2019 Random Lengths Copyright Complaint
1/8
PAGE 1COMPLAINT FOR COPYRIGHT INFRINGEMENT AND BREACH OF CONTRACT
J. Peter Staples, OSB No. 794042pete@chernofflaw.comWilliam O. Geny, OSB No. 830409bill@chernofflaw.com
CHERNOFF VILHAUER LLP
601 SW Second Avenue, Suite 1600Portland, OR 97204-3157Telephone: (503) 227-5631Facsimile: (503) 228-4373
Attorneys for Plaintiff
UNITED STATES DISTRICT COURT
DISTRICT OF OREGON
EUGENE DIVISION
RANDOM LENGTHSPUBLICATIONS,INC., an Oregon corporation,
Plaintiff,
v.
SPRENGER MIDWEST, INC.,a South Dakota corporation,
Defendant.
Case No.
COMPLAINT FOR COPYRIGHT
INFRINGEMENT AND BREACH
OF CONTRACT
DEMAND FOR JURY TRIAL
For its complaint against defendant, plaintiff alleges the following:
1. Plaintiff Random Lengths Publications, Inc. (Random Lengths) is an Oregon
corporation with its principal place of business in Eugene, Oregon. Random Lengths publishes
and distributes periodicals and newsletters containing timely information of interest to the forest
products industry.
Case 6:13-cv-01833-TC Document 1 Filed 10/15/13 Page 1 of 8 Page ID#: 1
mailto:pete@chernofflaw.commailto:pete@chernofflaw.commailto:bill@chernofflaw.commailto:bill@chernofflaw.commailto:bill@chernofflaw.commailto:pete@chernofflaw.com -
7/27/2019 Random Lengths Copyright Complaint
2/8
PAGE 2COMPLAINT FOR COPYRIGHT INFRINGEMENT AND BREACH OF CONTRACT
2. Upon information and belief, defendant Sprenger Midwest, Inc. (Sprenger) is a
South Dakota corporation with a principal place of business at 700 S. Fourth Avenue,
Sioux Falls, South Dakota 57104. Upon information and belief, Sprenger is a wholesale
distributor of lumber, plywood and other forest products.
3. This case arises under the Copyright Act, 17 U.S.C. 101-1332. This Court has
jurisdiction of the subject matter herein pursuant to 28 U.S.C. 1331 and 1338(a), and the
principles of supplemental jurisdiction set out in 28 U.S.C. 1367. Additionally, this Court has
subject matter jurisdiction pursuant to 28 U.S.C. 1332(a)(1) since the parties are citizens of
different states and the amount in controversy exceeds the sum or value of $75,000, exclusive of
interest and costs. This Court has personal jurisdiction over Sprenger because, upon information
and belief, Sprenger has established contacts within this state sufficient to permit the exercise of
personal jurisdiction including entering into contracts in this state, and regularly purchasing
wood products in this state.
4. Venue is proper in this District pursuant to 28 U.S.C. 1391(b) and (c).
PLAINTIFFS FACTUAL ALLEGATIONS
5. Random Lengths publishes a variety of periodical newsletters containing timely
information of interest to the forest products industries. Random Lengths publications include:
Random Lengths, The Weekly Report on North American Forest Products Markets(Weekly
Report);Random Lengths Market ReportMidweek(Midweek Report);Random Lengths
Panel Market Report(Panel Report);Random Lengths Lumber Market Report(Lumber
Report). Random Lengths also publishes the Panel Report and Lumber Report in spreadsheet
and database format. (The reports are collectively referred hereafter as the Reports or the
Case 6:13-cv-01833-TC Document 1 Filed 10/15/13 Page 2 of 8 Page ID#: 2
-
7/27/2019 Random Lengths Copyright Complaint
3/8
PAGE 3COMPLAINT FOR COPYRIGHT INFRINGEMENT AND BREACH OF CONTRACT
RLP Reports). The Lumber Report and the Panel Report are published separately prior to the
Weekly Report and are then incorporated into The Weekly Report when it is published.
6. The publications are sold pursuant to a Subscription Agreement. Exhibit A. The
Subscription Agreement informs subscribers that the Reports contain copyright-protected
material and the subscriber agrees not to retransmit the Reports to any third party or a separate
physical location of the Subscriber.
7. Random Lengths owns copyright rights in each edition of the Reports listed
above. All editions of RLP Reports contain copyright notices, e.g., Copyright 2012 Random
Lengths Publications Inc, and inform the reader that retransmission of the Report creates an
additional copy and is prohibited. Exhibit B.
8. Random Lengths owns copyright registrations for all its Reports. The Reports are
registered as periodicals, with a single registration covering multiple Reports.
9. Random Lengths distributes its Reports by mail and electronically via facsimile,
e-mail PDF transmissions, and email electronic file transmissions for the Reports in database or
spreadsheet format.
10. An email transmittal letter accompanies each email PDF, spreadsheet and
database report. The transmittal letters include a copyright notice and a warning that the Report
may not be retransmitted without written permission of the publisher. Exhibit C.
11. Each electronic transmission of a PDF Report includes a full page
IMPORTANT COPYRIGHT REMINDER, informing readers that the Report is protected
by U.S. copyright laws. Exhibit D. The Reminder also reiterates that retransmission of the
Report without written permission is unlawful. The spreadsheet and database Reports also
Case 6:13-cv-01833-TC Document 1 Filed 10/15/13 Page 3 of 8 Page ID#: 3
-
7/27/2019 Random Lengths Copyright Complaint
4/8
PAGE 4COMPLAINT FOR COPYRIGHT INFRINGEMENT AND BREACH OF CONTRACT
include a full-page notice reiterating that retransmission of the Report without written permission
is unlawful.
12. Periodically, Random Lengths publishes a warning article article explaining
that RLP owns copyright rights in the Reports and that retransmission of the Reports is a
violation of those rights. Exhibit E.
13. Random Lengths sends each Subscriber of the e-mail PDF Reports a Subscriber
Copyright Compliance Form reminding the Subscriber that Random Lengths Reports are
covered by copyright rights. The Compliance Form provides a place for the Subscriber to sign
and confirm that the Subscriber is in compliance. Exhibit F.
14. Sprenger has locations in Sioux Falls, SD and Lincoln, NE. Sprenger subscribes
to RLP Reports only at its Sioux Falls location, thus Sioux Falls is Sprengers only Licensed
Site. Under the terms of the Subscription Agreement and License, Reports may not be
distributed beyond the Licensed Site.
15. Since at least as early as 1987, Sprenger has subscribed to several RLP Reports.
16. Upon information and belief, for a number of years preceding May 2013,
Sprenger routinely made unauthorized copies of one or more RLP Reports by retransmitting
(forwarding via electronic means) one or more of the Reports to third parties and/or unlicensed
locations. Upon information and belief, in many cases the third-party recipients and/or persons
at the unlicensed locations made additional unauthorized copies by retransmitting the Reports to
further third parties and/or further unlicensed locations.
17. Upon information and belief Sprenger has forwarded copyrighted RLP Reports to
third parties and/or unlicensed locations, including but not limited to Dallas, TX, Denver, CO,
Case 6:13-cv-01833-TC Document 1 Filed 10/15/13 Page 4 of 8 Page ID#: 4
-
7/27/2019 Random Lengths Copyright Complaint
5/8
PAGE 5COMPLAINT FOR COPYRIGHT INFRINGEMENT AND BREACH OF CONTRACT
Lincoln, NE, Omaha, NE, Wall, SD, Chicago, IL, Cincinnati, OH, Newark, NJ, New York, NY,
West Point, GA, and Palm Desert, CA.
18. Upon information and belief, despite repeated and prominent warnings that
retransmission of RLP Reports is copyright infringement, many RLP Reports were copied by
Sprenger by unauthorized retransmission. Upon information and belief, many Reports were
copied multiple times by unauthorized retransmissions.
19. Sprengerhad actual notice of Random Lengths copyright rights in the Reports
and actual notice that retransmission of the copyrighted Reports is copyright infringement.
20. Upon information and belief, Sprengers actions described herein have been
willful, wanton, and in blatant disregard of Random Lengths rights.
FIRST CLAIM FORRELIEF
(Copyright Infringement)
21. This claim arises under Section 501 of the Copyright Act, 17 U.S.C. 501. The
allegations of paragraph 1-20 are incorporated herein by reference.
22. By electronically retransmitting RLP Reports to third parties and/or unlicensed
locations without the permission of Random Lengths, Sprenger has repeatedly, systematically,
and deliberately infringed Random Lengths copyright rights in those Reports, and Random
Lengths has been and will continue to be damaged by Sprengers actions unless Sprenger is
enjoined by this Court.
SECOND CLAIM FORRELIEF
(Breach of Contract)
23. This claim arises under the common law. The allegations of paragraphs 1-22 are
incorporated herein by reference.
Case 6:13-cv-01833-TC Document 1 Filed 10/15/13 Page 5 of 8 Page ID#: 5
-
7/27/2019 Random Lengths Copyright Complaint
6/8
PAGE 6COMPLAINT FOR COPYRIGHT INFRINGEMENT AND BREACH OF CONTRACT
24. By retransmitting RLP Reports to third parties and/or unlicensed locations,
Sprenger has repeatedly, systematically, and deliberately breached the Subscription Agreement,
and Random Lengths has been and will continue to be damaged unless Sprenger is enjoined by
this Court.
WHEREFORE, Random Lengths prays for judgment in its favor and against Sprenger on
all claims for relief and for an Order:
A. that Sprengerhas infringed Random Lengths copyright rights and that Random
Lengths has been damaged thereby;
B. awarding Random Lengths its actual damages caused by Sprengers infringement
and any of Sprengersprofits attributable to said infringement, pursuant to 17 U.S.C. 504;
C. as an alternative to Random Lengths actual damages and Sprengers profits,
awarding Random Lengths statutory damages pursuant to 17 U.S.C. 504(c);
D. enhancing such statutory damages due to the willful nature of Sprengers conduct
pursuant to 17 U.S.C. 504(c);
E. that Sprenger has breached the Subscription Agreement, and awarding Random
Lengths damages caused by Sprengers breach;
F. enjoining Sprenger, its officers, employees and assigns, and all those in privity
with them, from infringement ofRandom Lengths copyright rights in the RLP Reports and from
any further breaches of the Subscription Agreement;
G. awarding Random Lengths its costs and attorneys fees, pursuant to 17 U.S.C.
505 and the terms of the Subscription Agreement; and
Case 6:13-cv-01833-TC Document 1 Filed 10/15/13 Page 6 of 8 Page ID#: 6
-
7/27/2019 Random Lengths Copyright Complaint
7/8
PAGE 7COMPLAINT FOR COPYRIGHT INFRINGEMENT AND BREACH OF CONTRACT
H. awarding such other relief as the Court deems just and equitable.
DATED: October 15, 2013 Respectfully submitted,
CHERNOFF VILHAUER LLP
/s/ J. Peter StaplesJ. Peter Staples, OSB No. 794042William O. Geny, OSB No. 830409Telephone: (503) 227-5631Attorneys for Plaintiff
Case 6:13-cv-01833-TC Document 1 Filed 10/15/13 Page 7 of 8 Page ID#: 7
-
7/27/2019 Random Lengths Copyright Complaint
8/8
PAGE 8COMPLAINT FOR COPYRIGHT INFRINGEMENT AND BREACH OF CONTRACT
Plaintiff hereby demands a jury trial for all issues so triable.
CHERNOFF VILHAUER LLP
/s/ J. Peter StaplesJ. Peter Staples, OSB No. 794042William O. Geny, OSB No. 830409Telephone: (503) 227-5631Attorneys for Plaintiff
Case 6:13-cv-01833-TC Document 1 Filed 10/15/13 Page 8 of 8 Page ID#: 8
top related