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Dale M. CendaliJoshua L. SimmonsKIRKLAND & ELL IS LLP601 Lexington AvenueNew Y ork, New Y ork 10022Telephone: (212) 446-4800Facsimile: (212) [email protected]@kirkland.comAttorneys for Plaintiff Fox News N etwork, LLC

JUDGF

13 CV 5315

UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF NEW YORK

FOX NEWS NETWO RK, LLC,Plaintiff,

- against -TVEY ES, INC.,

Case No.

Defendant.

COMPLAINTPlaintiff Fox News Network, LLC ("Fox News"), by and through its attorneys, Kirkland

& Ellis LLP, for its Complaint, hereby alleges against Defendant TV Eyes, Inc. ("TVEye s") asfollows:

NATURE OF THE ACTION1.his action seeks to recover damag es that Fox News has suffered and to prevent

the irreparable harm that continues to threaten Fox N ews as a result of TV Eyes's willfulinfringement of Fox New s's valuable intellectual property rights in and to its televisionprogramming and content. Specifically, TVEyes copies Fox News's proprietary programming

Case 1:13-cv-05315-AKH Document 1 Filed 07/30/13 Page 1 of 46

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713 2013 5:01:11J PM

twenty-four hours a day as it is being telecast and makes the p rogramming available for asubscription fee to Internet users on its website, .

2.s the following image illustrates, TVEyes m akes verbatim reproductions of FoxNews's programming and the closed captioning associated therewith. After unlawfully andwillfully appropriating all of Fox N ews's content, TVE yes, without Fox New s's consent,distributes, publicly performs and publicly displays that content on its own website:Media Monitoring Suite /7 ) - tveyesTranscript Log InTranscript

Fox News - U .S. CableThe O 'Reil ly Factor+ National Viewership: 2,211,292

National Pu blicityValue $145,613-58

FNC 7/03/2013 8:01:13 PM: ...to enterthe no spin zone the factor beginsright now, bill o'reilly, thanks for watchingus tonight, the fbi and the irs, that is thesubject of this evening's talkingpoints memo a conservative groupcalled the american center for law andjustice says that the federal bureauof investigation has riot even contacted,has not even contacted any of the41 groups involved in the class action suitagainst the irs, as you may know,the federal tax agency admits it targetedsome conservative organizations andindividuals, delaying tax exempt statusand auditing some people because of theirpolitical beliefs, that's a huge scandal,if true, and it is the fbi's job to see if

Webpage from TV Eyes's Media Monitoring Suite Website3.pon information and b elief, in a deliberate attempt to profit from Fox N ews'svaluable intellectual property, TV Eyes sells subscriptions to its Media M onitoring Suite service

to users who can then view Fox News's programming on the TVEyes website (the "InfringingService"). The Infringing Service directly competes with Fox News' telecasting and cliplicensing services.

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4. TVE yes is well aware that it must obtain a license, consent or authorization fromFox N ews in order to reproduce, distribute, publicly perform, publicly display and/or otherwise

use Fox News's programming and content in this manner. In fact, TVEyes contacted Fox Newsseeking a license for its use of Fox N ews content. Fox N ews declined and dem anded on m ultipleoccasions that TVE yes cease its willful and infringing reproduction of Fox N ews's content.TVEyes has refused to comply and even to respond to Fox News's most recent letter. Uponinformation and belief, continues infringing Fox New s's copyrights.

5. In sum, TVE yes has engaged, and continues to engage, in a pattern and practiceof knowingly, intentionally and willfully infringing Fox News's copyrights. It is attempting tobuild a business by stealing Fox N ews's programm ing and content, and reproducing,distributing, publicly performing an d publicly displaying purloined cop ies of that content.Mo reover, despite Fox New s's repeated requests that TV Eyes cease its infringing activities,TV Eyes has continued to misappropriate and profit from Fo x New s's copyrighted content.

6. Accordingly, due to T VE yes's blatant and willful infringement and refusal tocease and d esist, Fox New s has no ch oice but to file this lawsuit seeking injunctive relief anddamag es that it has suffered as a result of TVEyes's direct and contributory copyrightinfringement under the Co pyright Act of 1976, 17 U.S.C. 101 et seq., and state lawmisappropriation.

PARTIES7. Plaintiff Fox New s is a limited liability compan y having its principal place of

business in the State of New Y ork and is qualified to do business and is doing business in theState of New York and in this judicial district. Fox New s is, and at all times material herein was,owner of Fox N ews Channel and Fox Business Network and engaged in the business, amongother things, of creating, producing, distributing and m arketing television program s.

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8. Defendant TV Eyes is a corporation organized and existing under the laws of theState of Delaware and having offices in Fairfield, Connecticut and, upon information and belief,

New Y ork, New Y ork. TVEyes ow ns and operates the website available at.

JURISDICTION AND VE NUE9. This action arises under the Copyright Act of 1976, 17 U .S.C. 101 et seq., and

New York state law. This Court has jurisdiction pursuant to 28 U.S.C. 1331, 1338 and 1 367.10. Venu e is proper in this District under 28 U.S.C. 1391 and 1400.

ALLEGATIONS COMMON TO ALL CLAIMS FOR RELIEFI.ox News and Its Award-Winning Programming11 . Fox News is one of the world's preeminent news organizations. It is engaged inthe business of creating and producing original television programming and content, gatheringnews a nd information, and telecasting, publicly performing, publicly displaying, licensing andotherwise distributing its copyrighted programming and co ntent. Fox New s owns and op eratestwo national cable channels: FOX N ews Channel ("FNC") and FO X B usiness Network ("FBN")(collectively, the "Fox News Networks").

12 . FNC has been in operation since October 7, 1996. It is a 24-hour all-encom passing news service dedicated to delivering breaking new s as well as political andbusiness news. A top five cable network, FNC has been the most watched ne ws channel in thecountry for m ore than ten years and , according to Public Po licy Polling, is the m ost trustedtelevision news source in the country. FNC is available in more than 90 million homes anddom inates the cable news landscape, routinely notching the top ten programs in the genre.

13 . FBN has been in operation since October 2007. It is a financial news channeldelivering across all platforms real-time information that impacts bo th Main S treet and Wa ll

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Street. Headquartered in New York C itythe financial capital of the worldFB N is the onlybusiness network to telecast in full-screen 720p high definition throughout the programming day.FBN is distributed to more than 60 m illion subscribers.

14. Amo ng the copyrighted content created and distributed by Fox News is its awardwinning programming, such as The O'Reilly Factor, Hannity, On the Record with Greta VanSusteren, The Five and Special Report with Bret Baier.

15 . The O'Reilly Factor, a news and talk show hosted by on air personality BillO'Reilly, has been the highest rated cable news show for more than ten consecutive years. Itfirst aired on FNC in 1996. Since that time, it has won two BM I Cable Aw ards and has beennominated for the TC A A ward for Outstanding Achievement in New s and Information.

16 . Hannity is a television show hosted by S ean Hannity, one of the most prominentand influential conservative voices in the country. Since 2009, the program has offered a mix ofnews, commentary, interviews and branded segments, such as the Great American Panel, whichis made up o f three nightly in-studio guests from across the political spectrum w ho discussvarious issues.

17 . On the Record with Greta Van Susteren is a prime-time news and interviewprogram, which launched in February 2002. Ms. Susteren has conducted numerous high-profileinterviews, including, but not limited to, interviews of former Presidents G eorge H. W . Bush,Bill Clinton and George W . Bush. On the Record is the highest rated cable news program in the10:00 11 :00 p.m. timeslot.

18 . The Five is a talk show featuring varying p ersonalities and guests that discusscurrent political issues and po p culture. It features a rotating panel of hosts, including A ndrea

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Tantaros, Bob B eckel, Dana Perino, Eric Bolling, Greg G utfield, Juan W illaims and K imberlyGuilfoyle.

19. Special Report with Bret Baier is a news and political commentary program thatairs live on w eekdays from 6:00 7:00 p.m. ET. Du ring its time slot, it is the number one newsprogram on cable. Anchored by Washington news veteran Bret Baier, Special Report providesin-depth analysis of news and political issues.

Distribution of Fox News's Programming20 . Fox News' programming and content are distributed via the Fox News Networks,

which telecast Fox New s's content 24 hours a day, every day. From these telecasts, Fox Newsderives revenue both from its cable comp any licensees and from its advertising partners. Cablecompa nies pay Fox New s a royalty based on subscriber fees for access to Fox N ews's valuablecontent. Advertisers pay Fox N ews a fee to telecast advertisements during comm ercial breaks inFox News's programming. Both sources of revenue are determined, in part, based on theviewership of the Fox News Networks.

21 . In addition to these telecasts, Fox New s offers select video clips of itsprogramming and content via its own websites, including and; through licensed websites, such as Hulu and Y ouTube ; and via the ITN Sou rcearchival footage library, which is available at . Not all of FoxNew s's content is available on the Internet; much of its content remains exclusive to the FoxNews N etworks.

22 . Fox N ews receives revenues from each authorized w ebsite. With regard to videoclips on Fox New s's own web sites, Fox N ews is paid by advertisers to embed ad vertising such

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that viewers will see the advertising before reaching Fox News's content. The inclusion of FoxNews's programming on Hulu and YouTube provides similar revenues.

23 . ITN So urce, on behalf of Fox New s, licenses past Fox New s content through itsonline library of video clips. ITN Source's library includes over fifty thousand Fox News clipsselected from the full range of Fox N ews program ming and con tent. Furthermore, ITN S ourceoffers to seek licenses from Fo x New s for clips not already offered in the online catalog. FoxNew s derives revenue from all licenses sold by ITN Source.III.ox News's Valuable Intellectual Property Rights in its Programming

24 . Fox News has invested vast resources, including time, effort, talent, creativity andmoney , to produce its programm ing. Its programm ing has a large following of fans throughoutthe world making the Fox N ews N etworks two of the most popular channe ls in television today.Fox prod uces up-to-the-minute news repo rting on the timely matters that most interestconsum ers. In addition to high-quality news reporting, Fox N ews produc es creative andexpressive programmingincluding myriad videos, sounds and imagesthat is original to FoxNew s and constitutes copyrightable subject matter under the laws of the United States.

25 . Each Fox N ews episode is separately written, produced and directed andconstitutes a separate copyrighted w ork as a television motion picture. Fox New s also holds thecopyrights for each episode's closed captioning.

26 . While registering each episode produced on Fox News's two 24-hour cablenetworks would be unduly burdensome, Fox News has registered with the United StatesCopy right Office a representative samp le of its most recent program ming as television motionpictures (the "Works"). Included among the Works are the following episodes:

annity Episode of July 3, 2013, 9:00 p.m.In this episode, Hannity airs his exclusive interview with G eorgeZimmerman and attorney Mark O 'Mara. They discuss what happened on- 7 -


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the night of the shooting of Trayvon Martin, straighten out the record overrumors that Hannity offered to pay for Zimmerman's legal defense, andallow Zimmerman to deliver a message to the Martin family and thepublic.

The O'Reilly Factor Episode ofJuly 3, 2013, 8:00 p.m.In this episode, O'Reilly comments on the FBI's failure to aggressivelyinvestigate the IRS, discusses the removal of anti-terror ads under pressurefrom the far left, covers the latest on the murder trial of GeorgeZimmerman, and reports on the coup in Egypt.

Fox Report with Shepard Smith Episode ofJuly 3, 2013, 7:00 p.m.In this episode, Shepard Smith reports on the murder trial of GeorgeZimmerman, the military coup in Egypt, and the 150th anniversary of theBattle of Gettysburg.

The O'Reilly Factor Episode ofJuly 2, 2013, 8:00 p.m.In this episode, O'Reilly comments on the murder trial of GeorgeZimmerman, analyzes with Charles Krauthammer the public's opinion ofthe Supreme Court, discusses with John Stossel Paula Deen's shatteredcareer, and reports on the death of firefighters in an Arizona wildfire.

Special Report with Bret Baier Episode ofJuly 2, 2013, 6:00 p.m.In this episode, Shannon Bream fills in for Bret Baier and reports onunrest in Egypt, the NSA leaks and Edward Snowden, the murder trial ofGeorge Zimmerman, the implementation of the Affordable Care Act,government sequestration, waste in the social security system, the BP oilspill, and the 150th anniversary of the Battle of Gettysburg.

The Five Episode ofJuly 2, 2013, 5:00 p.m.This episode features Andrea Tantaros, Bob Beckel, Eric Bolling, DanaPerino, and Greg Gutfeld discussing Islamic extremism, unrest in Egypt,the publicity push for the Affordable Care Act, the NSA leaks and EdwardSnowden, a British survey about pretending to be more clever or culturedto impress others, and a 19-year-old jailed over a threat made onFacebook. Greta Van Susteren guests to discuss the murder trial of GeorgeZimmerman.

Hannity Episode ofjune 28, 2013, 9:00 p.m.In this episode, Hannity covers recent developments in the murder trial ofGeorge Zimmerman, airs highlights of a previously recorded interviewwith George Zimmerman, and comments on allegations that racism causedthe shooting of Trayvon Martin.

Special Report with Bret Baier Episode ofJune 28, 2013, 6:00 p.m.In this episode, Bret Baier reports on congressional investigations into IRSmisconduct, the NSA leaks and Edward Snowden, President Obarna's trip

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to Africa, the murder trial of George Zimm erman, the arrest of NFL-starAaron Hernandez, gun legislation, and the U .S. military presence inAfghanistan. The Five Episode ofJune 28, 2013, 5:00 p.m.This episode features Kimberly Guilfoyle, Bob B ecket, Eric Bolling, DanaPerino, and Greg G utfeld discussing the murder trial of GeorgeZimmerm an, the arrest of NFL-star Aaron Hernandez, the NSA leaks andEdward Snowden, Alec Baldwin's salacious tweets, responses toFacebook questions from fans, workplace drinking, and a New Yorkcourt's ruling that tip jars at Starbucks m ust be shared w ith supervisors. On the Record with G reta Van Susteren Episode ofJune 26, 2013,10:00 p.m.This episode covers the ongoing cong ressional investigations into the IRS,murder charges against NFL -star Aaron Hernandez, the murder trial of

George Zimm erman, a home invasion caught on camera in New Jersey,and the landmark Supreme Cou rt decisions on DOM A and Proposition 8. Fox Report with Shepard Smith Episode of Novem ber 2, 2012, 7:00 p.m.In this episode, Shepard Smith reports on gas rationing in part of NewJersey, the cancellation of the New York C ity marathon, and the final jobsreport before Americans head to the polls. The Five Episode of Novem ber 2, 2012, 5:00 p.m.This episode features Andrea Tantaros, Bob B eckel, Eric Bolling, DanaPerino, and Greg G utfeld discussing the devastation from Hurricane Sandyand the current state of the presidential race. On the Record with G reta Van Susteren Episode of October 31, 2012,10:00 p.m.This episode focuses o n the current state of the presidential race, where anew po ll out six days before the election show s that the contest is deadeven. Hannitv Episode of October 31, 2012, 9:00 p.m.In this episode, Hannity discusses looting, gas shortages, powe r outages,and food shortages causing chaos throughou t the North East. Hannitycomments on President Obama's response to Hurricane Sandy and showshow the President is abandoning bipartisanship to misrepresent GovernorRom ney's record and stance on the issues in the last week before theelection. The O'Reilly Factor Episode October 31, 2012, 8:00 p.m.In this episode, O'Reilly comm ents on the dangerous and extremeelements of the Dem ocratic Party threatening violence if Barack Obam alooses reelection and on Al Go re and the far left blaming Hurricane Sandy

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on global warm ing as an election ploy. Guests on this episode includeDenis Miller, Karl Rover, and Dick Mo rris. Special Report with Bret Baier Episode of October 29, 2012, 6:00 p.m.

In this episode, Bret Baier reports on the historic H urricane Sandy bearingdown o n the Atlantic Coast and on the havoc the mon ster storm maywreak on the presidential campaigns. Hannity Episode of October 22, 2012, 11:05 p.m.This special edition episode of H annity was broadcast live from the spinroom following a P residential debate. Hannity presents his views of thetwo very different candidates that took the stage and a debate that wasfrenetic and at times desperate. Hannity discusses the debate with R ubioMarco, Governor Sarah Palin, and John Sununu. Special Report Investigates: Death & Deceit in Bengha zi Episode of

October 19, 2012, 10:00 p.m.In this special broadcast, Bret Baier reports on the terrorist attack inBenghazi that resulted in the death of four Am ericans at the U.S. consulateon the ann iversary of 9/11. Baier's reporting team tries to answer theimportant questions: Who did this, and how ? Should our governm ent haveseen it coming? D id President Obama try to hide the truth? Is this a hugescandal that exposes a failed Obama foreign policy, or is Mitt Rom ney justsaying it is? The O'Reilly Factor Episode October 16, 2012, 8:00 p.m.In this episode, broadcast just before the presidential debate at HofstraUniversity, O'Reilly comm ents on the current state of the election with the

latest polling and with analysis from Ch arles Krauthammer, Larry Sabato,and Sco tt Rasmussen. A dditionally, supported with investigation byColonel David Hunt, O'Reilly addresses the growing Libya scandal andreports that the State Dep artment heard the terror attack live.Attached hereto as Exhibit A, and incorporated herein by reference, are true and correct copiesof the Certificates of Registration issued by the Copyright O ffice for the W orks. The attachedcertificates reflect the date upo n wh ich Fox N ews app lied for a Certificate of Registration, thedate on w hich the certificate was issued and the registration number assigned.

27.he W orkswhich feature unique commentary and reporting by Fox N ewsemployees, various graphics and im ages, the selection of distinctive and stylized camera ang les,and the closed captioning associated with each episodeare creative expression of news events- 10 -


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that were the product of editorial discretion and substantial journalistic skills, resources, andcreative energies.

28 . The W orks also are of great value to Fox New s and are watched weekly bymillions of viewers. In fact, on multiple occasions, the viewerships for episodes of Hannity andThe O'Reilly Factor have been between four and six million.

29 . Fox N ews is, and at all times m aterial herein was, the sole own er and proprietorof all right, title and interest in and to the copyrights in the W orks. The cop yrights in the Wo rksare presently valid and subsisting and w ere valid and subsisting at all times affecting the matterscomplained of herein.IV. TVEyes

30 . TVE yes is engaged in the p arasitic business of offering and providing to thepublic for a fee copies of television programm ing and content created by others. According to itswebsite, TVE yes delivers "real-time TV and radio content on an international platform for a flatfee." Upon information and belief, while TVEye s originally followed an advertising revenue-based business mod el, today, TV Eyes charges a subscription fee of $500 per month per user forthe use of the Infringing Service. Th e Infringing Service is not publicly available.

31 . As a "media monitoring company," TVEyes records broadcast and cabletelevision and radio content twenty-four hours each day from various media m arkets including,in the United States, "all 210 DM As [Designated M arket Areas] and more than 1,600 stationsincluding all major network affiliates and network cable television stations." The copies ofbroadcasts and cable television and radio content made by T VE yes and offered by TVE yes to itsusers, are saved, stored or m aintained on servers or other computer equipment ow ned or leasedby, maintained on beh alf of, or otherwise under the direction or control of, TVEy es.


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32 . TVE yes makes all of the infringing content it records available for viewing orlistening by its users without any com mentary or analysis. Whe n a user selects one of theInfringing Service's videos, TVE yes distributes, publicly performs and publicly displays thecontent by streaming the video content and displaying the closed captioning from TV Eyes'sservers to the user's computer.

33 . Videos are av ailable contemporaneously with their original broadcasts, as w ell asthrough the Infringing Service's archive of media clips and transcripts. As described in theInfringing Service's User Guide, TVEyes provides its users with "a real time visual snapshot ofwhat is being broadcast across each channel in the TVEY ES footprint." Once a user selects astation, TVEyes d istributes, publicly performs and p ublicly displays a "real time transcript andvideo for the selected station."

34 . The Infringing Service contains a search function that permits TVE yes's users tosearch for keywo rds, phrases and topics found in, upon information and belief, the closedcaptioning associated with the broadcast and cable television and radio content copied byTVEyes. Unlike Internet search engines, such as Google Web Search and Bing, TVEyes doesnot index and ena ble searches of content published and available on the Internet. Instead,TVEyes's search function only searches within TVEyes's own archive of unauthorized copies ofbroadcast, cable and radio content that TVEyes illicitly copied. Thus, TVEyes does not make iteasier for Internet users to find content residing on other websites. Rather, it simply mak es iteasier for TVEy es to publicly perform, publicly display and distribute TVE yes's unauthorizedreproductions of others' content.

35 . As the screenshot below illustrates, users of the Infringing Service also are able tolocate programming and content by date range, specific stations and markets.

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Media Monitoring Suite .0 1 \ /EgES,p16 0 Mmou r Delp/Tim. Smart'. Pon., 5, mix I lop Cod

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Infringing Service's Date/Time SearchThus, the Infringing Service permits users to view programming and content days or monthsafter it was originally broadcast.

36. Users of the Infringing Service also can download an unlimited number of copiesof the content that TVEyes illicitly reproduces. Moreover, the Infringing Service includes a clipeditor that allows users to create derivative works based upon TVEyes's infringing content.V.VEyes's Infringement of and Commercial Exploitation ofFox News's Copyrighted Programming

37. TVEyes has taken upon itself, without any license or authorization from FoxNews, to misappropriate the entirety of the Works that Fox News has developed at great expenseand to reproduce, to distribute, to publicly perform and/or to publicly display verbatim copies ofthe Works. TVEyes copies Fox News's programming twenty-four hours each day as thatprogramming is being telecast by Fox News or its licensees. As the side-by-side screenshotsbelow illustrate, TVEyes then makes the programming, including, but not limited to, the Works,available to Internet users around the world through the Infringing Service.

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THE TRAYVON MARTINMURDER CASEAll honestAmericansshould let the justice

system work.

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P 5,3 E. ,, 6201310 . 11 3PMAuthorized Clip of the June 26, 2013 Episodenfringing Copy of the June 26, 2013 Episode ofof On the Record on FoxNews.com On the Record on TVEyes38 . In so doing, TVEy es infringes Fox News's valuable and proprietary creativeexpression and v iolates Fox New s's right to the exclusive use of its creative products incontraventions of its copyrights in the W orks. TVE yes also free rides on the expense and effortFox N ews has invested in producing its premium, up-to-the-minute news reporting.

39 . By virtue of its infringing activities, TVEyes has developed a business that, uponinformation and be lief, produces m illions of dollars in revenue e ach year.

40 . Moreover, TVEyes directly competes with Fox News's own attempts to monetizeits works. First, users of the Infringing Service are ab le to substitute their viewership of the F oxNews Networks by watching TVEyes's contemporaneous reproductions of Fox News's telecasts.Second, the Infringing Service serves as a substitute for users watching Fox New s programmingon Fox News's own websites and the websites of its licensees. Third, when users wish to search,dow nload and use video clips from past telecasts on specific content, the Infringing Servicesubstitutes for ITN S ource, Fox N ews's licensed clip library.

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VI.VEyes Refuses to Cease Infringing Fox News's Copyrights andAppropriating Fox News's Works41 . TVE yes knows that it must obtain a license or other authorization from Fox New s

in order to use the Works in the m anner described above. T VEy es's Director of Client Relations,Robert Bruder, contacted Fox N ews seeking to form a partnership. Mr. Bruder notified FoxNews that TVEyes had been using Fox News's content without authorization and that TVEyesnow sought a license from Fox N ews in exchange for which it would com pensate Fox News. Inresponse, Fox News demanded that TVEyes cease its use of Fox News's content. TVEyes,however, refused to take dow n the infringing content.

42 . Fox New s again contacted TVE yes and demanded that its content be taken downimmed iately. TV Eyes again refused to take down the infringing content.

43 . Due to TV Eyes's repeated refusals, Fox N ews, through its outside counsel, sentTV Eyes on A pril 16, 2013 the letter attached as Exhibit B. In the letter, Fox Ne ws's counsel setforth in detail, citing recent and controlling case law, w hy the Infringing Service's use of F oxNews's content constituted copyright infringement. The letter also demanded that TVEyes ceaseany further use or distribution of Fox News's content. Fox News's counsel reiterated its demandin a subsequent e-mail exchange with TVE yes Founder and CE O, D avid Ives.

44. TVE yes never responded substantively to the letter.45 . Despite Fox N ews's repeated efforts to resolve this dispute without court

intervention, TV Eyes has not remov ed Fox N ews's content from the Infringing Service and,

upon information and belief, continues to use Fox News's content in the manner describedabove.

46 . Moreo ver, upon information and belief, TV Eyes recently has expanded its use ofFox N ews's content by, amon g other things, creating a mo bile phone application for the

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Infringing Service and increasing its international presence, both of w hich are designed to buildTV Eyes's user base. By doing so, TVE yes increasingly diverts users from Fox Ne ws's telecastsand licensed clip services.VII. The Harm to Fox News

47 . As discussed above, Fox N ews produces cab le television programs for which itreceives revenue from subscriber fees, advertising in telecasts, advertising embedd ed in contentmade available on the Internet, and clip licensing.

48 . TVEyes's willful infringement robs Fox News of these revenues. Its verbatimreproduction of the Works, without consent, (1) allows TV Eyes to profit commercially withoutpaying the traditional price, and (2) devalues and cau ses substantial harm to the value o f theWorks. Thus, Fox News has been damaged by TVEyes's conduct in an amount to be determinedaccording to proof.

49. Moreo ver, upon information and belief, TV Eyes is aware that its profits come atthe expense of content producers like Fox New s. Nevertheless, TVEyes does not collect fees forFox News. Instead, it monetizes Fox News's contentwhich one TVEyes employee hasdescribed as "clearly very significant"and keeps the profits for itself, thus underm ining FoxNew s's investment in its content in order to create its award-w inning programm ing. In so doing,TV Eyes also underm ines the incentive for Fox New s to continue to produce such high-qualityprogramming.

50. TV Eyes's acts of reproduction, public performance and public display of theWorks are just a sample of the massive ongo ing pattern and practice of infringement undertakenby TVEyes. All day, each and every day, TVEyes continues to create unauthorized copies ofFox News's programming and content as it is aired by Fox News.

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51 . Upon information and belief, unless enjoined by this Court, TVE yes intends tocontinue to infringe upon F ox New s's copyrights and otherwise to profit from Fox New s's

works.52 . Accordingly, Fox News has suffered irreparable damages. Fox News has no

adequate remedy at law to redress all of the injuries that TVEyes has caused and intends to causeby its conduct. Fox Ne ws w ill continue to suffer irreparable damage until TVE yes's actionsalleged above are enjoined by this Court.

CLAIMS FOR RELIEF

COUNT ICopyright Infringement (17 U.S.C. 101 et seq.)53 . Fox N ews repeats and realleges each and every allegation above as if fully set

forth herein.54 . The W orks are original, creative works and copy rightable subject matter under the

laws of the U nited States.55 . Fox N ews is the owner of valid copyrights in the Wo rks, and the Register of

Copy rights has issued valid Certificates of Registration as indicated in E xhibit A.56 . Fox N ews has com plied in all respects with 17 U.S.C. 101, et seq., and has

secured the exclusive rights and privileges in and to the copyrights in its television programm ingand content.

57 . By its actions, alleged above, T VEy es has infringed and will continue to infringeFox News's copyrights in and relating to Fox News's programming and content by, inter alia,reproducing, distributing, publicly performing and pub licly displaying the W orks without anyauthorization or other permission from Fo x New s.

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58 . TVE yes's infringement of Fox N ews's copyrights has been deliberate, willful andin utter disregard of Fox N ews's rights.

59 . Upon information and belief, as a direct and proximate result of its wrongfulconduct, TV Eyes has obtained benefits, including, but not limited to, investments in thecompany to w hich TVE yes is not entitled.

60 . As a direct and proximate result of TV Eyes's wrongful condu ct, Fox New s hasbeen substantially and irreparably harmed in an am ount not readily capable of determination.Unless restrained by this Court, TVE yes will cause further irreparable injury to Fox New s.

61 . Fox N ews is entitled to injunctive relief enjoining TV Eyes, its agents andemployees, and all persons acting in concert or participation with it, from en gaging in any furtherinfringement of Fox News's copyrighted programming and content.

62 . Fox N ews is further entitled to recover from TV Eyes the dama ges, includingattorneys' fees and costs, it has sustained and will sustain, and any gains, profits and adva ntagesobtained by TV Eyes as a result of its acts of infringement as alleged above. At present, theamoun t of such damages, gains, profits and advantages cannot be fully ascertained by Fox New s,but will be established according to p roof at trial. Fox N ews also is entitled to recover statutorydamages for TVEyes's willful infringement of its copyrights.

COUNT IIState Law Misappropriation (Hot News)

63 . Fox N ews repeats and realleges each and e very allegation above as if fully set

forth herein.64 . Fox N ews incurs substantial expense producing and distributing to customers its

premium daily and weekly up-to-the-minute news programming and commentary.

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65 . The value of much o f Fox New s's product is extremely time sensitive. TV Eyesoffers Fox News co ntent to consumers before Fox New s has had a chance to fully distribute itscontent to its consumers through authorized services.

66 . TV Eyes's use of the content that Fox N ews creates constitutes free-riding on FoxNew s's significant investment in preparing, producing, and distributing premium new s reportingon the specific news matters that interest customers.

67 . TV Eyes's subscription services directly compete with Fox New s and its licensedpartners' services by distributing Fox New s's valuable content to the same consum ers that FoxNew s and its licensed partners target. TVEye s infringing services convey the appearance thatTV Eyes is a legitimate distributor of Fox New s content, intentionally misleading consum ers tobelieve that there is a connection or association between Fox N ews and T VEyes w here there isnone.

68 . If TVE yes is allowed to continue its willful free-riding on F ox New s'sprogramm ing, it will substantially reduce Fo x New s's incentive and ability to produce newcontent, jeopardizing both the quality and the quantity of premium new s reporting available toconsumers.

69 . TVEyes's actions constitute "hot news" misappropriation under New Yorkcomm on law. TV Eyes has acted willfully, in bad faith, and without regard for Fox New s's rights.

70 . Fox N ews has suffered and w ill continue to suffer immediate, severe, andirreparable harm to its business and reputation. Fox N ews has no remedy at law that w illadequately address all of the past and continuing harm it has and w ill suffer as a result ofTVEyes's past and continuing conduct.

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COUNT IIIState Law Misappropriation (Direct Competition)

71 . Fox N ews repeats and realleges each and every allegation above as if fully setforth herein.

72. As detailed above, Fox New s expends considerable time and expense inproducing and distributing its premium programming and content. Fox News's content and itsreputation have significant monetary value to Fox N ews.

73 . TVE yes uses Fox New s's work in competition with it, including, but not limitedto, by providing an archival clip service in com petition w ith Fox New s's licensing partner, ITNSource. TVEyes's service also allows customers to watch Fox programming online incompe tition with Fox N ews's cable partners, Fox N ews's own w ebsites, and its website partners.TVEyes's contemporaneous distribution of Fox News's content directly competes with FoxNew s cable telecasts.

74. TV Eyes has willfully misappropriated Fox New s's property rights in itsprogramm ing and content. By intentionally misappropriating Fox N ews content and palming itoff to consumers through its unauthorized sales and services, TV Eyes intentionally misleads thepublic to believe that there is a connection or association between Fox New s and TV Eyes wh erethere is none.

75. As a result, TVEyes gains a special advantage over Fox News because TVEyesbears none of the expense of producing new s programm ing and content on the news ma tters thatinterest viewers. Upon inform ation and belief, TV Eyes has mad e, and continues to make,substantial profits as a direct result of its appropriation of Fo x N ews co ntent.

76. As a result of TV Eyes's misappropriation, Fox New s has suffered significantcomm ercial and monetary dam ages as well as injury to its reputation.

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77.ox New s has no remedy at law that will adequately address all of the past andcontinuing harm it has and w ill suffer as a result of TVEyes's past and continuing con duct. As adirect and proximate result of TVE yes's conduct, Fox New s has suffered and will continue tosuffer damages in an am ount presently unknown and to be ascertained at time of trial.

PRAYER FOR RELIEFWH ERE FOR E, Plaintiff Fox News respectfully requests judgment against Defendant

TVE yes as follows:A. Find that TVEyes has infringed Fox News's copyrights in the Works;B. Find a substantial likelihood that TV Eyes w ill continue to infringe Fox N ews's

intellectual property unless enjoined from doing so;C. Issue a preliminary and perman ent injunction enjoining TVE yes, and its agents,

servants, employees, attorneys, successors and assigns, and all persons, firms andcorporations acting in con cert with it, from directly or indirectly infringing FoxNew s's copyrights, including, but not limited to, reproducing, distributing,publicly performing or publicly displaying any of Fox N ews's programm ing orcontent in connection with any service offered by TVEye s, from enga ging infurther acts of misappropriation, and from participating or assisting in any suchactivity;

D. Order TVEyes to render a full and complete accounting to Fox News forTV Eyes's profits, gains, advantages or the value of the bu siness opportunitiesreceived from the foregoing acts of infringement;

E. Enter judgment for Fox News against TVEyes for all damages suffered by FoxNew s and for any profits or gain by TVE yes attributable to infringem ent of FoxNew s's intellectual property in amoun ts to be determined at trial;

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F. Enter judgment for Fox News against TVEyes for statutory damages based uponTVEyes's willful acts of infringement pursuant to the Copyright Act, 17 U.S.C.

101 et seq.;G. Enter judgment for Fox News against TVEyes for punitive damages in amounts to

be determined at trial;H. Award Fox News costs and disbursement of this action, including reasonable

attorneys' fees and costs pursuant to 17 U.S.C. 505;I. Award Fox News pre-judgment and post-judgment interest, to the fullest extent

available, on the foregoing; andJ. Grant such other, further and different relief as the Court deems just and proper.

DEMAND FOR JURY TRIALPlaintiff Fox News demands a trial by jury on all issues so triable in this action.

Dated: New York, New York KIRKLAND & ELLIS LLPJuly 30, 2013 /7ad_Dale M. CendaliJoshua L. Simmons601 Lexington AvenueNew York, New York 10022Telephone: (212) 446-4800Facsimile: (212) [email protected]@kirkland.comAttorneys for PlaintiffFox News Network, LLC


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Exhibit A


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Certificate of RegistrationThis Certificate issued under the seal of the CopyrightOffice in accordance with title 17, United States Code,attests that registration has been made for the workidentified below. The information on this certificate hasbeen made a part of the Copyright Office records.

Register of Copyrights, United States of America

Registration Numb erPA 1-818-109Effective date ofregistration:

December 26, 2012

TitleTitle of Work: On the Record with Greta Van Susteren - Episode of Wednesday 10/31/2012 10:00 PM

Completion/Publication Year of Completion: 2012Date of 1st Publication: October 31, 2012 Nation of 1st Publication: United StatesAuthor Author: Fox News Network, LLCAuthor Created: entire motion pictureWork made for hire: Yes

Citizen of: United States Domiciled in: United StatesCopyright claimant

Copyright Claimant: Fox News Network, LLC1211 Avenue of the Americas, New York, NY, 10036, United States

CertificationName: Joshua L. Simmons

Date: December 11, 2012

Page 1


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0.444: .1k-i-eov.iRegister of Copyrights, United States of America Registration N umberPA 1-818-110Effective date ofregistration:December 26, 2012Title Title of Work: Special Report with Bret Baler - Episode of Monday 10/29/2012 6:00 PMCompletion/Publication Year of Completion: 2012

Date of 1st Publication: October 29, 2012Nation of 1st Publication: United StatesAuthor uthor: Fox News Network, LLCAuthor Created: entire motion pictureWork made for hire: YesCitizen of: United States Domiciled in: United States

Copyright claimantCopyright Claimant: Fox News Network, LL C1211 Avenue of the Americas, New York, NY, 10036, United States



Page 1


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Registration Num berPA 1-818-111Effective date ofregistration:

December 26, 2012

Title Title of Work: The Five - Episode of Friday 11/02/2012 5:00 PMCompletion/Publication Year of Completion: 2012

Date of lst Publication: November 2, 2012ation of 1st Publication: United StatesAuthor uthor: Fox News Network, LLCAuthor Created: entire motion pictureWork made for hire: YesCitizen of: United States Domiciled in: United StatesCopyright claimantCopyright Claimant: Fox News Network, LLC

1211 Avenue of the Americas, New York, NY, 10036, United StatesCertification

Name: Joshua L. SimmonsDate: December 11, 2012

Page 1


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Certificate of RegistrationsTATEs, This Certificate issued under the seal of the Copyright

d Office in accordance with title 17, United States Code,attests that registration has been made for the workidentified below. The information on this certificate hasbeen made a part of the Copyright Office records.01,4AL

Register of Copyrights, United States of America8 7 0

Registration Num berPA 1-818-112

Effective date ofregistration:December 26, 2012

TitleTitle of Work: The O 'Reilly Factor - Episode of Tuesday 10/16/2012 8:00 PM

Completion/Publication Year of Comp letion: 2012Date of 1st Publication: October 16, 2012Nation of 1st Publication: United StatesAuthor Author: Fox News Network, LLCAuthor Created: entire motion pictureWork made for hire: Yes





Page 1


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.STATEs.

1870 '

Certificate of RegistrationThis Certificate issued under the seal of the CopyrightOffice in accordance with title 17, United States Code,attests that registration has been made for the w ork identified below. The information on this certificate has been made a part of the Copyright Office records.

oi,444:_. ARegister of Copyrights, United States of America

Registration NumberPA 1-818-113

Effective date ofregistration:December 26, 2012

Title Title of Work: The O 'Reilly Factor - Episode of W ednesday 10/31/2012 8:00 PMCompletion/Publication

Year of Completion: 2012Date of 1st Publication: October 31, 2012Nation of 1st Publication: United StatesAuthor Author: Fox News Network, LLCAuthor Created: entire motion pictureWork made for hire: YesCitizen of: United States Domiciled in: United States

Copyright claimantCopyright Claimant: Fox News N etwork, LLC

1211 Avenue of the Americas, New York, NY, 10036, United States



Page 1


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Registration NumberPA 1-818-114Effective date ofregistration:

December 26, 2012

Title Title of Work: Special Report Investigates: Death & Deceit in Benghazi - Episode of Friday10/19/2012 10:00 PMCompletion/Publication

Year of Completion: 2012Date of 1st Publication: October 19, 2012Nation of 1st Publication: United StatesAuthor Author: Fox News Network, LLCAuthor Created: entire motion picture

Work made for hire: YesCitizen of: United States Domiciled in: United States

Copyright claimantCopyright Claimant: Fox News N etwork, LLC1211 Avenue of the Americas, New York, NY, 10036, United States



Page 1


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Certificate of Registration0) . sTATts

'1870 '

This Certificate issued under the seal of the Copyright,r6ffice in accordance with title 17, United States Code,attests that registration has been made for the work0dentified below. The inform ation on this certificate hasz been made a part of the Copyright Office records.


Registration Num berPA 1-818-118Effective date ofregistration:

December 26, 2012

TitleTitle of Work: The Fox Report with Shepard Smith - Episode of Friday 11/02/2012 7:00 PM

Completion/Publication Year of Com pletion: 2012

Date of 1st Pu blication: November 2, 2012 Nation of 1st Publication: United StatesAuthor

Author: Fox News Network, LLCAuthor Created: entire motion pictureWork m ade for hire: YesCitizen of: United States Domiciled in: United States

Copyright claimantCopyright Claimant: Fox News Network, LLC




Correspondence: Yes

Page 1 o


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Certificate of RegistrationThis Certificate issued under the seal of the CopyrightOffice in accordance w ith title 17, United States Code,attests that registration has been made for the work

0dentified below. The inform ation on this certificate hasx been made a part of the Copyright Office records.Register of Copyrights, United States of America

Registration Numb erPA 1-818-120Effective date ofregistration:

December 26, 2012

TitleTitle of Work: Hannity - Episode of Monday 10/22/2012 11:05 PM


Date of 1st Publication: October 22, 2012 Nation of 1st Publication: United StatesAuthor Author: Fox News Network, LLCAuthor Created: entire motion pictureWork m ade for hire: YesCitizen of: United States Domiciled in: United States





Page 1 o


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ARegister of Copyrights, United States of America

Registration NumberPA 1-818-122

Effective date ofregistration:

December 26, 2012

TitleTitle of Work: Hannity - Episode of Wednesday 10/31/2012 9:00 PM

Completion/Publication Year of Completion: 2012

Date of 1st Publication: October 31, 2012 Nation of 1st Publication: United StatesAuthor

Author: Fox News Network, LLCAuthor Created: entire motion pictureWork made for hire: YesCitizen of: United States Domiciled in: United States



CertificationName: Joshua L. SimmonsDate: December 11, 2012

Page 1 o


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otA ctie...Register of Copyrights, United States of Am erica Registration N umberPAu 3-679-883Effective date ofregistration:July 15, 2013TitleTitle of Work: The O'Reilly Factor - Episode of Wednesday 07/03/2013 8:00 PM


Author Author: Fox News Network, LLCAuthor Created: entire motion pictureWork made for hire: YesCitizen of: United States Domiciled in: U nited StatesCopyright claimantCopyright Claimant: Fox News Network, LLC


Name: Joshua L. SimmonsDate: July 11, 2013

Page 1 o


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Certificate of RegistrationThis Certificate issued under the seal of the CopyrightOffice in accordance with title 17, United States Code,attests that registration has been made for the work0dentified below. The information on this certificate hasbeen made a part of the Copyright Office records.Register of Copyrights, United States of America

Registration Num berPAu 3-679-885

Effective date ofregistration:July 15, 2013

TitleTitle of Work: The O'Reilly Factor - Episode of Tuesday 07/02/2013 8:00 PM


AuthorAuthor: Fox News Network, LLCAuthor Created: entire motion pictureWork made for hire: YesCitizen of: United States Domiciled in: U nited StatesCopyright claimantCopyright Claimant: Fox News N etwork, LLC



Page 1 o


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k. 100.NdRegister of Copyrights, United States of America

Certificate of RegistrationThis Certificate issued under the seal of the CopyrightOffice in accordance with title 17, United States Code,attests that registration has been made for the workO identified below. The information on this certificate has been made a part of the Copyright Office records.

.5TAT4 .

870

Registration N umberPAu 3-679-887


TitleTitle of Work: Hannity - Episode of W ednesday 07/03/2013 9:00 PM


Author Author: Fox News Network, LLCAuthor Created: entire motion picture

Work made for hire: YesCitizen of: United States Domiciled in: U nited States

Copyright claimantCopyright Claimant: Fox News N etwork, LLC1211 Avenue of the Americas, New York, NY, 10036, United States

CertificationName: Joshua L. SimmonsDate: July 11, 2013

Page 1 o


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Register of Copyrights, United States of Am erica

Registration N umberPAu 3-679-888Effective date ofregistration:

July 15, 2013

Title Title of Work: Hannity - Episode of Friday 06/28/2013 9:00 PMCompletion/Publication

Year of Com pletion: 2013Author uthor: Fox News Network, LLC

Author Created: entire motion pictureWork made for hire: Yes

Citizen of: United States Domiciled in: United StatesCopyright claimantCopyright Claimant: Fox News N etwork, LLC



Page 1 o


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ALRegister of Copyrights, United States of AmericaRegistration Numb erPAu 3-679-890


TitleTitle of Work: The Fox Report with Shepard Smith - Episode of Wednesday 07/03/2013 7:00 PM


Author Author: Fox News Network, LLCAuthor Created: entire motion pictureWork made for hire: YesCitizen of: United States Domiciled in: United StatesCopyright claimantCopyright Claimant: Fox News Network, LLC



Page 1 o


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Registration NumberPAu 3-679-891Effective date of

registration:July 15, 2013

TitleTitle of Work: On the Record with Greta Van Susteren - Episode of Wednesday 06/26/2013 10:00 PM


Author Author: Fox News Network, LLC




CertificationName: Joshua L. SimmonsDate: July 11, 2013

Page 1 o


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PaLtiRegister of Copyrights, United States of AmericaRegistration Num ber

PAu 3-679-895Effective date ofregistration:

July 15, 2013

TitleTitle of Work: The Five - Episode of Friday 06/28/2013 5:00 PM


AuthorAuthor: Fox News Network, LLC


Citizen of: United States Domiciled in: United StatesCopyright claimantCopyright Claimant: Fox News Network, LLC



Page 1


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Registration Num berPAu 3-679-898


TitleTitle of Work: The Five - Episode of Tuesday 07/02/2013 5:00 PM


Author Author: Fox News Network, LLCAuthor Created: entire motion pictureWork m ade for hire: YesCitizen of: United States Domiciled in: United StatesCopyright claimant



Date: July 11, 2013

Page 1 o


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9 . sTAT.ps.0006t,0Z

0'y

/870 '


Certificate of RegistrationThis Certificate issued under the seal of the CopyrightOffice in accordance with title 17, United States Code,attests that registration has been made for the workidentified below. The information on this certificate hasbeen made a part of the Copyright Office records. Registration Num berPAu 3-679-900


Title Title of Work: Special Report with Bret Baier - Episode of Tuesday 07/02/2013 6:00 PMCompletion/Publication

Year of Completion: 2013Author Author: Fox News Network, LLC

Author Created: entire motion pictureWork mad e for hire: Yes

Citizen of: United States Domiciled in: United StatesCopyright claimantCopyright Claimant: Fox News Network, LLC



Page 1 o


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9 STATE&);tG)'7g

'ty / 870 '


0,44.1_ ARegister of Copyrights, United States of AmericaRegistration NumberPAu 3-679-902


TitleTitle of Work: Special Report with Bret Baier - Episode of Friday 06/28/2013 6:00 PM

Completion/Publication Year of Comp letion: 2013

AuthorAuthor: Fox News Network, LLC


Citizen of: United States Domiciled in: United StatesCopyright claimant Copyright Claimant: Fox News Network, LLC



Page 1


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Exhibit B


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IURKLAND & ELLIS LLPAND AFFILIATED PARTNERSHIPS

601 Lexington AvenueNew York, New York 10022

Dale CendaliTo Call Writer Directly:

(212) [email protected]

(212) 446-4800www.kirkland.com

Facsimile:(212) 446-4900

April 16, 2013Via E-mail and Federal ExpressMr. David IvesTVEyes Inc.2150 Post RoadFairfield, CT [email protected]

Re:nfringing Use of Fox News ContentDear Mr. Ives:We are intellectual property counsel for Fox News Network, LLC ("Fox News"). FoxNews is one of the world's preeminent news organizations. It is engaged in the business ofcreating and producing original television programming and content, gathering news andinformation, and broadcasting, publicly performing, licensing and otherwise distributing itscopyrighted programming and content (the "Fox News Content").

As you know, Fox News repeatedly has requested that TVEyes take down the Fox NewsContent and cease infringing its material, but TVEyes has refused. TVEyes, without any licenseor authorization from Fox News, has misappropriated the entirety of the Fox News Content bycopying it twenty-four hours each day as that programming is being telecast by Fox News or itslicensees. TVEyes also is making the Fox News Content available to Internet users around theworld through its website.

In so doing, TVEyes infringes Fox News's valuable and proprietary creative expressionand violates Fox News's right to the exclusive use of its creative products. 17 U.S.C. 106. Infact, a court in the Southern District of New York recently found that a similar online mediamonitoring service's copying of news content constituted copyright infringement. AssociatedPress v. Meltwater US. Holdings, Inc., No. 12 Civ. 1087, 2013 WL 1153979 (S.D.N.Y. Mar. 21,2013). In that case, the defendant claimed that its services were that of an Internet searchengineust as TVEyes does on its homepagebut the court determined that its services werenot. Id. at *13. Instead, the court determined that the defendant's service was nothing more thananother in a long line of infringing news clipping services. Id. at *16 (citing Video Pipeline, Inc.v. Buena V ista Home E ntm't, Inc., 342 F.3d 191, 199 (3d Cir.2003) (clip previews of movies);Nihon Keizai Shimbun, Inc. v. Com line Business Data, Inc., 166 F.3d 65, 72 (2d Cir.1999)

Chicagoong Kongondonos Angelesunichalo Altoan Franciscohanghaiashington, D.C.


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KIRKLAND & ELLIS LLP

Mr. David IvesApril 16, 2013Page 2

(abstracts of news articles); Infinity Broadcast C orp. v. Kirkwood, 150 F.3d 104, 108 (2dCir.1998) (radio monitoring service); Los Angeles New s Service v. 'Alio, 973 F.2d 791, 797, 799(9th Cir.1992) (video news clipping service.); Pacific and Southern Co., Inc. v. Dunca n, 74 4F.2d 1490, 1496 (11th Cir.1984) (TV news clipping service)). Moreover, the court found thatthe defendant's use had a strong effect on the market and the value of the AP's works,particularly because it directly competed with the AP's use and interfered with the AP's abilityto receive licensing revenue for its works. Id. at *21.

Similarly, here, TVEyes's service is no more than a traditional video clipping servicemade available over the Internet. Further, its use of the Fox News Content directly competeswith Fox News's own use and its ability to license the Fox News Content to others. Thus, it isclear that TVEyes's use of the Fox News Content constitutes copyright infringement.

Accordingly, we demand that you immediately cease any further use or distribution of theFox News Content through your website or through any other means. Failure to do so wouldmake you accountable, under federal law, for statutory damages, compensatory damages,disgorgement of profits, and costs and attorneys' fees. 17 U.S.C. 504, 505.

Please contact me or my colleague Joshua Simmons [email protected] or(212) 446-4989 immediately to let us know that you will comply with our request. We hope thiscan be resolved amicably.

* * *Nothing contained in this letter is intended as or should be construed to be a waiver or

relinquishment of any right or remedy held by our client, all of which are hereby expresslyreserved.


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