Professional Documents
Culture Documents
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5 against Defendants Facebook, Inc. (“Facebook”) and Yao Wei Yeo (“Yeo”,
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collectively with Facebook as “Defendants”), hereby demands a jury trial and
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alleges as follows:
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9 THE PARTIES
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1. Plaintiff Daniel M. Miller, is an individual residing 2079 Kinsmon
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organized and existing under the laws of Delaware with its principal place of
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4. This action arises under the Laws of the United States, 17 U.S.C. § 1 et
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seq., including 17 U.S.. §§ 501 and 15 U.S.C. § 1 et seq. including 15 U.S.C. §§
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1125(a).
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6. Venue is proper in this judicial district pursuant to 28 U.S.C. § 1400(b)
5 jurisdiction in this district by virtue of, among other things, doing business and
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committing acts of infringement in this State, including in this judicial district,
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8 through agents and representatives and/or otherwise having substantial contacts with
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this State and this judicial district.
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8. On information and belief Defendant Yeo is subject to personal
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12 jurisdiction in this district by virtue of, among other things, committing acts of
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infringement in this State, including in this judicial district.
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15 FACTUAL BACKGROUND
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9. In early 2007, Plaintiff authored the video game Boomshine.
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10. Boomshine is a game played on the Internet using Adobe Flash ™
19 technology where players click on a floating circle that causes the clicked circle to
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expand and causes other contacted floating circles to likewise expand in a chain
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22 reaction.
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11. Boomshine was published by Plaintiff on the Internet on the website
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12. Plaintiff was duly and lawfully granted a copyright registration on
8 14. At least as early as April, 2009, Defendant Yeo published the game
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ChainRxn on a website hosted by Defendant Facebook.
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15. Defendant Facebook published ChainRxn in their Application
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12 Directory which allows every Facebook user to search and view the application
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from within the directory.
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15 16. Defendant Facebook took the affirmative step to approve ChainRxn for
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publication on its Application Directory.
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17. ChainRxn is a game played on the Internet using Adobe Flash™
19 technology where players click on a floating circle that causes the clicked circle to
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expand and causes other contacted floating circles to likewise expand in a chain
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22 reaction.
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18. ChainRxn copies the look and feel of Boomshine by incorporating
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20. Defendant Facebook provides advertisements on the webpage that
5 hereto as Exhibit A) demanding that Facebook remove ChainRxn from its website
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because it violates Plaintiff’s copyrighted Boomshine.
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12 23. Upon information and belief, after Defendant Yeo received the letter
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from Plaintiff demanding that he remove ChainRxn from the Facebook website,
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24. Despite the demands by Plaintiff that Defendants remove ChainRxn
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owned and copyrighted work by copying its look and feel: Boomshine, U.S.
2 Copyright Registration.
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27. Without authorization, Defendant Facebook induced and encouraged
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12 Registration TX0007089855.
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29. Plaintiff did not authorize Defendants’ copying, display or distribution
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copyright and that they did not have permission to exploit Plaintiff’s works.
22 Act.
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33. As a result of their wrongful conduct, Defendants are liable to Plaintiff
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25 for copyright infringement pursuant to 17 U.S.C. § 501. Plaintiff has suffered, and
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will continue to suffer, substantial losses, including but not limited to damage to his
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business reputation and goodwill.
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34. Plaintiff is entitled to recover damages, which include his losses and
2 any and all profits Defendants have made as a result of their wrongful conduct.
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WHEREFORE, Plaintiff prays for a judgment against Defendants on all
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5 counts as follows:
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A. That this Court enter permanent injunctive relief enjoining and
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retraining Defendant Yeo, his agents, licensees, servants, successors,
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with any of them, from the manufacture, publication, display,
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22 distribution, advertising of, sale, or offer for sale of ChainRxn and any
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other work which infringes Plaintiff’s copyrights in Boomshine;
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25 C. That this Court enter an order adjudging that Defendants have willful
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infringed upon Plaintiff’s copyrights in and to Boomshine;
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D. That this Court require Defendants to disgorge and to account to
2 Plaintiff for any and all profits derived by Defendants from the
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manufacture, production, publication, distribution, advertisement, sale,
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12 action.
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PLAINTIFF DEMANDS A TRIAL BY JURY.
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