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Case 2:08-cv-05623-R-RC Document 1 Filed 08/27/2008 Page 1 of 9

I KARIN G. PAGNANELLI (SBN 174763)


kgp@msk.com
2 MARL E. MAYER ( SBN 190969)
mem((^^ msk.com
3 MITCHELL SILBERBERG & KNUPP LLP
11377 West Olympic Boulevard
Los Angeles , California 90064-1683
4 Telephone : (310) 312-2000
5 Facsimile : (310) 312-3100
6 Attorneys for Plaintiff
ACTIV SION PUBLISHING, INC.
7

UNITED STATES DISTRICT COURT


CENTRAL DISTRICT OF CALIFORNIA

12 ACTIVISION PUBLISHING, INC., CASE NO.


13 Plaintiff,
COMPLAINT FOR COPYRIGHT
14 v. INFRINGEMENT
15 JAMES R. STRICKLAND aka RYAN
STRICKLAND,
16
Defendant.
17
18
19
20
21
22
23
24
25
26
27
Mitchell
28
Silberberg &
Knapp LLP
1944583.1
Case 2:08-cv-05623-R-RC Document 1 Filed 08/27/2008 Page 2 of 9

1 JURISDICTION AND VENUE


2
3 1. This is a civil action seeking damages and injunctive relief for
4 copyright infringement under the copyright laws of the United States (17 U.S.C.
5 § 101 et seq.).
6
2. This Court has jurisdiction under 17 U.S.C. § 101 et seq.; 28 U.S.C.
§ 1331 (federal question); and 28 U.S.C. § 1338(a) (copyright).

3. This Court has personal jurisdiction over the Defendant, and venue in
this District is proper under 28 U.S.C. § 1391(b), in that the acts of infringement
complained of herein originated in this District.

PARTIES

4. Plaintiff Activision Publishing, Inc. is a corporation duly organized

and existing under the laws of the State of Delaware, with its principal place of

business in the State of California.

5. Plaintiff is informed and believes that Defendant is an individual


residing in the State of New York.

COUNTI
INFRINGEMENT OF COPYRIGHTS

6. Plaintiff incorporates herein by this reference each and every


allegation contained in each paragraph above.
Mitchell
28
Silberberg &
Knupp LLP
1944583.1
11 1
Case 2:08-cv-05623-R-RC Document 1 Filed 08/27/2008 Page 3 of 9

I 7. Among other video games, Plaintiff is, and at all relevant times has
2 been, the copyright owner or licensee of exclusive rights under United States
3 copyright with respect to Call of Duty 3 (Xbox 360), which is the subject of a valid
4 Certificate of Copyright Registration issued by the Register of Copyrights, (PA 1-
5 375-497) ("Copyrighted Video Game").
6
7 8. Among the exclusive rights granted to Plaintiff under the Copyright
Act are the exclusive rights to reproduce the Copyrighted Video Game, to make or
create derivative works from the Copyrighted Video Game, and to distribute the
Copyrighted Video Game to the public.

9. Plaintiff is informed and believes that Defendant, without the


permission or consent of Plaintiff, has copied the Copyrighted Video Game and
distributed the Copyrighted Video Game to the public. In doing so, Defendant has
violated Plaintiff's exclusive rights of reproduction and distribution. Defendant's
actions constitute infringement of Plaintiff's copyrights and exclusive rights under
copyright. (Plaintiff is informed and believes that Defendant, without the
permission or consent of Plaintiff, has copied and/or distributed other copyrighted
video games - games not yet the subject of this lawsuit. After Plaintiff completes
its investigation, Plaintiff intends to amend this Complaint to add additional acts of
infringement.).

10. The foregoing acts of infringement have been willful and intentional,
in disregard of and indifference to the rights of Plaintiff.

11. As a result of Defendant's infringement of Plaintiff's copyrights and

exclusive rights under copyright, Plaintiff is entitled to statutory damages ranging


Mitchell
Silberberg & 28
from $30,000 to $150,000 for each infringement of each Copyrighted Video Game
Knupp LLP
1944583.1
2
Case 2:08-cv-05623-R-RC Document 1 Filed 08/27/2008 Page 4 of 9

I pursuant to 17 U.S.C. §504. Plaintiff further is entitled to its attorneys' fees and
2 costs pursuant to 17 U.S.C. §505.
3
4 12. The conduct of Defendant is causing and, unless enjoined and

5 restrained by this Court, will continue to cause, Plaintiff great and irreparable

6 injury that cannot fully be compensated or measured in money. Plaintiff has no

adequate remedy at law. Pursuant to 17 U.S.C. §§502 and 503, Plaintiff is entitled

to injunctive relief prohibiting Defendant from further infringing Plaintiff's

copyrights.

WHEREFORE, Plaintiff prays for judgment against Defendant as follows:

1. For an injunction providing:

"Defendant shall be and hereby is enjoined from directly


or indirectly infringing Plaintiff's rights under federal or
state law with respect to any copyrighted video games,
whether now in existence or later created, that is owned

or controlled by, or exclusively licensed to, Plaintiff (or

any parent, subsidiary, or affiliate of Plaintiff).

Defendant also shall destroy all copies of any


copyrighted video game that Defendant has, without the
permission of Plaintiff, in his possession, custody or
control."

2. For statutory damages ranging from $30,000 to $150,000 for each

infringement of each Copyrighted Video Game pursuant to 17 U.S.C. §504.


Mitchell
Silberberg & 28
Knupp U.P
1944583.1 3
Case 2:08-cv-05623-R-RC Document 1 Filed 08/27/2008 Page 5 of 9

1 3. For Plaintiff s costs in this action.


2
3 4. For Plaintiff's reasonable attorneys' fees incurred herein.
4
5 5. For such other and further relief as the Court may deem just and proper.
6
7 DATED: August 26, 2008 KARIN G. PAGNANELLI
MARC E. MAYER
MITCHELL SILBERBERG & KNUPP LLP

By.
Kfir n G. Pa ' eli
Attorn yys for Plaintiff
ACTIVSION PUBLISHING, INC.

17

Mitchell
28
Silberberg &
Knupp LLP
1944583.1 4
11
Case 2:08-cv-05623-R-RC Document 1 Filed 08/27/2008 Page 6 of 9

UNITED STATES DISTRICT COURT


CENTRAL DISTRICT OF CALIFORNIA

NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE FOR DISCOVERY

This case has been assigned to District Judge Manuel Real and the assigned discovery
Magistrate Judge is Rosalyn M. Chapman.

The case number on all documents filed with the Court should read as follows:

CV08- 5623 R (RCx)

Pursuant to General Order 05-07 of the United States District Court for the Central
District of California, the Magistrate Judge has been designated to hear discovery related
motions.

Unless otherwise ordered, the United States District Judge assigned to this case will
hear and determine all discovery related motions.

NOTICE TO COUNSEL

A copy of this notice must be served with the summons and complaint on all defendants (if a removal action is
filed, a copy of this notice must be served on all plaintiffs).

Subsequent documents must be filed at the following location:

[X] Western Division Ll Southern Division L] Eastern Division


312 N . Spring St., Rm . G-8 411 West Fourth St., Rm . 1-053 3470 Twelfth St., Rm. 134
Los Angeles , CA 90012 Santa Ana, CA 92701 -4516 Riverside , CA 92501

Failure to file at the proper location will result in your documents being returned to you.

CV-18 (03/06) NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE FOR DISCOVERY
Case (SBN
Karin G. Pagnanelli 2:08-cv-05623-R-RC
174763) kgp@msk.comDocument 1 Filed 08/27/2008 Page 7 of 9
Marc E. Mayer (SBN 190969) mem@msk.com
Mitchell Silberberg & Knupp LLP
11377 W. Olympic Boulevard
Los Angeles, CA 90064
Telephone: 310-312-2000
Facsimile: 310-312-3100

UNITED STATES DISTRICT COURT


CENTRAL DISTRICT OF CALIFORNIA

CASE NUMBER
ACTIVISION PUBLISHING, INC.
PLAINTIFF(S)
V

JAMES R. STRICKLAND aka RYAN STRICKLAND


SUMMONS
DEFENDANT(S).

TO:DEFENDANT(S): JAMES R. STRICKLAND aka RYAN STRICKLAND

A lawsuit has been filed against you.

Within 20 days after service of this summons on you (not counting the day you received it), you
must serve on the plaintiff an answer to the attached ® complaint ❑ amended complaint
I counterclaim ❑ cross-claim or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer
or motion must be served on the plaintiff's attorney, Karin G. Pagnanelli, whose address is Mitchell Silberberg
& Knupp LLP, 11377 W. Olympic Boulevard, Los Angeles, CA 90064. If you fail to do so, judgment by
default will be entered against you for the relief demanded in the complaint. You also must file your answer or
motion with the court.

Clerk, U.S. District Court

LATEE HORN
Dated: AN 2 7 2008 By:
Deputy Clerk

[Use 60 days if the defendant is the United States or a United States agency, or is an o he United States. Allowed
60 days by Rule 12(a)(3)J.

CV-01A (12/07) SUMMONS American LegalNet, Inc.


I www.US CourtF orms.com
Case 2:08-cv-05623-R-RC Document 1 Filed 08/27/2008 Page 8 of 9
UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA
CIVIL COVER SHEET

I (a) PLAINTIFFS (Check box if you are representing yourself ❑) DEFENDANTS


ACTIVISION PUBLISHING, INC. JAMES R. STRICKLAND aka RYAN STRICKLAND

(b) Attorneys (Firm Name, Address and Telephone Number. If you are representing Attorneys (If Known)
oursel> provide same.
Karin G. Pagnanelli (SBN 174763) kgp@msk.com
Marc E. Mayer (SBN 190969) mem@msk.com
Mitchell Siilberberg & Knupp LLP
11377 W. Olympic Blvd., Los Angeles, CA 90064
Telephone: 310-312-2000 Facsimile: 310-312-3100
11. BASIS OF JURISDICTION (Place an X in one box only.) III. CITIZENSHIP OF PRINCIPAL PARTIES - For Diversity Cases Only
(Place an X in one box for plaintiff and one for defendant.)

1 U.S. Government Plaintiff 3 Federal Question (U.S. PTF DEF PTF DEF
Goverment Not a Party Citizen of This State ❑ 1 ❑ 1 corporated or Principal Place ❑4 ❑4
of Business in this State
2 U.S. Government Defendant 4 Diversity (Indicate Citizenship Citizen of Another State ❑2 ❑2 Incorporated and Principal Place ❑ 5 ❑ 5
of Parties in Item III) of Business in Another State
Citizen or Subject of a Foreign Country ❑ 3 ❑ 3 -reign Nation ❑6 ❑6

IV. ORIGIN Place an X in one box on] .


® 1 Original 2 Removed from 3 Remanded from 4 Reinstated or 5 Transferred from another dis trict (specify): 6 Multi- 7 Appeal to District
Proceeding State Court Appellate Court Reopened District Judge from
Litigation Magistrate Judge
V. REQUESTED IN COMPLAINT: JURY DEMAND: ❑ Yes ® No (Check'Yes' onl if demanded in complaint.)
LASS ACTION under F.R.C.P. 23: ❑ Yes ® No ❑ MONEY DEMANDED IN COMPLAINT: S

VI. CAUSE OF ACTION (Cite the U. S. Civil Statute under which you are filing and write a brief statement of cause. Do not cite jurisdictional statutes unless diversity.)
17 U.S.C. section 501 et se g. - copyright infringement
VII. NATURE OF SUIT lace an X in one box on ly.)

❑ 400 State Reapportionment 1 t0 Insurance 710 Fair Labor Standards


❑ 410 Antitrust 120 Marine ❑ 310 Airplane 510 Motions to Vacate Act
❑ 430 Banks and Banking 130 Miller Act 315 Airplane Product 370 Other Fraud Sentence Habeas ❑ 720 Labor/Mgmt.
Liability 371 Truth in Lending Corpus Relations
❑ 450 CommerceACC 140 Negotiable Instrument
Ratesietc. ❑ 150 Recovery of ❑ 320 Assault, Libel & 380 Other Personal 530 General ❑ 730 Labor/Mgmt.
❑ 460 Deportation Overpayment & Slander Property Damage 535 Death Penalty Reporting &
Enforcement of ❑ 330 Fed. Employers' 385 Property Damage 540 Mandamus/ Disclosure Act
❑ 470 Racketeer Influenced
and Corrupt Judgment Liability Product Liability Other ❑ 740 Railway Labor Act
Organizations 151 Medicare Act ❑ 340 Marine ❑ 550 Civil Rights ❑ 790 Other Labor
❑ 480 Consumer Credit 152 Recovery of Defaulted ❑ 345 Marine Product 22 Appeal 28 USC ❑ 555 Prison Condition Litigation
158 zv,
❑ 490 Cable/Sat TV Student Loan (Excl. Liability ' ❑ 791 Empl. Ret. Inc.
Veterans) 350 Motor Vehicle 423 Withdrawal 28 Security Act
❑ 810 Selective Service
153 Recovery of 355 Motor Vehicle USC 157 ❑ 610 Agriculture
❑ 850 Securities/Commodities/ ❑
Overpayment of Product Liability 820 Copyrights
Exchange 620 Other Food &
Veteran's Benefits El 360 Other Personal 441 Voting Drug 830 Patent
E] 75
8. Customer Challenge 12
USC 3410 160 Stockholders' Suits Injury 442 Employment 625 Drug Related 840 Trademark _
❑ 890 Other Statutory
q Actions 190 Other Contract E] 362 Personal Injury- 443 Housin Acco- Seizure of = ti ..m
gl t 1 11
❑ 195 Contract Product Med Malpractice mmodations Property 21 USC ❑ 61 HtA(1395f1)
❑ 891 Agricultural Act
❑ 892 Economic Stabilization Liability ❑ 365 Personal Injury- 444 Welfare 881 862 Black Lung (923)
Act 196 Franchise Product Liability 445 American with 630 Liquor Laws 863 DIWC/DIWW
ll'EI+ } i ❑ 368 Asbestos Personal Disabilities - 640 R.R.& Truck 405 (g))
El893 Environmental Matters -
Injury Product Employment 650 Airline Regs ❑ 864 SSID Title XVI
❑ 894 Energy Allocation Act ❑ 2[0 Land Condemnation
Liability ❑ 446 American with
❑ 895 Freedom of Info. Act 220 Foreclosure -,• .,• ,. 660 Occupational ❑ 865 RS[ (405(g))
- Disabilities - Safety /Health
❑ 900 Appeal of Fee Determi- 230 Rent Lease & Ejectment ' la - '
❑ 462 Naturalization Other 690 Other 870 Taxes (U.S. Plaintiff
nation Under Equal 240 Torts to Land
Access to Justice Application 440 Other Civil or Defendant )
245 Tort Product Liability
❑ 950 Constitutionality of State ❑ 463 Hab eas C orpus- Ri g hts 871 IRS-Third Party 26
290 All Other Real Property ❑
Statutes Alien Detainee USC 7609
❑ 465 Other Immigration
Actions

FOR OFFICE USE ONLY: Case Number:


AFTER COMPLETING THE FRONT SIDE OF FORM CV-71, COMPLETE THE INFORMATION REQUESTED BELOW.
CV-71(05/08+1c^ CIVIL COVER SHEET Page I of2
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Case 2:08-cv-05623-R-RC Document 1 Filed 08/27/2008 Page 9 of 9
UNITED STATES DISTRICT COURT, CENTRAL DISTRICEOF CALIFORNIA
CML COVER SHEET

a IDENTICAL CASES: Has this action been previously fled in this court and dismissed, remanded or closed? "® No
If es, list case number(s):

). RELATED CASES: Have an cases been previously filed in this court that are related to the resent case? ® No ❑ Yes
es, list case nurnbe s

'I cases are deemed related if a previously filed case and the-present case:
(Check all boxes that apply) [I A. Arise from the same or closely related transactions, happenings, or events; or
❑ B. Call for determination of the same or substantially related or similar questions of law and fact; or
❑ C. For other reasons would entail substantial duplication of labor if heard by different judges; or
❑ D. Involve the same patent, trademark. or copyright, and one of the factors identified above in a, b or c also is present.

VENUE: (When completing the following information, use an additional.sheet if necessary.)

a) List the County in this District; California County outside of this District; State if other than California; or Foreign Country, in which EACH named plaintiff resides.
Check here if the government, its agencies or employees is a named laintif£ If this box is checked o to item b).
County.in this District:' California County outside of this Distnck State, if other than California; or Foreign Country ..

Los Angeles

b) List the County in this District; California County outside of this District-, State if other than California; or Foreign Country, in which EACH named defendant resides.
Check here if the government, its agencies or employees is a named defendant. If this box is checked, go to item (c)_
County in this District:* California County outside of this District; State, if other than California; or Foreign Country

Wyoming

c) List the County in this District; California County outside of this District; State if other than California; or Foreign Country, in which EACH claim arose.
Note: In land condemnation cases, use the location of the tract of land involved

County in this District:' California County outside of this District; State, if other than California; or Foreign Country

Wyoming

* Los Angeles, Orange, San Bernardino, Riverside, Ventura, Santa Barbara, or San Luis Obispo Counties
Note: In land condemnation cases, use the location of the trac land in Ived

. SIGNATURE OF ATTORNEY OR PRO PER : ll' ate ugust 26, 2008


Karih G. PagrraWli

Notice to CounseltParties : The CV-71 (JS-44) Civil Cover Sheet and the information contained herein neither replace nor supplement the filing and service of pleadings
or other papers as required by law. This form, approved by the Judicial Conference of the United States in September 1974, is required pursuant to Local Rule 3 -1 is not filed
but is used by the Clerk of the Court for the purpose of statistics, venue and initiating the civil docket sheet- (For more detailed instructions, see separate instructions sheet.)

CV-71 (05/08) CIVIL COVER SHEET Page 2 of 2


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