Case 1:14-cv-00298-RLP-NONE Document 4 Filed 06/30/14 Page 1 of 1 PagelD #:28

CIVL I4-OO298.RLP
FILED IN THE
L'NITED STATES DISTR]CT COLE.T
DISTRICT OF HAWAII
Jun 30, l0l.l
.{t;!-oclockand l0 min
&alb
V )
ORDER SETTING RULE 16 SCHEDULING CONFERENCE
I
ORDER SETTING STATUS CONFERENCE
TO BE SET before.
t]
Magistrate Judge Bany M. Kuren in Courtroom 7
tl
Magisffate Judge Kevin S.C. Chang in Courtroom 5
Vl
Magistrate Judge Richard L. Puglisi in Courtrooom 6
r' cft
Pursuant to Rule l6 of the Federal Rules of Civil Procedure ("Fed.R.Civ.P.") and Local
Rule 16.2 of the Rules of the United States District Court for the District of Hawaii:
.
Pafties are reminded that, unless otherwise ordered by the Couft, a rneeting of the
parties must occur at least 21 days prior to the Scheduling Conference and a report
submitted to the Court. Except as otherwise provided by L.R. 26.1(c), no formal
discovery may be commenced before the meeting of the parties.
.
Each party shall file a Scheduling Conference Statement pursuant to L.R. 16.2(b),
and shall attend in person or by counsel.
.
Failure to file andior attend will result in imposition of sanctions, (including fines
or dismissal), under Fed.R.Civ.P. 16(0 and L.R. 11.1.
DATED at Honolulu, Hawaii on Monday, June 30,2014.
/s/ Susan Mollwav
Chiel U.S. District Judge
THIS SCHEDULING ORDER IS ATTACHED TO THE INITIATING DOCUMENT
(COMPLAINT/NOTICE
OF REMOVAL) & MUST BE SERVEp WITH THE
DOCUMENT. PLEASE DO NOT REMOVE.
Activity in Case 1:14-cv-00298-RLP-NONE Tylor v. Vermont Woods Studios,
LLC Set Hearings
hid_resp@hid.uscourts.gov
<hid_resp@hid.uscourts.gov> Tue, Jul 1, 2014 at 8:05 AM
To: hawaii_cmect@hid, uscourts.gov
This rs an automatic e-rnail message generated by the CM/ECF system. Please DO NOT RESPOND to this
e-mail because the mail box is unattended.
*'NOTE
TO PUBLIG AGCESS USERS* Judicial Gonference of the United Stetes policy permits attorneys
of record and partiea in a case (including pro se litigants) to receive one free elecfonic copy of all
documents filed elecbonically, if receipt is required by law or directed by the ffler. PACER access fees
epply to all other users. To avoid later charges, download a copy of each docurnsnt during this lirst
viewing. tlowover, if the referenced document is a transcript the ftee copy and 30 page limit do not
apply.
U.S. District Court
Dishict of Hawaii
Notice of Electronic Filing
The following tnansaction was entersd on71112014 at 8:05 AM HST and filed on71112014
Case Name: Tylor v, Vermont Woods Studios, LLC
CaseNumber: 1:14*v-00298-RI-P-NONE
Filer:
Document Number: 8(No document attached)
Docket Text:
EO: Rule 16 Scheduling Gonfurcnce has been set for 9:30AM on 10127n014 before
JUDGE RICHARD L. PUGLISI. Counselfor Plaintiff shall notify Defendants of the Rule
16 Scheduling Confiercnce set by the Court. (JUDGE RICHARD L. PUGLISI)(II,
)
CERTIFICATE OF SERVICE
ParticipanE ragistBred io rocoiyo olscronac notiftcatlons rocslved this documontcloctronically at tho o-rnail addrstc listod on tho
l{otice of Eloctronic Filing (NEF}. Panlcipants notroglstcrod to rocoivo oloctronic notillcaUoag woro sorvod by firstclass mail on tho
daE of this dockotontry
Case 1:14-cv-00298-RLP-NONE Document 5 Filed 06/30/L4 Page L of 1 PagelD #: 30
CIVL 14.OO298.RLP
T]NITED STATES DISTRICT COURT
DISTRICT OF HAWAII
NOTICE OF ASSIGNMENT
TO UNITED STATBS MAGISTRATE JUDGE
In accordance with the Order Authorizing Direct Assignment of Civil Cases to
U.S. Magistrate
judges,
dated October L,2009, this case has been assigned to
Magistrate Judge Richard L. Puglisi for all purposes including trial and final
entry ofjudgment. Any appeal from a
judgment
entered by the magistrate
judge
may be taken to the United States Court of Appeals for the Ninth Circuit in the
same manner as an appeal from any other
judgment
of a district court.
Exercise of this
jurisdiction
by a magistrate
judge
is permitted only if atl parties
voluntarily consent. You frzy, without adverse consequences, withhold your
consent. If any pafiy elects reassignment, the case will be randomly assigned to a
district
judge.
The identity of any party withholding consent will not be
communicated to any
judge.
Magistrate
judges
do not preside over trials in felony criminal cases. Because of
this, major criminal cases will not interfere with scheduling and trials before the
magistrate
judge.
In all likelihood, therefore, a consent will mean that this case
will be resolved sooner for the parties.
While the decision to consent or not to consent to the exercise ofjurisdiction by the
magistrate
judge
is entirely voluntarily, the duty to respond to this notice is
mandatory. Each party must indicate consent or decline to consent by
completing the attached Election Form and returning it to the Clerk's Office no
later than twenty-one (21) days after entry of appearance. In the event a
dispositive motion is filed prior to the date on which the submission of the Election
Form is required, the parties must return the completed Election Form within seven
(7) calendar days after the motion is filed.
Do not e-Iile the Election Form. After completing the form, parties can either e-
mail it to consent@hid.uscourts.gov, or mail it to U.S. District Court, 300 Ala
Moana Blvd., Room C-338, Honolulu, HI 96850, Attention: Consent Clerk. The
form can be found on the court's website http://www.hid.uscourts.gov
The party filing the case or removal is responsible for serving aII parties with
this Notice and the attached Blection Form.
FILED IN THE
UNITED STATES DISTRICT
COURT
DISTRICTOF HAWAII
June 30,2014
At 4 o'clock and 00 min p.m.
SUE BEITIA, CLERI(
Case 1:14-cv-00298-RLP-NONE Document 5-1 Filed 06/30/L4 Page 1 of 1 PagelD #:31
UNITED STATES DISTRICT COURT
DISTRICT OF HAWAII
Plaintiff (s),
)
)
)
Case No. CIVIL I4-00298-RLP
)
)
Defendant(s).
CONSf,NT TO JURISDICTION BY
UNITED STATES MAGISTRATE JUDGE
Pursuant to 28 U.S.C.
$
636(c)(1), the undersigned party voluntarily consents to have the assigned United
States Magistrate Judge conduct any and all funher proceedings in the case. including trial and entry of a final
judgment,
with direct review by the Ninth Circuit Court of Appeals if an appeal is filed.
Name of Party(s)
Signature of Attorney or Pro Se Party Date
REASSIGNMENT TO UNITED STATES DISTRICTJUDGE
Pursuant to 28 U. S.C.
$
636(c)(2), tle undersigned acknowledges the availability of a United States
Ivfagistrate Judge but elects to have this case randomly assigned to a United States District Judge.
Name of Party(s)
Signature of Attorney or Pro Se Party Date
*"rr* this form within 21 days of appearance. After completing this fornq parties may e-mail this form in pdf
format to consent(drhid.uscourts.gor,, or may mail it to U. S. District Court, 300 Ala Moana Blvd., Room C-338,
Honolulu, HI, 96850, Attenlion: Corsent Clerk. Do not e-file this document.
vs.
)
)
)
)
)
)
Case 1:14-cv-00298-RLP-NONE Document 4-L Filed 06/30/14 Page 1 of 1 PagelD #:29
UNITED STATES DISTRICT COURT
DISTRICT OF }IAWAII
OFFICE OF T}IE CLERK
3OO ALA MOANA BLVD., RMC-338
HONOLULU, IIAWAII 96850
Sue Beltia
CLERK
To:
From:
Date:
Subject:
TEL (808) 541-1300
FAX (808) 541 -1 303
MEMO
All Federal Bar Members
Sue Beitia, Clerk of U.S. District Court, District of Hawaii
Jun 30, 2014
Corporate Discl osure Statements
Federal Rule of Civil Procedure 7. 1 and Criminal Rule 12.4 both address the filing of Corporate
Disclosure Statements.
Both rules state "A party must:
(1) file the Rule 7 l(a) (or 12.4(a)) statement with its first appearance, pleading, petition,
motion, response, or other request addressed to the court, and
(2) promptly file a supplemental statement upon a change in the information that the
statement requires."
Thank you for your cooperation in this matter.
Case 1:14-cv-00298 Document 1 Frled OGl27lL4 Page 1 of 15 PagelD #: 1
J. STEPHEN STREET T573-O
Attorney At Law
134 Maono Place
Honolulu, Hawaii 96821
Telephone No.: (808) 7Y-l&7
Facsimile No.:
(888) 334-&99
E-mail:
jsstreet@
ip-law-hawaii.com
DANE ANDERSON 9349-0
Attorney At Law, LLLC
P.O. Box #162I
Honolulu, Hawaii 96806
Telephone No.:
(808) 285-4760
E-mail: dane@andersonlawhawaii.com
Attorneys for Plaintiff
VINCENT KHOURY TYLOR
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
VINCENT KHOURY TYLOR,
)
CIVL NO.
cv14-00298
)
(Copyright Infringement)
Plaintiff,
)
)
COMPLAINT FOR COPYRIGHT
)
INFRINGEMENT AND DIGITAL
)
MILLENNIUM COPYRIGHT ACT
) VIOLATIONS; EXHIBITS
6(A"-((D"
VERMONT WOODS STUDIOS, LLC,
)
dba VERMONT WOODS STUDIOS; )
JOHN DOES 1-10; JANE DOES 1-10; )
DOE CORPORATIONS 1-10; DOE
)
PARTNERSHIPS 1-10; and DOE
)
ASSOCIATIONS 1-10, )
)
Defendants.
)
)
)
)
vs.
Case 1:14-cv-00298 Document 1 Filed OGl27lt4 Page 2 of 15 PagelD #: 2
DIGITA LA
COMES NOW Plaintiff VINCENT KHOURY TYLOR by his
attorneys, J. Stephen Street, Attorney at Law, and Dane Anderson, Attorney at
Law, LLLC, and for his complaint alleges as follows:
PARTIES
1. Plaintiff VINCENT KHOURY TYLOR (hereinafter referred to
as "Plaintiff') is a resident of the State of Hawaii.
2. Upon information and belief, Defendant VERMONT WOODS
STUDIOS, LLC (hereinafter referred to as "Defendant") is a limited liability
company, registered in the State of Vermont, with its principal place of business in
Vernon, Vermont, and is doing business as VERMONT WOODS STUDIOS,
including doing business in the State of Hawaii.
3. JOHN DOES 1-10, JANE DOES 1-10, DOE
CORPORATIONS 1-10, DOE PARTNERSHIPS 1-10, and DOE
ASSOCIATIONS 1-10 are named herein under fictitious names for the reason that,
after investigation of the facts of this action, said Defendant's true names and
identities are presently unknown to Plaintiff, except, upon information and belief,
that they are connected in some manner with the named Defendant and/or were the
agents, servants, employees, employers, representatives, co-venturers, associates,
successors or assignees of the named Defendant who may be under a duty,
COMPLAINT FOR COPYRIGHT INFRINGEMENT
Case 1:14-cv-00298 Document 1 Filed 06127114 Page 3 of 15 PagelD #: 3
contractually or otherwise, to pay Plaintiff compensation for loss incurred by the
actions or omissions of the named Defendant and/or were in some manner related
to the named Defendant and that their "true names, identities, capacity, activities
and/or responsibilities" are presently unknown to Plaintiff or his attorneys. To
ascertain the full names and identities of JOHN DOES 1-10, JANE DOES 1-10,
DOE CORPORATIONS 1-10, DOE PARTNERSHIPS 1-10, and DOE
ASSOCIATIONS 1-10, Plaintiff's counsel have investigated the facts alleged
herein through inter alia, interview of Plaintiff and inspection of the records in this
matter. When the true names and capacities are ascertained, through appropriate
discovery, Plaintiff shall move to amend this action to state the true names.
JURISDICTION AND VENUE
4. This is an action for preliminary and permanent injunctive relief
and damages arising from Defendant's copyright infringements in violation of the
United States Copyright Act, 17 U.S.C.
$$
101 et. seq. and violations of the Digital
Millennium Copyright Act, 17 U.S.C.
g
1202.
5. This Court has
jurisdiction
over the subject matter of this action
under 28 U.S.C.
$
1331 and
$
1338(a).
6. Venue is proper in this district under 28 U.S.C.
$
1391(b) and
(c) and 28 U.S.C.
$
1400.
J
Case 1:14-cv-00298 Document 1 Flled OGl27lI4 Page 4 of 15 PagelD #: 4
FACTUAL ALLEGATIONS
7. Defendant has been transacting business in the State of Hawaii
since z}I},through a commercial website by specifically advertising that it does
business in and ships it products to the State of Hawaii and by selling and shipping
its products, including furniture, to customers located in the State of Hawaii.
8. Defendant manages and controls a commercial website, at
http://vermontwoodsstudios.com/. where customers can view, select, and complete
online purchases of Defendant's products.
9. Defendant manages and controls a commercial web blog, at
http://vermontwoodsstudios.tvpepad.com/, to advertise and promote its business
and products and to encourage readers to click on one of many provided hyperlinks
to be directly routed to Defendant's commercial website, described in paragraph 8,
to complete online purchases of Defendant's products.
10. Defendant manages and controls a commercial web page on
Facebook.com, at https://www.facebook.com/VermontWoodsStudios, to advertise
and promote its business and products and to encourage users of its Facebook.com
commercial web page to click on one of many provided hyperlinks to be directly
routed to Defendant's commercial website, described in paragraph 8, to complete
online
purchases of Defendant's products.
4
Case 1:14-cv-00298 Document 1 Filed OOl27lt4 Page 5 of 15 PagelD #: 5
11. The photographic work at issue in this case is an original work
entitled to copyright protection pursuant to the copyright laws of the United States,
and the photographic work at issue is duly registered with the United States
Copyright Office. The use of the photographic work at issue by Defendant was for
the specific purpose of advertising that Defendant does business in the State of
Hawaii and that it has and will ship its products to the State of Hawaii.
12. The photographic work, image no. "0-06 Hanauma Bay Wide
Web-LG", at issue in this case was created by Plaintiff, a photographer, who owns
the copyright to the work. The copyright for that photographic work at issue was
registered with the United States Copyright Office as VA 1-696-555, effective
December 17
,2009,
ffid supplemented by V A l-432-7 41. effective June 20, 2017,
in the name of Plaintiff, who has exclusive rights and privileges in the
photographic work at issue under the United States Copyright Act. A true and
correct copy of the Certificate of Registration that relates to the photographic work
at issue is attached hereto as Exhibit "A."
13. The photographic work at issue was not a "work for hire."
14. Plaintiff incurred substantial time and expense in creating the
photographic work at issue, and Plaintiff licenses the photographic work at issue
for commercial and other uses.
5
Case 1:14-cv-00298 Document 1 Filed OGl27l!4 Page 6 of L5 PagelD #: 6
15. In20I2, Plaintiff learned that Defendant was using his
photographic work at issue, "0-06 Hanauma Bay Wide Web-LG", in high
resolution, on its commercial web blog as follows:
Page URL:
http://vermontwoodsstudios.tvpepad.com/vermont_woods-studiosJeg/20I0/07lve
rmont-fine-furniture-arrive s- safely- in-hawaii. htm I
Image URL:
http ://vermont'woodsstudios.tvpepad.com/.a/6a00d83452272669e20 1 3485ae7dec9
70c-20Owi
This photographic work was used by Defendant without obtaining licenses or
consent from Plaintiff, thus constituting copyright infringement by violating his
exclusive rights as the copyright owner to reproduce, adapt, display, distribute,
and/or create derivative works under 17 U.S.C.
$$
100 et. seq. A true and correct
copy of the photographic work at issue registered by Plaintiff is attached hereto as
Exhibit "8." True and correct copies of screenshots of Defendant's infringing uses
on Defendant's commercial web blog are attached hereto as Exhibit"C."
16. Plaintiff's copyrighted photographic work at issue, where it
is legitimately available, bears Plaintiff's copyright management information in the
form of a "Vincent K. Tylor" signature at the bottom, right corner of the
photographic work.
t7. Upon information and belief, Defendant intentionally removed
or altered Plaintiff copyright management information, as described in paragraph
6
Case 1:14-cv-00298 Document 1 Filed 06127lt4 Page 7 of t5 PagelD #: 7
16, from the photographic work at issue for Defendant's uses of that photographic
work without his authority or the authority of the law, or Defendant distributed the
photographic work at issue knowing that his copyright management information
had been removed or altered without his authority or the authority of the law.
Defendant displayed copies of the photographic work at issue without Plaintiff's
copyright management information, knowing that Defendant did not own that
photographic work, and knowing that a simple internet image search would locate
that photographic work with Plaintiff's copyright management information clearly
associated with it. A true and correct copy of Plaintiff's photographic work
containing his copyright management information along with copies of screenshots
of Defendant's infringing uses with the copyright management information
cropped are shown in Exhibits "B" through "D".
18. By letter of May L4,z\I2,Plaintiff gave notice to Defendant of
the copyright infringement and Digital Millennium Copyright Act violations for
the photographic work at issue, described in paragraphs 15 through 17, and
attempted to resolve the claims by requesting that Defendant pay a retroactive
licensing fee for the use of the photographic work at issue, that it cease and desist
from using the photographic work, and provide an accounting of all uses by
Defendant of the photographic work at issue.
7
Case 1:14-cv-00298 Document 1 Filed 061271t4 Page 8 of 15 PagetD #: 8
19. Following receipt of the notice, described in paragraph 18, by
Defendant, Plaintiffs counsel atthat time and Defendant exchanged
communications in an attempt to settle the claims.
20. Despite the cease and desist notice received by Defendant in
May or June of 2012, Plaintiff learned in April of 2Ol4 that Defendant was still
using his photographic work at issue, and absent his copyright management
information, at the Image URL, described in paragraph 15, at:
Image URL:
http://vermontwoodsstudios.t),pepad.com/.a/6a00d83452272669e2013485ae7dec9
70c-20Owi
This unauthorized use, shown in Exhibit"C",continued for about two (2) years by
Defendant after receiving notice of Plaintiff's copyright and cease and desist
demand and without licenses or consent, thus constituting willful infringement by
violating Plaintiff's exclusive rights as the copyright owner to reproduce, adapt,
display, distribute, and/or create derivative works under 17 U.S.C.
S$
100 et. seq.
as well as an intentional violation of the Digital Millennium Copyright Act by
distributing the photographic work at issue knowing that Plaintiff's copyright
management information had been removed or altered without his authority or the
authority of the law.
2I. Furthermore, despite the cease and desist notice received by
8
Case 1:14-cv-00298 Document 1 Filed OOl27lLA Page 9 of 15 PagelD #: 9
Defendant in May or June of 2012, Plaintiff learned in April of 2Ol4 that
Defendant was also using his photographic work at issue, and absent his copyright
management information, on Facebook.com as follows:
Page URL:
https://www.facebook.com/notes/vermont-woods-studios/vermont-handcrafted-
fine-furniture-arrives- safely-i n-hawaii/41 75397 1 9447
Image URL:
httos://fbexternal-
a. akamaihd.neVsafe image.php?d=A ODmpVuSJtHOmwai& url=http7o3A 7o2F7o2F
vermontwoodssttdios.typepad.com%oZF.a7o2F6a0Od83452272669e20l3485ae7dec
970c-20Owi
This use began in 2010 and continued for about two (2) years by Defendant after
receiving notice of Plaintiff's copyright and cease and desist demand and without
licenses or consent, thus constituting willful infringement by violating Plaintiff's
exclusive rights as the copyright owner to reproduce, adapt, display, distribute,
and/or create derivative works under 17 U.S.C.
$$
100 et. seq. as well as an
intentional violation of the Digital Millennium Copyright Act by distributing the
photographic work at issue knowing that Plaintiff's copyright management
information had been removed or altered without his authority or the authority of
the law. A true and correct copy of a screenshot of Defendant's infringing uses are
attached hereto as Exhibit'0D."
22. Defendant's use of Plaintiff s photographic work at issue on its
Facebook.com commercial web page has contributed to widespread distribution of
Case 1:14-cv-00298 Document 1 Filed O6l27lt4 Page 10 of 15 PagelD #: lO
the photographic work absent his copyright management information because users
who view Defendant's Facebook.com commercial
posting can easily distribute
Defendant's use of that photographic work without Plaintiff s copyright
management information among other Facebook.com users by clicking on the
"Like" button, "Comment" button or "Share" button associated with Defendant's
commercial posting of the photographic work. Each "Like," "Comment," or
"Share" action by a user causes Defendant's use of the photographic work to be
distributed among many other users of Facebook.com or promotes Defendant's
Facebook.com commercial web page or its business as the origin and owner of
Plaintiff s photographic work, effectively advertising Defendant's business and
brand as well as the photographic work absent Plaintiff s copyright management
information.
23. Plaintiff and Defendant were unable to resolve this matter,
thus necessitating legal action.
FIRST CAUSE OF ACTION:
COPYRIGHT INFRINGEMENT
24. Plaintiff restates and realleges each of the allegations contained
in paragraphs 1-23 as if fully stated herein.
25. Plaintiff has all rights, title, and interest in the copyright to the
photographic work as holder of the copyright, the use of which has not been
licensed to Defendant.
10
Case 1:14-cv-00298 Document 1 Filed OOl271L4 Page 11 of 15 PagelD #: LL
26. Defendant has misappropriated Plaintiff s copyrighted
photographic work with knowledge that the photographic work at issue did not
belong to Defendant and continued to use the photographic work despite Plaintiff s
notice of copyright and demand that Defendant cease and desist; Defendant
thereby willfully engaged in unauthoized use, copying, distribution, andlor display
of Plaintiff s copyrighted photographic work on its said commercial web pages.
Defendant's acts constitute willful copyright infringement under the United States
Copyright Act, 17 U.S.C.
$$
101 et. seq.
27 . Defendant's unlawful use of copies of Plaintiff s original
photographic work has diminished the value of the original photographic work by
distributing and encouraging redistribution of the photographic work without
identifying the photographic work as being the exclusive property of Plaintiff.
28. Defendant's unlawful acts have been and are interfering with
and undermining Plaintiff's ability to market Plaintiff's own original photographic
work, thereby impairing the value and prejudicing the sale or license by Plaintiff of
his own photographic work.
29. Defendant, by its unauthorized appropriation and use of
Plaintiff's original photographic work, has been and is engaging in acts of unfair
competition, unlawful appropriation, unjust enrichment, wrongful deception of the
11
Case 1:14-cv-00298 Document 1 Filed O6l27lt4 Page t2 of !5 PagelD #: t2
purchasing public, and unlawful trading on Plaintiff's goodwill and the public
acceptance of Plaintiff's original photographic work.
30. Because Defendant used Plaintiff's copyrighted photographic
work without license, infringing the exclusive rights of Plaintiff as the copyright
owner, Plaintiff is entitled to have the infringing publications and any improperly
acquired likenesses or images (however stored or recorded) impounded while this
action is pending.
31. As a direct and proximate result of Defendant's wrongful acts,
Plaintiff has suffered and continues to suffer lost profits and damages.
32. Plaintiff is entitled to recover from Defendant the damages he
has sustained as a result of these wrongful acts. Plaintiff is presently unable to
ascertain the full extent of the monetary damages he has suffered by reason of
Defendant's acts of copyright infringement.
33. Plaintiff is further entitled to recover from Defendant any gains,
profits, or advantages Defendant has obtained as a result of its wrongful acts.
Plaintiff is presently unable to ascertain the full extent of the gains, profits, and
advantages Defendant has realized by its acts of copyright infringement.
34. Plaintiff is entitled to elect to recover from Defendant statutory
damages for each of its willful violations of Plaintiff's copyrights.
12
Case L:L4-cv-00298 Document 1 Filed OOl27lL4 Page 13 of 15 PagelD #: L3
35. Plaintiff is further entitled to costs and reasonable attorneys'
fees.
SECOND CAUSE OF ACTION:
DIGITAL MILLENNIUM COPYRIGHT ACT VIOLATIONS
36. Plaintiff restates and realleges each of the allegations contained
in paragraphs 1-35 as if fully stated herein.
37. Defendant intentionally removed or altered copyright
management information from association with the photographic work for
Defendant's infringing uses, or distributed the photographic work at issue knowing
that Plaintiff's copyright management information had been removed or altered,
without the authority of Plaintiff or the law, knowing, or having reasonable
grounds to know, that the removal or distribution would induce, enable, facilitate,
or conceal inlringement of copyright.
38. Defendant's acts constitute violations under the Digital
Millennium Copyright Act, 17 U.S.C.
S
1202.
39. Plaintiff is entitled to a preliminary and permanent injunction to
prevent Defendant from engaging in further violations of L7 U.S.C.
9
L202.
40. Plaintiff is entitled to recover from Defendant the actual
damages suffered by Plaintiff and any profits Defendant has obtained as a result of
its wrongful acts that are not taken into account in computing the actual damages.
13