3:13-cv-00839-AA 

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Answer and Counterclaims of Hunter HARWOOD 

David H. Madden 

Mersenne Law LLC

1500 S.W. First Avenue 

Suite 1170 

Portland, Oregon 97201 

(503)679-1671 

dhm@mersenne.com 

Attorney for Defendant Hunter HARWOOD 

UNITED STATES DISTRICT COURT

DISTRICT OF OREGON

PORTLAND DIVISION

VOLTAGE PICTURES, LLC, 

Plaintiff, 

v.

Hunter HARWOOD, 

Defendant 

Civil Action No.: ............ 3:13-CV-00839-AA

ANSWER AND COUNTERCLAIMS 

FOR his Answer and defense of the complaint of copyright infringement filed by 

VOLTAGE PICTURES LLC, defendant Hunter HARWOOD admits, denies and alleges as 

set forth below. To the extent not specifically admitted or denied, HARWOOD generally 

denies each and every allegation in the complaint. 

1. HARWOOD admits that the present action arises under the U.S. Copyright 

Act, 17 U.S.C. §§ 101 et seq.

2. HARWOOD admits that this Court has subject matter jurisdiction over this 

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dispute. 

3. HARWOOD admits that venue in this district is proper. 

4. HARWOOD lacks information to confirm or deny plaintiff’s allegations 

regarding its form, location of principal offices, and business activities. Upon 

information and belief, VOLTAGE PICTURES did not produce Maximum Conviction, 

the motion picture at issue here, and does not market or distribute the film. 

5. HARWOOD is aware of a copyright registration no. PAu3-647-070, 2012 

for a work entitled Maximum Conviction, authored by Maxcon Productions Inc. He 

lacks information to admit or deny whether the work that is the subject of said 

registration is the same as the work at issue in this case. 

6. HARWOOD lacks information to admit or deny the content of the motion 

picture and/or its suitability for protection under the Copyright Act. 

7. HARWOOD lacks information to admit or deny the commercial availability 

of the motion picture. 

8. HARWOOD denies that VOLTAGE PICTURES possesses (via assignment or 

otherwise, recorded or not) any rights in the subject motion picture. 

9. HARWOOD denies that VOLTAGE PICTURES is the proprietor of any right, 

title or interest under the Copyright Act with respect to the motion picture. 

10. HARWOOD denies that VOLTAGE PICTURES possesses any exclusive right 

to reproduce or distribute the motion picture. 

11. HARWOOD lacks information to admit or deny VOLTAGE PICTURES’s 

allegations regarding the nature of the motion picture, the professionalism of its 

creators or the quality of its production equipment. 

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12. HARWOOD denies that he had notice of plaintiff’s claimed rights. He was 

unaware of the movie and had not seen it, its packaging, advertising, or any copyright 

notice associated with it. 

13. HARWOOD lacks information to admit or deny the actions and statements 

of Internet Service Provider (“ISP”) Comcast. 

14. HARWOOD lacks information to admit or deny ISP Comcast’s general 

practice on assignment of Internet Protocol (“IP”) addresses. 

15. HARWOOD denies engaging in any infringing activity via peer-to-peer 

networks. 

16. HARWOOD lacks information regarding the preparation and meaning of 

plaintiff’s Exhibit 1. He denies that any portion of said Exhibit evidences, indicates or 

even suggests that he committed copyright infringement of Maximum Conviction or 

any other work. 

17. HARWOOD lacks information to admit or deny the content of Senator 

Levin’s (D, MI) testimony in congressional hearings on peer-to-peer internet piracy. 

18. HARWOOD admit that some peer-to-peer networks permit users to 

upload, search and transfer files from computer to computer. 

19. HARWOOD admits that BitTorrent is the name of a peer-to-peer protocol 

and of various software programs capable of participating in the protocol. 

20. HARWOOD admits that a user must obtain and use a program called a 

client to participate in a BitTorrent peer-to-peer network. He lacks information to 

admit or deny the terms under which such client programs may be obtained. 

21. HARWOOD admits that it is possible for computer users to find 

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information about media for download via a BitTorrent network by using a standard 

web browser. 

22. HARWOOD lacks information to admit or deny the revenue structures of 

unspecified “torrent sites.” He denies using any such sites for any reason. 

23. HARWOOD lacks information to admit or deny the activities of an 

unspecified user or his interactions with an unspecified torrent site. He denies visiting 

or interacting with such a site, or with other computer users contacted via such a site. 

24. HARWOOD lacks information to admit or deny the business structure, 

implications, profits or losses of torrent sites and networks. He denies operating such a 

site, communicating with such sites, and using such sites to commit Internet piracy, 

copyright infringement, or any other illegal activity. 

25. HARWOOD denies paying money to facilitate or permit increased access 

to content which has been made available without authorization. 

26. HARWOOD lacks information to admit or deny the ways torrent sites work 

to expand the pool of available titles. He denies working with, interacting with, using, 

or receiving rewards of any sort from such sites. 

27. HARWOOD lacks information to admit or deny Plaintiff’s allegations 

regarding the so-called BitTorrent model. He denies participating in the infringement 

of any protected work, and in particular of Maximum Conviction, by or through his 

activities. 

28. HARWOOD lacks information to admit or deny Plaintiff’s allegations about 

personal gain and compensation received by a growing number of users. He denies 

receiving personal gain or compensation for participating in the infringement of any 

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protected work, and in particular of Maximum Conviction, by or through his activities. 

29. HARWOOD lacks information to admit or deny the capability of BitTorrent 

users to attach advertising to the files they upload through various means. He denies 

attaching such advertising to any work owned by others, and in particular to Maximum 

Conviction, and denies receiving income or anything of value from doing so. 

30. HARWOOD lacks information to admit or deny the attachment of 

advertising for GLOWGAZE on plaintiff’s motion picture. HARWOOD has no 

connection with, ownership interest in, or knowledge of GLOWGAZE and its alleged 

infringing activities. 

31. HARWOOD lacks information to admit or deny the other activities alleged 

to be associated with IP address 67.168.196.52. He has no connection with, ownership 

interest in, or knowledge of GLOWGAZE or the web site WWW.TORRENTDAY.COM. 

32. HARWOOD lacks information to admit or deny the activities of the 

TORRENTDAY.COM website. He is not a user, subscriber, contributor, employee, 

executive or owner of that website, and has no knowledge of or connection with its 

activities. 

33. HARWOOD denies all affiliation with TORRENTDAY.COM. 

34. HARWOOD admits that he is not personally and directly generating 

revenue or benefit from anyone else’s infringing conduct. He denies facilitating the 

infringing conduct of others. 

35. HARWOOD denies giving or receiving profits, rewards or compensation to 

or from BitTorrent participants. 

36. HARWOOD denies any knowledge, control or involvement in any 

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copyright infringing activity via BitTorrent or other peer-to-peer network, whether via 

the IP address 67.168.196.52 or otherwise. 

37. HARWOOD admits that many ISPs provide Internet access to their 

customers. He denies that one must contract with an ISP and create an account for 

service to connect to the Internet. 

38. HARWOOD admits that an ISP generally assigns a unique IP address to a 

subscriber. The balance of paragraph 38 is denied as inaccurate, misleading or 

oversimplified. 

39. HARWOOD lacks information to admit or deny whether he has been 

identified as the party responsible for IP address 67.168.196.52. He denies committing 

any personal action that constituted or contributed to the infringement of any of 

plaintiff’s rights. 

40. HARWOOD denies that plaintiff’s investigative methods establish anything 

at all to any degree of certainty. 

41. HARWOOD denies that plaintiff’s investigator downloaded Maximum 

Conviction or any portion thereof from any computer or machine owned or operated 

by HARWOOD. 

42. HARWOOD lacks information to admit or deny plaintiff’s allegations about 

the infringer’s activities. 

43. HARWOOD lacks information to admit or deny plaintiff’s allegations about 

the actions of the infringer’s BitTorrent client. 

44. HARWOOD lacks information to admit or deny whether the alleged 

infringer’s conduct was in violation of his or her ISP’s terms of service. 

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Answer and Counterclaims of Hunter HARWOOD 

45. HARWOOD lacks information to admit or deny the alleged infringer’s 

mental state. 

46. HARWOOD lacks information to admit or deny whether the alleged 

infringer received any compensation or other personal benefit through his or her 

activities. 

47. HARWOOD denies being aware of any infringing activity occurring 

through IP address 67.168.196.52. 

Answer to First Claim 

48. HARWOOD denies both copying and distributing plaintiff’s motion picture 

by any means, including without limitation a public BitTorrent network. 

49. HARWOOD denies infringing any of plaintiff’s exclusive rights under the 

Copyright Act. 

50. HARWOOD denies any willful or intentional conduct in disregard of or 

indifference to plaintiff’s rights. 

51. HARWOOD denies that plaintiff possesses any exclusive rights under 17 

U.S.C. § 106, and further denies committing any violation of such rights. 

52. HARWOOD denies liability to plaintiff for damages, fees or costs under 17 

U.S.C. §§ 54 and 505. 

53. HARWOOD denies engaging in any conduct that harms plaintiff or 

infringes any of its rights. 

54. HARWOOD denies that plaintiff is entitled to injunctive relief against him 

for any reason. 

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Answer and Counterclaims of Hunter HARWOOD 

Answer to Second Claim 

55. HARWOOD repeats his admissions and denials of paragraphs 1–54. 

56. HARWOOD admits obtaining Internet access through an ISP. He denies 

all other allegations of paragraph 56. 

57. HARWOOD denies paragraph 57. 

58. HARWOOD denies committing any piracy such as might place him in 

violation of his license with his ISP. 

59. HARWOOD denies all liability to VOLTAGE PICTURES for copyright 

infringement. 

60. HARWOOD denies conduct in derogation of plaintiff’s rights. 

61. HARWOOD denies that plaintiff possesses any exclusive rights, and denies 

infringing any such purported rights. 

62. HARWOOD denies liability to plaintiff for damages under 17 U.S.C. §§ 504 

and 505. 

63. HARWOOD denies any conduct causing any injury to plaintiff. 

64. HARWOOD denies that plaintiff is entitled to any injunctive relief against 

him, for any reason whatsoever. 

65. HARWOOD admits that the statutory penalty for willful copyright 

infringement is limited to no more than $150,000 (17 U.S.C. 504(c)(2)). He denies 

committing any infringement at all. 

66. HARWOOD denies liability for any damage suffered by plaintiff. 

67. HARWOOD acknowledges receiving notice of plaintiff’s intent to claim 

other items of damage. He denies liability to plaintiff for any amount. 

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68. HARWOOD acknowledges plaintiff’s notice that it may have enforceable 

rights in other titles that are not at issue in the present lawsuit. 

69. HARWOOD is uncertain of the relevance of plaintiff’s spurious allegations 

in paragraph 69, but denies any liability to VOLTAGE PICTURES under any legal basis or 

theory whatsoever. 

70. HARWOOD reserves his right to oppose any modification of plaintiff’s 

allegations or claims. 

Defendant’s Allegations 

71. As stated frequently in the foregoing, Defendant Hunter HARWOOD 

denies committing any of the actions plaintiff alleges to constitute copyright 

infringement. 

72. Upon information and belief, plaintiff’s sole claim of entitlement to rights 

in the motion picture Maximum Conviction rests in the purported copyright 

assignment document attached hereto as Exhibit A. 

73. The purported assignment is undated. 

74. The purported assignment bears what appears to be a pasted graphic 

image of an unidentified “Authorized Signatory.” 

75. The purported assignment transfers “all rights and interest ... only to the 

extent necessary to make claims by itself against illegal downloads, uploads and/or 

streaming the work [...]” 

76. None of the rights enumerated in the Copyright Act are transferred by the 

purported assignment. 

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Answer and Counterclaims of Hunter HARWOOD 

77. The right “to make claims [...] against illegal downloads [&c.]” is not one 

of the rights enumerated in the Copyright Act. 

78. Under Ninth Circuit precedent, VOLTAGE PICTURES LLC lacks standing to 

pursue claims of infringement against any person. 

79. Since VOLTAGE PICTURES lacks standing, it cannot prevail against 

Defendant HARWOOD. 

Affirmative Defenses 

80. Plaintiff VOLTAGE PICTURES LLC does not possess any exclusive right in 

respect of the motion picture Maximum Conviction. Consequently, its suit is without 

merit. 

81. Plaintiff VOLTAGE PICTURES LLC and/or its authorized agents 

participated in BitTorrent swarms, and so any download committed by defendant (or by 

anyone for whom defendant was responsible) was from a source authorized to permit 

such download. Consequently, any exercise by defendant of an exclusive right 

protected by the Copyright Act was with the consent of an authorized party and not in 

derogation of any exclusive right. 

82. Any downloading or uploading of the copyrighted work was permitted by 

the doctrine of fair use. 

83. Any downloading or uploading of the copyrighted work was no more than 

a de minimis act. 

84. Any downloading or uploading of less than all of the copyrighted work 

results in a non-functional copy (i.e., a partial copy that cannot under any 

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circumstances be used to infringe any of plaintiff’s purported exclusive rights.) 

Therefore, no infringement of plaintiff’s rights has occurred or can occur. 

85. Any partial copy of the copyrighted work is overwhelmingly likely to lack a 

proper copyright notice. In the absence of such notice, plaintiff’s asserted enhanced 

damages are not available. 

86. The infringement of plaintiff’s purported rights that allegedly occurred 

through the concerted, common and conspiratorial action of individuals participating in 

a BitTorrent swarm constituted a single instance of infringement for which the 

participating individuals are jointly and severally liable, and for which plaintiff can only 

recover a single statutory damage award. Upon information and belief, plaintiff has 

been made whole by one or more settling individuals. Any further recovery would be in 

excess of statutory limits and of actual damages. 

Counterclaim 1: Declaratory Judgment of Non-Infringement 

87. HARWOOD repeats and reallege each and every one of paragraphs 1 

through 86. 

88. There is an actual controversy now existing between plaintiff and 

HARWOOD. Plaintiff has filed a suit alleging copyright infringement and has 

represented to the Court that a resident of Defendant’s household has been served. 

89. This Court has original and exclusive jurisdiction of copyright 

infringement matters pursuant to 28 U.S.C. § 1338. 

90. Mere dismissal from this lawsuit (with or without prejudice) is inadequate 

to vindicate Defendants’ rights. HARWOOD is entitled to a declaration of nonCase 3:13-cv-00839-AA Document 19 Filed 09/20/13 Page 11 of 15 Page ID#: 96
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Answer and Counterclaims of Hunter HARWOOD 

infringement, as well as his costs and attorney fees as prevailing party in a copyright 

case, pursuant to 17 U.S.C. § 505. 

Counterclaim 2: Malicious Prosecution of a Civil Action 

91. HARWOOD repeats and realleges each and every one of paragraphs 1 

through 90. 

92. VOLTAGE PICTURES LLC has commenced a judicial proceeding against 

HARWOOD (the action at bar). 

93. HARWOOD expects a resolution of this proceeding in his favor, including 

a declaratory judgment of non-infringement in his favor. 

94. VOLTAGE PICTURES LLC did not possess the exclusive right it purported 

to have. Therefore, it had no probable cause to initiate or prosecute this action. 

95. VOLTAGE PICTURES LLC’s had neither intent nor ability to secure 

favorable adjudication of its claim of copyright infringement. 

96. HARWOOD has been damaged by VOLTAGE PICTURES LLC’s wrongful 

institution and prosecution of this civil action, in an amount to be proven at trial. 

Prayer for Relief 

WHEREFORE, Defendant Hunter HARWOOD prays for relief as follows: 

1. A declaratory judgment that he did not infringe any exclusive right of 

plaintiff by any act or omission in connection with his residential Internet connection or 

otherwise; 

2. Damages that he suffered due to VOLTAGE PICTURES LLC’s malicious 

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prosecution of a baseless civil action, in an amount to be proven at trial; 

3. Attorney fees pursuant to, inter alia, 17 U.S.C. § 505 and 18 U.S.C. § 

1964(c), or otherwise as allowed by law; 

4. For Defendants’ costs and disbursements; and 

5. For such other and further relief as the Court may deem just and proper. 

20 September 2013 

Date David H. Madden, SBN OR080396

Attorney for Defendant Hunter HARWOOD 

Mersenne Law LLC

1500 S.W. First Avenue 

Suite 1170 

Portland, Oregon 97201 

dhm@mersenne.com 

(503)679-1671

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Exhibits 

Answer and Counterclaims of Defendant Hunter HARWOOD 

Exhibit A 

Purported Assignment of Rights 

from Maxcon Productions to Voltage Pictures LLC 

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ASSIGNMENT OF COPYRIGHT INTEREST

Author: Maxcon Productions Inc.

100 Universal City Plz 5183,

Universal City, CA, 91608 United States

Assignee: Voltage Pictures, LLC

662 N. Crescent Heights Blvd. 

Los Angeles, CA 90048

Work: MAXIMUM CONVICTION 

Type: Motion Picture

Reg. No. PAu 3-647-070

For good and valuable consideration, Maxcon Productions Inc. (Author), assigns to 

Voltage Pictures, LLC (Assignee), all rights and interest in the Work MAXIMUM 

CONVICTION, Reg. No. PAu 3-647-070, only to the extent necessary to make claims by 

itself against illegal downloads, uploads and / or streaming the work via the internet or 

wireless worldwide and to undertake such actions as it believes necessary or appropriate 

to protect against piracy of any of the rights in the Work including registering the Work 

or recording any documents with governmental authorities, sending or having cease and 

desist letters and notices of infringement sent, and bringing, prosecuting, defending and 

appearing in all suits, actions and proceedings concerning any piracy, infringement or 

misappropriation of any of the licensed rights in the Work.

Maxcon Productions Inc.

_________________________

Its Authorized Signatory

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