COMPLAINT Page 1 of 8

Carl D. Crowell, OSB No. 982049

email: carl@crowell-law.com

Drew P. Taylor, OSB No. 135974

email: drew@crowell-law.com

CROWELL LAW

P.O. Box 923

Salem, OR 97308

(503) 581-1240

Of attorneys for plaintiff

UNITED STATES DISTRICT COURT

DISTRICT OF OREGON

PORTLAND DIVISION

PTG NEVADA, LLC,

Plaintiff,

v.

DOE-76.115.211.63,

Defendant.

 Case No.: 3:15-cv-1848

COMPLAINT

COPYRIGHT INFRINGEMENT

DEMAND FOR JURY TRIAL 

COMPLAINT

Plaintiff PTG Nevada, LLC (“PTG”), complains and alleges as follows:

JURISDICTION AND VENUE

1. This is a suit for copyright infringement under 17 U.S.C. §§ 101 et seq. (“The Copyright 

Act”).

2. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1338(a).

3. Venue in this district is proper pursuant to 28 U.S.C. § 1391(b) and 28 U.S.C. § 1400(a) 

as the defendant is believed to reside in this district.

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PARTIES

PLAINTIFF

4. Plaintiff PTG is a Limited Liability Company with principal offices in Los Angeles, 

California and owned by Voltage Pictures, LLC.

The Rights of PTG

5. Pay The Ghost is a notable motion picture that was released in September, 2015. 

6. Pay The Ghost is protected by United States Copyright laws, including laws at they 

pertain to Registration No. TXu 1920050, 2014, owned by plaintiff PTG.

7. Under The Copyright Act, PTG is the proprietor of copyrights and interests needed to 

bring suit.

8. The motion picture contains wholly original material that is copyrightable subject matter 

under the laws of the United States.

9. The motion picture is currently offered for sale in commerce and is available on iTunes, 

Amazon, Google Play and other commercial outlets.

10. Defendant had notice of plaintiff's rights through general publication and advertising and 

more specifically as identified in the content of the motion picture, advertising associated with 

the motion picture, and marketing and copies, each of which bore a proper copyright notice. 

11. PTG comes to court seeking relief as the motion picture Pay The Ghost, once released, 

became one of the top 10 most trafficked films in the BitTorrent network and is being illegally 

downloaded and distributed countless times worldwide with many confirmed instances of 

infringing activity traced to Oregon.

///

///

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THE DEFENDANT

12. The defendant is identified herein as DOE-76.115.211.63 who used IP address 

76.115.211.63 to consistently distribute plaintiff’s motion picture for several days, including 

from September 22, to September 23.

13. Through geolocation, the IP address used by the defendant has subsequently been traced 

to the State of Oregon.

14. The defendant’s IP address has been observed and confirmed as distributing plaintiff’s 

motion picture multiple times.

15. The defendant’s IP address has been observed as associated with the peer-to-peer 

exchange of a hundreds of copyrighted titles through the BitTorrent network.

16. The volume and titles of the activity associated with the defendant’s IP address indicates 

that the defendant is likely the primary subscriber of the IP address or someone who resides with 

the subscriber, as such activity indicates the defendant is an authorized user of the IP address

with consistent and permissive access.

17. The volume of the activity associated with the defendant’s IP address indicates that 

anyone actively using or observing activity on the IP address would likely be aware of the 

conduct of the defendant. 

18. The volume and titles of the activity associated with the defendant’s IP address indicates 

that the defendant is not a young child.

19. The defendant’s IP address was at that time of observed infringement managed by 

Internet Service Provider (“ISP”) Comcast, who on information and belief, generally assigns an 

IP address to a single party for extended periods of time, often for months and provides Wi-Fi 

systems with notable pre-installed security and passwords.

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20. The records maintained by Comcast should be able to identify either the defendant, or the 

subscriber who contracted with Comcast for service who in turn is likely to have knowledge that

will lead to the identity of the defendant. 

21. Plaintiff intends to seek initial discovery to subpoena records from Comcast to ascertain 

the true identity of the defendant. 

BACKGROUND

PEER-TO-PEER INTERNET PIRACY

22. Digital piracy, including BitTorrent piracy, costs the entertainment industry over $70 

billion per year.

23. As noted by Senator Levin in Congressional hearings on peer-to-peer Internet piracy, “In 

the world of copyright law, taking someone’s intellectual property is a serious offense, 

punishable by large fines. In the real world, violations of copyright law over the Internet are so 

widespread and easy to accomplish that many participants seem to consider it equivalent to 

jaywalking – illegal but no big deal. But it is a big deal. Under U.S. law, stealing intellectual 

property is just that – stealing. It hurts artists, the music industry, the movie industry, and others 

involved in creative work. And it is unfortunate that the software being used – called ‘file 

sharing’ as if it were simply enabling friends to share recipes, is helping create a generation of 

Americans who don’t see the harm.”

24. In 2013, in recognition of the growing problems and challenges with counterfeiting and 

piracy, The Oregon House of Representatives passed House Memorial 2, which made the 

following findings: 

Whereas the United States and other nations share the challenge of combating 

intellectual piracy and the counterfeiting of intellectual property such as ... films... and 

technologies that affect the quality of life; and

Whereas intellectual piracy and counterfeiting have a significant impact on Oregon's 

economy, and the economies of other states and of nations around the world, which 

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results in job and earnings losses, reduced tax revenues and increased threats to public 

health and safety; and

...

Whereas protecting and enforcing intellectual property rights is crucial to the future 

of our innovation-based economy; and

Whereas industries that use intellectual property extensively generate nearly $7.7 

trillion in gross output and account for more than 60 percent of total exports from our 

nation; and

Whereas industries that use intellectual property extensively ... employ more than 19 

million Americans, whose salaries average about 60 percent higher than salaries in 

industries that do not make extensive use of intellectual property; and

Whereas intellectual property infringement can undermine the nation's economic 

security; and

Whereas violations of intellectual property rights, ambiguities in the law and a lack 

of enforcement create uncertainty in the marketplace and in the legal system and 

undermine consumer trust; and

Whereas intellectual property, including trademarks, [are] essential ...; and

...

Whereas failing to adequately protect and enforce intellectual property rights will 

increase counterfeiting and illicit trade; 

...

25. As such it is clear that giving effect to 17 U.S.C. §§ 101 et seq., and the enforcement of 

intellectual property rights, and in particular the fight against counterfeiting and piracy are 

critical issues of importance to the both the United States of America and the State of Oregon.

26. Internet piracy, and in particular BitTorrent piracy, though known as peer-to-peer file 

sharing, is often a for-profit business as many software clients, torrent sites and networks 

generate millions of dollars in revenue through sales and advertising. 

27. To increase the value of the advertising and sometimes subscription access sold by 

torrent sites, many parties work to expand the pool of available titles and speed of downloads 

available by increasing the number of member peers and thus the desirability of their clients and 

networks. To accomplish this they often reward participants who contribute by giving them 

faster download speeds, greater access, or other benefits.

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28. Defendant’s participation in the BitTorrent exchange of plaintiff’s motion picture is the 

type of activity that torrent sites use to promote their business and likely directly furthered the 

for-profit business of at least one torrent site.

29. Many parties, and possibly defendant have been compensated for their participation in 

expanding the availability of pirated content to others through BitTorrent networks, including 

plaintiff’s movie.

30. The use of BitTorrent does more than cause harm through the simple theft of intellectual 

property. The BitTorrent distribution of pirated files is a model of business that profits from 

theft through sales and advertising and provides a system of rewards and compensation to the 

participants, each of whom contribute to and further the enterprise. 

31. Based on activity observed associated with defendant’s IP address, defendant is a prolific 

proponent of the BitTorrent distribution system advancing the BitTorrent economy of piracy.

FIRST CLAIM FOR RELIEF

COPYRIGHT INFRINGEMENT

32. Defendant, without the permission or consent of PTG, copied and distributed plaintiff’s 

motion picture through a public BitTorrent network. 

33. Defendant’s actions infringed PTG’s exclusive rights under The Copyright Act. 

34. Defendant’s conduct has been willful, intentional, in disregard of and indifferent to 

PTG’s rights and with the intent to cause PTG harm by depriving PTG of income and impairing 

PTG’s ability to release and profit from its motion picture through legitimate means.

35. As a direct and proximate result of defendant’s conduct, PTG’s exclusive rights under 17 

U.S.C. § 106 have been violated. 

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36. PTG is entitled to damages pursuant to 17 U.S.C. § 504 and attorney fees and costs 

pursuant to 17 U.S.C. § 505.

37. The conduct of the defendant is causing and, unless enjoined and restrained by this Court, 

will continue to cause plaintiff great and irreparable injury. 

38. Pursuant to 17 U.S.C. §§ 502 and 503, PTG is entitled to injunctive relief prohibiting the

defendant from further contributing to the infringement of PTG’s copyrights and ordering that 

defendant destroy all copies of the motion picture made in violation of PTG’s rights. 

PRAYER FOR RELIEF

WHEREFORE, plaintiff prays for judgment against defendant as follows:

A. For entry of permanent injunction enjoining defendant from directly, indirectly or 

contributory infringing plaintiff’s rights, including without limitation by using the 

internet to reproduce or copy plaintiff’s motion picture, to distribute plaintiff’s 

motion picture, or to make plaintiff’s motion picture available for distribution to the 

public, except pursuant to a lawful license or with the express authority of plaintiff. 

And further directing defendant to destroy all unauthorized copies of plaintiff’s 

motion picture;

B. For entry of permanent injunction enjoining defendant from using the BitTorrent 

network to distribute unlicensed copyrighted content;

C. Statutory damages pursuant to 17 U.S.C. § 504;

D. For plaintiff’s reasonable costs and attorney fees pursuant to 17 U.S.C. § 505; and

E. For such other and further relief as the Court deems proper.

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DEMAND FOR JURY TRIAL

Pursuant to Rule 38 of the Federal Rules of Civil Procedure, plaintiff demands a trial by 

jury.

DATED: September 29, 2015.

Respectfully submitted,

CROWELL LAW

/s/ Carl D. Crowell

Carl D. Crowell, OSB No. 982049

carl@crowell-law.com

Drew P. Taylor, OSB No. 135974

drew@crowell-law.com

503-581-1240

Of attorneys for the plaintiff

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