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Tech Law Journal |
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| News, records, and analysis of legislation, litigation, and regulation affecting the computer, internet, communications and information technology sectors | |
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Editor's Notes: Todd E. Zenger (#5238) IN THE UNITED STATES DISTRICT COURT
Plaintiff, Intellectual Reserve, Inc., by sworn and Verified Complaint, complaining of the Defendants, alleges: JURISDICTION, VENUE 1. This action arises under the copyright laws of the United States. 17 U.S.C. § 101 et seq. 2. Jurisdiction is conferred on this Court by 28 U.S.C. §§ 1331 and 1338. Venue is proper in this District under 28 U.S.C. §§ 1391 and 1400. PARTIES 3. Plaintiff, Intellectual Reserve, Inc. ("IRI"), is a corporation duly organized and existing under the laws of the state of Utah with a principal business office at Salt Lake City, Utah. 4. Upon information and belief, Defendant Utah Lighthouse Ministry, Inc. ("ULM") is a corporation organized and existing under the laws of the state of Utah with a principal place of business at Salt Lake City, Utah. ULM is, and was at all times mentioned in this Complaint, doing business in the state of Utah and in this judicial District. 5. Upon information and belief, Defendant Jerald Tanner is an individual residing in the state of Utah in this judicial District and is an officer, director, and/or shareholder of the corporate Defendant ULM. Both individually, and in his capacity as an officer, director, and/or shareholder of ULM, Defendant Jerald Tanner is, and was at all times mentioned in this Complaint, doing business in the state of Utah and in this judicial District. 6. Upon information and belief, Defendant Sandra Tanner is an individual residing in the state of Utah in this judicial District and is an officer, director, and/or shareholder of the corporate Defendant ULM. Both individually, and in her capacity as an officer, director, and/or shareholder of ULM, Defendant Sandra Tanner is, and was at all times mentioned in this Complaint, doing business in the state of Utah and in this judicial District. Defendant Jerald Tanner and Defendant Sandra Tanner are sometimes collectively referred to herein as "the Tanners." 7. IRI does not know the true names and capacities of the Defendants named as DOES 1 through 5 and therefore sues these Defendants under fictitious names. IRI will seek to amend this Complaint to show the true names of these Defendants when they are ascertained. Based on its information and belief, IRI alleges that Defendants DOES 1 through 5 are agents, partners, principals, owners, or employees of the named Defendants, and either directly participated in or are vicariously liable for the acts of the named Defendants which are set forth in this Complaint. GENERAL ALLEGATIONS 8. The Church of Jesus Christ of Latter-day Saints (the "Church") is an unincorporated religious and eleemosynary association with over 10 million members worldwide. 9. IRI owns the copyrights and other intellectual property assets used by the Church. 10. The Church is organized into over 25,000 worldwide congregations. The primary geographical subdivisions of the Church are wards (local congregations), stakes (comprised of several wards), and areas. 11. At each level of administration, Church officers support and train those individuals over whom they preside: Area Presidencies train and support stake presidencies (a president and two counselors) who preside over ward bishops (each also assisted by two counselors). Bishops preside over the local Church congregations. 12. Stakes and wards have no paid ministry. The substantial volume of labor required to effectively operate a stake or ward is carried out by members of the Church, who are called by their leaders to contribute in various, specific capacities, such as in administrative, teaching, or service-oriented positions. 13. In about October 1998, by authority of IRI, the Church printed a work entitled Church Handbook of Instructions: Book 1, Stake Presidencies and Bishoprics (the "Church Handbook of Instructions"). 14. The Church Handbook of Instructions is an original work of authorship. 15. The Church Handbook of Instructions contains a large amount of materials which are wholly original and which are copyrightable subject matter under the laws of the United States. 16. At all relevant times, IRI has been and still is the sole proprietor of all rights, title and interest in and to the copyright in the Church Handbook of Instructions. 17. IRI has registered the copyright in the Church Handbook of Instructions in the United States Copyright Office. A true and correct copy of the Certificate of Copyright Registration pertaining to this work is attached hereto as Exhibit A and is incorporated herein by this reference. 18. All authorized copies of the Church Handbook of Instructions contain a clear legend and notice that the Church Handbook of Instructions is protected by copyright, as follows: © 1998 by Intellectual Reserve, Inc. All rights reserved A true and correct copy of the title page and the copyright notice page of the Church Handbook of Instructions is attached hereto as Exhibit B and is incorporated herein by this reference. 19. The Church Handbook of Instructions was prepared solely for use by general and local Church officers to administer the affairs of the Church. Distribution of the Church Handbook of Instructions is limited to these Church officers. When Church officers who have a copy of the Church Handbook of Instructions are released, they are required to give the copy promptly to their successor or to their presiding authority. 20. All authorized copies of the Church Handbook of Instructions contain notice of the aforesaid restricted access and distribution. A true and correct copy of the page containing such notice (page xiv) is attached hereto as Exhibit C and is incorporated herein by this reference. 21. The Church Handbook of Instructions has been made available in limited media and format. It has not been made available in a publically accessible electronic format. 22. Sometime after October 1998, but first discovered by IRI on October 4, 1999, the Defendants reproduced substantial portions of the Church Handbook of Instructions in electronic format. 23. Additionally, Defendants have widely published and distributed such reproduced portions of the Church Handbook of Instructions by posting them on the Defendants’ Internet website at www.utlm.org and by representing them as portions of the Church Handbook of Instructions. 24. By selecting, arranging, and editing the copied portions of the Church Handbook of Instructions, the Defendants have also prepared derivative works based upon the Church Handbook of Instructions. 25. For example, the Defendants have slavishly copied word-for-word, punctuation-for-punctuation, virtually all of part No. 10 of the Church Handbook of Instructions entitled "Church Discipline," pages 91-107. The only differences are a few deletions of cross references to sections not copied and the failure to print the chart on the last page, page 108, of part No. 10. Otherwise, the Defendants’ publication matches heading-for-heading, copying even each paragraph break. A true and correct copy of part No. 10 of the Church Handbook of Instructions is attached hereto as Exhibit D, and a true and correct copy of the Defendants’ reproduction thereof is attached hereto as Exhibit E. Exhibits D and E are incorporated herein by this reference. 26. Similarly, the Defendants also copied portions of part No. 8 of the Church Handbook of Instructions entitled "Temples and Marriages," pages 74-76, and portions of part No. 14 entitled "Records and Reports," pages 130-131. The portions of part No. 14 about removing names from Church records are copied verbatim. Again, a cross-reference was deleted, but replaced with a complete, verbatim quote from page 74 (from part No. 8). The last five paragraphs under the heading "Readmission after Name Removal" at page 131 were not included. Instead, a complete, verbatim quote from page 76 is inserted. All copying is word-for-word. A true and correct copy of pages 74-76 and 130-131 of the Church Handbook of Instructions is attached hereto as Exhibit F, and a true and correct copy of the Defendants’ reproduction thereof is attached hereto as Exhibit G. Exhibits F and G are incorporated herein by this reference. 27. The aforesaid reproduction, distribution, and preparation of derivative works based upon the Church Handbook of Instructions was without the permission or authorization of IRI. 28. The copies of the Church Handbook of Instructions prepared, reproduced and distributed by the Defendants do not contain the aforesaid notice of copyright or notice of restricted access and distribution. 29. On information and belief, in reproducing and distributing the Church Handbook of Instructions, Defendants have acted in deliberate and willful disregard of the rights of IRI and for the specific purposes of infringing IRI’s copyrights and distributing illegal and unauthorized copies of the Church Handbook of Instructions. 30. On information and belief, unless enjoined by this court, the Defendants intend to continue their course of conduct and to wrongfully use and infringe upon IRI’s Church Handbook of Instructions and works derived from it. 31. As a direct and proximate result of the acts of the Defendants, IRI has already suffered irreparable harm. In violation of IRI’s right to control the publication of its copyrighted works, the Defendants have publicly distributed portions of the Church Handbook of Instructions. The posting of portions of the Church Handbook of Instructions on the Internet greatly facilitates further infringements and makes it virtually impossible for IRI to identify recipients of unauthorized copies. 32. IRI has no adequate remedy at law or electronic medium to redress or mitigate all of the injuries that the Defendants have caused and intend to cause by their conduct. IRI will continue to suffer irreparable harm until the Defendants’ actions are enjoined by this court. FIRST CLAIM FOR RELIEF Infringement of Copyright 33. IRI incorporates by reference paragraphs 1 through 32 of this Complaint as though set forth here in full. 34. In and after October 1998, in the State of Utah, in this judicial District, and in other places, Defendants and each of them willfully infringed the copyrights of IRI in the Church Handbook of Instructions, by preparing and distributing to the public via the Internet, and possibly in other ways, unauthorized, verbatim copies of and derivative works based upon portions of the Church Handbook of Instructions. Such materials prepared and distributed by Defendants and each of them are copied wholesale from the copyrighted Church Handbook of Instructions of IRI. 35. The said aforesaid materials distributed by Defendants are word-for-word identical in most respects to the copyrighted Church Handbook of Instructions. Attached hereto as Exhibit H, and incorporated herein by this reference, is a comparison of the Defendants’ infringing materials with the corresponding authorized text of the Church Handbook of Instructions. 36. As a proximate result of the infringement by Defendants and each of them of the copyrights of IRI, IRI has suffered and will continue to suffer irreparable injury to its business, name, and goodwill, as well as money damages in an amount not yet determined. WHEREFORE, IRI prays for judgment as follows: A. For temporary and permanent injunctive relief prohibiting Defendants, their servants, agents, employees, attorneys, and those persons acting in concert or participation with them, and each of them, from infringing the copyrights of IRI. B. For an order requiring the Defendants to post at their Internet website a public acknowledgment of intentional infringement of the copyrights of IRI so as to notify downstream recipients of the infringement. C. For a full accounting of the profits made by Defendants and each of them by their infringement of the copyrights of IRI. D. For actual or statutory damages according to proof, plus the profits made by Defendants and each of them as a result of their willful infringement of the copyrights of IRI. E. For impounding and destruction of all copies or other articles made or used in violation of the copyrights of IRI, and all plates, masters, tapes, or other articles which may be used to make them. F. For reasonable attorney’s fees. G. For costs of suit incurred in this action and interest as provided by law. H. For such further relief as the Court may deem proper. SECOND CLAIM FOR RELIEF Violation of Copyright Management Information 37. IRI incorporates by reference paragraphs 1 through 36 of this Complaint as though set forth here in full. 38. The aforesaid notice of copyright and notice of restricted access and distribution constitute copyright management information under 17 U.S.C. § 1202 (added by Public Law 105-304). 39. On information and belief, Defendants have intentionally removed such copyright management information without the authority of the copyright owner or the law. 40. On information and belief, Defendants have also distributed works and copies of works knowing that the associated copyright management information has been removed without authority of the copyright owner or the law. 41. In so removing copyright management information and distributing such works and copies of works, Defendants knew or had reasonable grounds to know that it will induce, enable, facilitate, or conceal an infringement of copyright. WHEREFORE, IRI prays for judgment as follows: A. For temporary and permanent injunctive relief prohibiting Defendants, their servants, agents, employees, attorneys, and those persons acting in concert or participation with them, and each of them, from violating the integrity of the copyright management information of IRI. B. For an order requiring the Defendants to post at their Internet website a public acknowledgment of intentional violation of the integrity of IRI’s copyright management information so as to notify downstream recipients of the violation. C. For a full accounting of the profits made by Defendants and each of them by their violation of the integrity of IRI’s copyright management information. D. For actual or statutory damages according to proof, plus the profits made by Defendants and each of them as a result of their willful violation of the integrity of the copyright management information of IRI. E. For impounding, destruction and/or remedial modification of all devices and products in the custody of the Defendants that were involved in the violation of the integrity of the copyright management information of IRI. F. For reasonable attorney’s fees. G. For costs of suit incurred in this action and interest as provided by law. H. For such further relief as the Court may deem proper. DEMAND FOR JURY TRIAL IRI hereby demands a jury trial on all claims for relief. DATED this ____ day of October, 1999.
VERIFICATION
On this ____ day of October, 1999, appeared before me William O. Nelson, President of the plaintiff, Intellectual Reserve, Inc., who being duly sworn on his oath deposes and states that he is authorized to execute this Verification on behalf of Intellectual Reserve, Inc. and that the facts and allegations set forth herein are true and correct to the best of his knowledge.
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