Case 2:17-cv-08655 Document 1 Filed 11/30/17 Page 1 of 19 Page ID #:1 1 GLENN D. POMERANTZ (State Bar No. 112503) glenn.pomerantz@mto.com 2 ROSE LEDA EHLER (State Bar No. 296523) rose.ehler@mto.com 3 MUNGER, TOLLES & OLSON LLP 350 South Grand Avenue, 50th Floor 4 Los Angeles, California 90071-3426 Telephone: (213) 683-9100 5 Facsimile: (213) 687-3702 6 KELLY M. KLAUS (State Bar No. 161091) kelly.klaus@mto.com 7 CAROLYN HOECKER LUEDTKE (State Bar No. 207976) carolyn.luedtke@mto.com 8 STEPHANIE GOLDFARB HERRERA (State Bar No. 313887) stephanie.herrera@mto.com 9 MUNGER, TOLLES & OLSON LLP 560 Mission Street, 27th Floor 10 San Francisco, California 94105-2907 Telephone: (415) 512-4000 11 Facsimile: (415) 512-4077 12 Attorneys for Plaintiffs 13 14 UNITED STATES DISTRICT COURT 15 CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION 16 17 DISNEY ENTERPRISES, INC., BUENA VISTA HOME 18 ENTERTAINMENT, INC., LUCASFILM LTD. LLC, and MVL 19 FILM FINANCE LLC, 20 21 Plaintiffs, vs. 22 REDBOX AUTOMATED RETAIL, LLC, 23 Defendant. 24 Case No. ______ COMPLAINT FOR COPYRIGHT INFRINGEMENT, BREACH OF CONTRACT, TORTIOUS INTERFERENCE WITH CONTRACT, FALSE ADVERTISING, AND UNFAIR COMPETITION DEMAND FOR JURY TRIAL 25 26 27 28 COMPLAINT CASE NO. ____ Case 2:17-cv-08655 Document 1 Filed 11/30/17 Page 2 of 19 Page ID #:2 1 Plaintiffs Disney Enterprises, Inc., Buena Vista Home Entertainment, Inc., 2 Lucasfilm Ltd. LLC, and MVL Film Finance LLC (collectively, “Plaintiffs”) bring 3 this Complaint against Redbox Automated Retail, LLC (“Redbox”) for infringing 4 Plaintiffs’ exclusive rights under the Copyright Act (17 U.S.C. § 101 et seq.), breach 5 of contract, tortious interference with contract, false advertising (Cal. Bus. & Prof. 6 Code § 17500 et seq.), and unfair competition (id. § 17200 et seq.). This Court has 7 subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331, 1338(a), and 1367(a), and 8 17 U.S.C. § 501(b). Plaintiffs allege on personal knowledge as to themselves, and 9 information and belief as to others, as follows: 10 11 INTRODUCTION 1. Redbox operates a movie and video-game rental business. Redbox 12 rents physical DVDs and Blu-ray discs through self-service kiosks located at 13 grocery stores and other retail establishments. 14 2. Redbox recently began illegally selling Plaintiffs’ digital movie codes 15 (“Codes”) to Redbox customers in blatant disregard of clear prohibitions against 16 doing so and in violation of Plaintiffs’ copyrights. 17 3. Plaintiffs sell Codes as part of combination packages (“Combo 18 Packs”) that include a Blu-ray disc, a DVD, and a Code. The outside packaging is 19 clearly marked: “Codes are not for sale or transfer.” 20 21 22 23 24 25 26 27 28 -1COMPLAINT CASE NO. ____ Case 2:17-cv-08655 Document 1 Filed 11/30/17 Page 3 of 19 Page ID #23 BLU- 0 DVD. HD TALE AS OLD AS TIME - -- MORE MAGICAL THAN r3=4=-I~ lu-l-? 'nuy-n?rI-u?a?qu? . Codes are not for sale or transfer. :49 Code: :ubiect to expiration after June 8,2022. -.- - Ivan-mmA-nll?lhr mm. nmum [$523917- Figure 1: Outside (Back) Package of Combo Pack 4. Redbox buys and disassembles the Combo Packs, then rents the discs through its kiosks and sells the Codes separately in Violation of this prohibition. In addition, Redbox sells the Codes with the intent that its customers download or otherwise access the motion pictures to which the Codes provide access, with full knowledge that doing so violates the terms and conditions of Plaintiffs? copyright licenses governing that access. 5. Plaintiffs bring this action to stop Redbox?s unlawful conduct. THE PARTIES 6. Plaintiff Disney Enterprises, Inc. (?Disney?) is a corporation duly incorporated under the laws of the State of Delaware with its principal place of business in Burbank, California. 7. Plaintiff Buena Vista Home Entertainment, Inc. is a corporation duly incorporated under the laws of the State of Califomia with its principal place of business in Burbank, California. COMPLAINT CASE NO. Case 2:17-cv-08655 Document 1 Filed 11/30/17 Page 4 of 19 Page ID #:4 1 8. Plaintiff Lucasfilm Ltd. LLC (“Lucasfilm”) is a limited liability 2 company formed under the laws of the State of California with its principal place of 3 business in San Francisco, California. 4 9. Plaintiff MVL Film Finance LLC (“Marvel”) is a limited liability 5 company formed under the laws of the State of Delaware with its principal place of 6 business in Burbank, California. 7 10. Plaintiffs Disney, Lucasfilm, and Marvel own the copyrights in the 8 motion pictures and television programs that they or their affiliates produce and 9 distribute (the “Copyrighted Works”). The Copyright Office has issued Certificates 10 of Copyright Registration for the Copyrighted Works. Exhibit A includes a 11 representative list of Copyrighted Works, along with their corresponding Certificate 12 of Copyright Registration numbers, that are the subject of Plaintiffs’ claims. 13 11. Defendant Redbox is a limited liability company formed under the 14 laws of the State of Delaware with its principal place of business at One Tower 15 Lane, Suite 900, Oakbrook Terrace, Illinois 60181. Redbox has established and 16 maintains kiosk locations throughout this District and the State of California from 17 which it sells the Codes. Redbox also makes Codes available for sale online to 18 consumers located in California. 19 20 JURISDICTION AND VENUE 12. This Court has subject matter jurisdiction over Plaintiffs’ copyright 21 infringement claims pursuant to 28 U.S.C. §§ 1331, 1338(a) and 17 U.S.C. 22 § 501(b). 23 13. 24 25 26 This Court has supplemental jurisdiction over Plaintiffs’ state law claims pursuant to 28 U.S.C. § 1367(a). 14. Venue is proper in this District pursuant to 28 U.S.C. §§ 1391(b)(2) and 1400(a). 27 28 -3COMPLAINT CASE NO. ____ Case 2:17-cv-08655 Document 1 Filed 11/30/17 Page 5 of 19 Page ID #:5 1 BACKGROUND FACTS 2 Plaintiffs and Their Copyrighted Works 3 4 15. Plaintiffs or their affiliates own, produce, and distribute some of the most popular and critically acclaimed motion pictures in the world. a. 5 Well-known feature-length motion pictures in which Disney 6 holds the copyrights include: Pirates of the Caribbean: Dead Men Tell No Tales 7 (2017), Beauty and the Beast (2017), Finding Dory (2016), The Jungle Book (2016), 8 Moana (2016), Inside Out (2015), and Frozen (2013). b. 9 Well-known feature-length motion pictures in which Lucasfilm 10 holds the copyrights include: Rogue One: A Star Wars Story (2016) and Star Wars: 11 Episode VII – The Force Awakens (2015). c. 12 Well-known feature-length motion pictures in which Marvel 13 holds the copyrights include: Doctor Strange (2017), Guardians of the Galaxy Vol. 14 2 (2017), and Iron Man 3 (2013). 15 16. Redbox currently engages in the unauthorized sale of Codes for all of 16 the foregoing titles, and other Copyrighted Works, both online and at its physical 17 kiosks. 18 19 20 17. Plaintiffs or their affiliates own or have the exclusive U.S. rights (among others) to reproduce and distribute the Copyrighted Works. 18. Plaintiffs or their affiliates distribute the Copyrighted Works in various 21 formats and through multiple distribution channels, including: for exhibition in 22 theaters; through cable and direct-to-home satellite services (including basic, 23 premium, “pay-per-view,” and video-on-demand services); through licensed digital 24 services; and through physical copies on Blu-ray discs and DVDs. 25 19. Consumers can access Plaintiffs’ digital content through the 26 ReedeemDigitalMovie.com website, the Movies Anywhere service, or other 27 websites hosted by Plaintiffs or their affiliates. These sites provide online portals 28 -4COMPLAINT CASE NO. ____ Case 2:17-cv-08655 Document 1 Filed 11/30/17 Page 6 of 19 Page ID #:6 1 through which consumers with authorization to do so are permitted to redeem 2 Codes for access to the underlying motion picture. 3 Plaintiffs’ Combo Packs and Digital Movie Codes 4 20. Plaintiffs’ Combo Packs are single retail units that contain three 5 separate consumer offerings bundled together: a Blu-ray disc containing a copy of 6 the work; a DVD containing a copy of the work; and a Code, which the purchaser 7 of the Combo Pack can redeem through authorized online services. 8 9 21. Combo Packs are sold at a discount from the price that a consumer would pay separately to purchase the individual discs and obtain an authorized 10 digital copy. Plaintiffs offer Codes as part of the Combo Packs as a way of 11 providing consumers who typically utilize physical playback media with access to 12 the online entertainment ecosystem. The discounted aggregate price is also an 13 incentive for consumers to upgrade to the purchase of Combo Packs instead of a 14 single disc package or digital download. 15 22. Combo Packs are sold subject to terms and conditions that govern both 16 the purchase and use of the included offerings. One such term, stated twice on the 17 outside of the Combo Pack packaging, states: “Codes are not for sale or transfer.” 18 23. The Code is printed on an insert included with the Combo Pack. The 19 insert provides instructions for redeeming the Code to download or access a digital 20 stream of the motion picture. A consumer can redeem a Code through 21 RedeemDigitalMovie.com, the Movies Anywhere service, or, in some cases, 22 through other authorized services. The bottom of the insert states again that “Codes 23 are not for sale or transfer.” 24 25 26 27 28 -5COMPLAINT CASE NO. ____ Case 2:17-cv-08655 Document 1 Filed 11/30/17 Page 7 of 19 Page ID #27 EASY STEP ?siiRedeemDigiialMeviuem . 0! Go lo Disney Movies Anywhere. 2 Euler (ode Below. KM PW8WJ7YVV6 3 Enioy You Movie! Mmmlus?ulmsh. emu-u, 3.25.. Figure 2: Digital Movie Code Insert 24. Before redeeming the Code through RedeemDigitalMoviecom, an individual must agree to the following by entering the Code and clicking ?Redeem?: ?By redeeming a digital code, you represent that you are the owner of the physical product that accompanied the digital code at the time of purchase. The redemption of a digital code sold or transferred separate from the original physical product is prohibited. To read all applicable terms and conditions, click here.? Enter Code Enter your code to get your digital movie and more! But edeem n.4' a digital 4.11.17. iepit?y? i ll 41 you en.? Ih: umm 0' HI: p?lyscal 1 I:i rotomr?n?i?d 'hr (1 gl?a and?. It The ?ir?o Til-"limo ?a rote/nylon 50 (l ?r separzte the atoms :ro:uct p":h 192. To read nl 3pc! c3b Ie'n: -I: ll .x Hl" Figure 3: RedeemDigitaMovie.com Condition 25. The additional terms and conditions include the following: All digital movie codes are owned by Buena Vista Home Entertainment, Inc. and you may use such digital movie codes only as speci?cally authorized under these terms and conditions. The sale, distribution, purchase or transfer of digital movie codes outside of the methods set forth in these terms and conditions is unauthorized. Buena -6- COMPLAINT CASE NO. Case 2:17-cv-08655 Document 1 Filed 11/30/17 Page 8 of 19 Page ID #:8 1 2 3 4 Vista Home Entertainment, Inc. reserves the right to invalidate any digital movie codes it suspects have been sold, distributed, purchased or transferred in a manner inconsistent with these terms and conditions. In addition, Buena Vista Home Entertainment, Inc. will have the right to take appropriate legal action, in its sole discretion. 5 6 7 8 9 10 11 12 Figure 4: Terms and Conditions for RedeemDigitalMovie.com 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Consumers must agree to these terms and conditions when entering Codes and before streaming or downloading the content. 26. The Movies Anywhere service is likewise subject to terms of use, which provide the following regarding redemption of Codes: Digital Copy Code Redemption. You can enter authorized, unexpired, valid, and unused Digital Copy codes from a Digital Copy enabled and Movies Anywhere-eligible physical product that is owned by you in the “Redeem” section of the Movies Anywhere Service. . . . You will not transfer, sell or rent (or offer to transfer, sell or rent) any Digital Copy codes. . . . The sale, distribution, purchase or transfer of Digital Copy codes outside of the methods set forth in such terms and conditions is strictly prohibited. Consumers cannot access or use Movies Anywhere without creating an account, which requires them to click a box acknowledging that they have read and agree to the terms of use. 27 28 -7COMPLAINT CASE NO. ____ Case 2:17-cv-08655 Document 1 Filed 11/30/17 Page 9 of 19 Page ID #:9 1 Redbox’s Unlawful Resale of Codes 2 27. Redbox purchases and disassembles Combo Packs, separating the 3 Codes from the physical discs. Redbox rents or sells the discs through its kiosks. 4 Redbox separately re-packages the Code insert—that states “Codes are not for sale 5 or transfer”—into a Redbox case for resale. 6 7 8 9 10 11 12 13 14 Figure 5: Redbox Re-packaging of Digital Movie Codes 15 16 17 18 19 20 28. Redbox sells these Codes through its retail kiosks as well as online (to be picked up at a nearby Redbox kiosk). Redbox markets its offering of the Codes as “cheap,” a “Smart buy,” and a low-price alternative to authorized digital services. Redbox does so to attract customers who would otherwise purchase a Combo Pack or licensed digital offering through an authorized distributor. 21 22 23 24 25 26 27 28 -8COMPLAINT CASE NO. ____ Case 2:17-cv-08655 Document 1 Filed 11/30/17 Page 10 of 19 Page ID #:10 1 2 3 4 5 6 7 8 9 10 Figure 6: Redbox Website http://redbox.com/ 11 12 29. Redbox knows the terms and conditions that govern use of the Codes, 13 including the express prohibition that appears twice on the outside of the packaging 14 (and again on the inside packaging containing the Code): “Codes are not for sale or 15 transfer.” 16 30. Redbox does not tell its customers that the Codes were sold as part of 17 a Combo Pack; that the Codes may not be resold or transferred; that a customer 18 who purchases a Code separate from the rest of the Combo Pack does not have 19 authorization to redeem the Code, or to download or otherwise access a copy of the 20 Copyrighted Work; or that BVHE has the right to invalidate any Code it suspects 21 has been sold, distributed, purchased, or transferred in a manner inconsistent with 22 the governing terms and conditions. 23 31. Redbox knows that Plaintiffs’ digital content licenses are subject to 24 terms of use. This is a practice that Redbox itself follows. When Redbox offers 25 online programs and services, its customers must create an account and agree to 26 Redbox’s terms of use. Redbox knows that the online redemption of Codes and the 27 use of services like RedeemDigitalMovie.com and Movies Anywhere also are 28 subject to terms of use. And, Redbox knows from the language on the outside -9COMPLAINT CASE NO. ____ Case 2:17-cv-08655 Document 1 Filed 11/30/17 Page 11 of 19 Page ID #:11 1 packaging of Combo Packs that terms and conditions apply to the redemption of 2 Codes. Redbox has knowledge of the RedeemDigitalMovie.com and Movies 3 Anywhere terms of use either because Redbox read those terms of use before 4 starting to sell the Codes or because Redbox willfully blinded itself to those terms 5 of use. 6 Redbox’s Conduct Causes Immediate and Irreparable Harm 7 32. If not enjoined, Redbox’s continued unlawful conduct will harm 8 Plaintiffs’ relationships with its authorized distributors and retailers. Because 9 Redbox resells Codes without authorization and in violation of the terms of the 10 contract, Redbox significantly undercuts the prices offered by licensed services for 11 accessing the Copyrighted Works online. Redbox’s conduct interferes with, among 12 other things, Plaintiffs’ goodwill with those licensees and ability to negotiate with 13 licensees. 14 33. Redbox’s illegal conduct will continue to undermine Plaintiffs’ 15 relationships with its customers. Redbox markets its sale of the Codes to its 16 customers as a legitimate and lawful alternative to purchasing digital access 17 through authorized online services. Redbox misleads customers into believing that 18 they are entering into authorized transactions when they redeem Codes and induces 19 those customers to download digital copies of titles when Redbox knows those 20 customers have no legal authorization or right to do so. Redbox’s illegal conduct 21 threatens to confuse and frustrate customers regarding the authorized use of Codes. 22 FIRST CAUSE OF ACTION 23 (Disney, Lucasfilm, and Marvel: 24 Contributory Copyright Infringement, 17 U.S.C. §106) 25 26 34. Plaintiffs incorporate herein by reference each and every averment contained in paragraphs 1 through 33 inclusive. 27 28 -10COMPLAINT CASE NO. ____ Case 2:17-cv-08655 Document 1 Filed 11/30/17 Page 12 of 19 Page ID #:12 1 35. When Redbox’s customers download Copyrighted Works using a 2 Code purchased from Redbox, they do so without authorization and in violation of 3 Plaintiffs’ exclusive rights under copyright, including the right of reproduction. 36. 4 Redbox is contributorily liable for copyright infringement because it 5 (a) has knowledge that its customers will be reproducing the Copyrighted Works 6 without authorization when they use the Codes to download copies of those works, 7 and (b) induces, encourages, or materially contributes to the violation of Plaintiffs’ 8 rights through its unlawful resale of the Codes. 37. 9 10 Redbox’s acts of infringement are willful, in disregard of, and done with indifference to Plaintiffs’ rights. 38. 11 As a direct and proximate result of the infringements for which 12 Redbox is responsible, Plaintiffs are entitled to damages and Redbox’s profits in 13 amounts to be proven at trial. 39. 14 Alternatively, at their election, Plaintiffs are entitled to statutory 15 damages, up to the maximum amount of $150,000 per statutory award, by virtue of 16 Redbox’s willful infringement, or for such other amounts as may be proper under 17 17 U.S.C. § 504. 40. 18 19 Plaintiffs are further entitled to recover their attorneys’ fees and full costs pursuant to 17 U.S.C. § 505. 41. 20 As a direct and proximate result of the foregoing acts and conduct, 21 Plaintiffs are threatened with continuing substantial, immediate, and irreparable 22 injury for which there is no adequate remedy at law. Unless enjoined and 23 restrained by this Court, Redbox will continue to infringe Plaintiffs’ rights in their 24 Copyrighted Works. Plaintiffs are entitled to injunctive relief under 17 U.S.C. 25 § 502. 26 27 28 -11COMPLAINT CASE NO. ____ Case 2:17-cv-08655 Document 1 Filed 11/30/17 Page 13 of 19 Page ID #:13 1 SECOND CAUSE OF ACTION 2 (BVHE: 3 Breach of Contract) 4 5 6 7 42. Plaintiffs incorporate herein by reference each and every averment contained in paragraphs 1 through 41 inclusive. 43. Redbox enters into a contract with BVHE when it purchases Combo Packs. That contract prohibits “sale or transfer” of the Codes. 8 44. BVHE has performed its obligations under the contract. 9 45. Redbox has breached the contract by reselling the Codes to its 10 11 12 13 customers. 46. Redbox’s breach causes Plaintiffs to suffer damages and threatens them with continuing substantial, immediate, and irreparable injury. 47. Plaintiffs are entitled to specific performance and an injunction 14 restraining Redbox from continuing to violate the terms of the contract because 15 there is no adequate legal remedy, Cal. Civ. Code § 3366 et seq. 16 THIRD CAUSE OF ACTION 17 (BVHE: 18 Tortious Interference with Plaintiffs’ Contracts with Customers) 19 48. 20 21 Plaintiffs incorporate herein by reference each and every averment contained in paragraphs 1 through 47 inclusive. 49. BVHE has valid contracts with customers through the 22 RedeemDigitalMovie.com terms of service. These contracts prohibit the 23 redemption of Codes by customers who do not own the accompanying physical 24 product sold as part of the Combo Pack. 25 50. Redbox at all relevant times has known of these contracts. 26 51. Redbox intentionally induced and is continuing to induce breach and 27 disruption of these contractual relationships between BVHE and customers by 28 selling Codes disassembled from the Combo Packs that cannot be redeemed -12COMPLAINT CASE NO. ____ Case 2:17-cv-08655 Document 1 Filed 11/30/17 Page 14 of 19 Page ID #:14 1 without violating the terms and conditions of the RedeemDigitalMovie.com terms 2 of service. 3 52. Plaintiffs are damaged by Redbox’s interference with their 4 relationships with their customers as well as lost sales; and are threatened with 5 continuing substantial, immediate, and irreparable injury for which there is no 6 adequate remedy at law, thereby entitling Plaintiffs to injunctive relief. 7 53. Redbox’s actions were done with malice, oppression, and fraud and in 8 wanton disregard for Plaintiffs’ rights. Plaintiffs are therefore entitled to punitive 9 damages, under California Civil Code § 3294, to punish Redbox for its conduct and 10 to deter it from engaging in similar conduct in the future. 11 FOURTH CAUSE OF ACTION 12 (All Plaintiffs: 13 Violation of the False Advertising Law, Cal. Bus. & Prof. Code § 17500) 14 15 16 54. Plaintiffs incorporate herein by reference each and every averment contained in paragraphs 1 through 53 inclusive. 55. California Business and Professions Code § 17500 et seq., prohibits 17 false advertising, i.e., untrue or misleading statements with the intent to induce 18 members of the public to enter into a transaction. 19 56. Redbox knowingly disseminates false and misleading information by 20 not disclosing to consumers that the Codes may only be redeemed by the owner of 21 the physical product sold as part of the Combo Pack. Redbox deceives customers 22 into believing that the Codes that Redbox sells grant those customers authorized 23 access to a digital copy of the motion picture, when they do not. 24 25 57. Plaintiffs are entitled to injunctive relief and restitution pursuant to California Business and Professions Code § 17535. 26 27 28 -13COMPLAINT CASE NO. ____ Case 2:17-cv-08655 Document 1 Filed 11/30/17 Page 15 of 19 Page ID #:15 1 FIFTH CAUSE OF ACTION 2 (All Plaintiffs: 3 Violation of the Unfair Competition Law, Cal. Bus. & Prof. Code § 17200) 4 5 6 58. Plaintiffs incorporate herein by reference each and every averment contained in paragraphs 1 through 57 inclusive. 59. California Business and Professions Code § 17200 et seq. (“UCL”), 7 prohibits unfair competition in the form of any unlawful, unfair, or fraudulent 8 business acts or practices. 9 60. Redbox engages in conduct that violates the UCL by, as further 10 explained in paragraphs 1 through 57 inclusive, competing in the marketplace on 11 unfair terms by engaging in unlawful conduct and misleading its customers into 12 believing that their purchase of the illegally re-packaged and resold Codes grants 13 those customers authorized access to a digital copy of the motion picture. 14 15 16 61. This conduct is “unlawful” because it constitutes tortious interference with contracts and false advertising under Cal. Bus. & Prof. Code § 17500. 62. This conduct is “unfair” because (a) it is contrary to legislatively 17 declared policies, including the policies expressed and embodied in Cal. Bus. & 18 Prof. Code § 17500; and (b) the impact of the conduct on Plaintiffs, when weighed 19 against Redbox’s reasons, motivations, and justifications for such conduct, 20 establish that the conduct is unfair. 21 63. This conduct is “fraudulent” in that it is likely to deceive customers 22 into believing they have purchased a Code that grants them authorized access to a 23 digital copy of a Copyrighted Work, when in fact customers are only authorized to 24 use a Code if they have purchased the accompanying physical product as part of the 25 Combo Pack. 26 27 64. Plaintiffs have lost and will continue to lose sales as a direct result of Redbox’s unlawful, unfair, and fraudulent conduct. 28 -14COMPLAINT CASE NO. ____ Case 2:17-cv-08655 Document 1 Filed 11/30/17 Page 16 of 19 Page ID #:16 1 2 65. Plaintiffs are entitled to injunctive relief and restitution pursuant to California Business and Professions Code § 17203. 3 PRAYER FOR RELIEF WHEREFORE, Plaintiffs pray for judgment against Redbox for the following 4 5 relief: 6 1. For preliminary and permanent injunctions enjoining Redbox and all 7 persons acting in concert or participation with it, from reselling Codes; from 8 infringing in any manner, directly or indirectly, any copyrighted work owned or 9 controlled by Plaintiffs or their affiliates (including without limitation any 10 Copyrighted Work); from breaching the terms of Redbox’s contracts with any 11 Plaintiff; from interfering with any Plaintiff’s contracts with customers; from 12 disseminating false and misleading information regarding Codes; and from 13 unlawfully, unfairly, or fraudulently competing by reselling Codes. 14 2. For Plaintiffs’ damages and Redbox’s profits in such amount as may 15 be found; alternatively, at Plaintiffs’ election, for maximum statutory damages; or 16 for such other amounts as may be proper pursuant to 17 U.S.C. § 504(c). 17 18 3. For Plaintiffs’ damages and restitution to the fullest extent allowed pursuant to the common law and Cal. Bus. & Prof. Code § 17203. 19 4. For an award of punitive damages pursuant to Cal. Civ. Code § 3294. 20 5. For prejudgment interest pursuant to Cal. Civ. Code § 3287. 21 6. For Plaintiffs’ attorneys’ fees and full costs incurred in this action 22 23 24 pursuant to 17 U.S.C. § 505 and Cal. Civ. Code §1021.5. 7. For all such further and additional relief, in law or in equity, to which Plaintiffs may be entitled or which the Court deems just and proper. 25 26 27 28 -15COMPLAINT CASE NO. ____ Case 2:17-cv-08655 Document 1 Filed 11/30/17 Page 17 of 19 Page ID #:17 1 2 DEMAND FOR JURY TRIAL Plaintiffs demand a trial by jury on all issues triable by jury. 3 4 DATED: November 30, 2017 MUNGER, TOLLES & OLSON LLP 5 6 7 By: /s/ Kelly M. Klaus KELLY M. KLAUS 8 9 Attorneys for Plaintiffs 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -16COMPLAINT CASE NO. ____ Case 2:17-cv-08655 Document 1 Filed 11/30/17 Page 18 of 19 Page ID #218 EXHIBIT A Case 2:17-cv-08655 Document 1 Filed 11/30/17 Page 19 of 19 Page ID #:19 Complaint Exhibit A Plaintiff Title Disney Enterprises, Inc. Disney Enterprises, Inc. Disney Enterprises, Inc. Disney Enterprises, Inc. Disney Enterprises, Inc. Disney Enterprises, Inc. Disney Enterprises, Inc. Disney Enterprises, Inc. Disney Enterprises, Inc. Disney Enterprises, Inc. Disney Enterprises, Inc. Disney Enterprises, Inc. Disney Enterprises, Inc. Alice Through the Looking Glass Beauty and the Beast (2017) Cars 3 Finding Dory Frozen Inside Out Jungle Book, The (2016) Lone Ranger, The Maleficent Moana Muppets Most Wanted Oz the Great and Powerful Pirates of the Caribbean: Dead Men Tell No Tales Planes Planes: Fire & Rescue Star Wars: Episode VII – The Force Awakens Rogue One: A Star Wars Story Doctor Strange Guardians of the Galaxy Vol. 2 Iron Man 3 Disney Enterprises, Inc. Disney Enterprises, Inc. Lucasfilm Ltd. LLC Lucasfilm Ltd. LLC MVL Film Finance, LLC MVL Film Finance, LLC MVL Film Finance, LLC U.S. Copyright Reg. Number PA 1-991-651 PA 2-031-209 PA 2-048-714 PA 1-994-819 PA 1-871-077 PA 1-949-250 PA 1-988-129 PA 1-848-181 PA 1-899-203 PA 2-012-015 PA 1-887-658 PA 1-830-872 PA 2-045-629 PA 1-856-767 PA 1-907-149 PA 1-975-592 PA 2-016-306 PA 2-008-618 PA 2-033-904 PA 1-836-301 COMPLAINT, EX. A CASE NO. ____