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The purpose of the Digital Millennium Copyright Act (DMCA) is to enforce certain obligations under the WIPO copyright treaty and address a number of significant copyright-related issues in the digital environment such as implementing technological circumvention protection measures. This sample complaint seeks relief for circumvention of copyright protection systems under the DMCA. UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ___________________ PLAINTIFF, : CASE NO. -AGAINST : DEFENDANTS. : COMPLAINT Plaintiff, by its counsel, herein against Defendants alleges: NATURE OF THE ACTION 1. Plaintiff is one of the leading developers of computer software designed for the purpose of Computer Aided Design and Computer Aided Manufacture (“CAD/CAM”). Plaintiff’s CAD/CAM software has been licensed to thousands of users in the United States and throughout the world. 2. Plaintiff licenses its CAD/CAM software based on a fixed number of authorized computer work stations at each licensed user’s location. Plaintiff licenses copies of its CAD/CAM software to its customers in conjunction with an accompanying piracy protection device. The piracy protection device is designed to prevent the licensee from exceeding the number of licensed users and prevent third parties from using unauthorized or “pirated” copies of the software. 3. Defendant manufactures, offers and sells a technological product that circumvents Plaintiff’s piracy protection device as to the CAD/CAM software. Upon information and belief, Defendants’ product is offered for sale and advertised as a means of circumventing Plaintiff’s piracy protection device. Since its introduction one year ago, Defendants’ product has been sold to hundreds of CAD/CAM software licensees. 4. As a result of Defendants’ acts Plaintiff has lost substantial revenue. PARTIES 5. Plaintiff, is a ______________ corporation, with its principal place of business at _________________________________. 6. Upon information and belief, Defendant is a _____________ corporation, with its principal place of business at ____________________________. SUBJECT MATTER JURISDICTION 7. This Court has jurisdiction over this action pursuant to 28 U.S.C. �� 1331 and 1338(a) and (b) over the matters complained of in the Claim for Relief, which allege violations of the United States Copyright Act of 1976, 17 U.S.C. �� 101, et seq. PERSONAL JURISDICTION AND VENUE 8. Personal jurisdiction and venue are proper in this Court pursuant to 28 U.S.C. �� 1391(b),(c) and 1400(a), respectively. Among other things, Defendant has conducted business in this District and has distributed its products in this District. FIRST CAUSE OF ACTION Circumvention of Copyright Protection Systems Under the Digital Millennium Copyright Act, 17 U.S.C. � 1201 et seq. 9. Defendants are offering for sale the technological product whose sole purpose is to circumvent the piracy protection devices used by Plaintiff to protect its CAD/CAM software. Defendants know that this device will permit Plaintiff’s licensed users or third parties to copy and use the CAD/CAM software without paying Plaintiff the appropriate license fee. By developing, offering for sale, and selling their products, Defendants are offering to the public products that circumvent (by bypassing, deactivating, and impairing) a technological measure that effectively controls access to a work protected by copyright, all with full knowledge that those products will be used to circumvent such a technological measure. 10. Defendants’ products have no commercially significant purpose or use other than to circumvent a technological measure that effectively controls access to a copyrighted work. 11. Defendants’ acts constitute violations of Digital Millennium Copyright Act, P.L. 105-304, 112 Stat. 2860, codified, in relevant part, at 17 U.S.C. � 1201 et seq. 12. As a result of Defendants’ conduct herein, Plaintiff has been, and continues to be, irreparably harmed. WHEREFORE, Plaintiff, demands judgment as follows: (a) Entry of judgment against Defendant; (b) Entry of preliminary and permanent injunctions enjoining Defendants, their agents, employees, consultants, and other persons acting in concert with Defendants from manufacturing, providing, selling, or otherwise trafficking in or offering to the public any products which circumvent Plaintiff’s anti piracy system; (c) Entry of an order directing the impoundment of any products which circumvent Plaintiff’s anti piracy systems; (d) Award Plaintiff actual damages and lost profits, and damages on account of Defendants’ unjust enrichment, to the extent permitted by law; (e) Award Plaintiff punitive damages to the extent permitted by law; (f) Award Plaintiff statutory and/or treble damages to the extent permitted by law; (g) Award Plaintiff its costs of this action; (h) Award Plaintiff its reasonable attorneys’ fees to the extent permitted by law; (i) Order the destruction of Defendants’ products which circumvent Plaintiff’s anti-piracy systems; and (j) Grant such other legal or equitable relief as the Court may deem just and proper. Respectfully submitted, Dated: By: _____________________ Attorneys for Plaintiff This form complaint is intended to serve solely as an exemplar and may need to be modified to conform to the legal requirements of your jurisdiction. It in no way constitutes legal advice. Richard Raysman and Peter Brown are partners with the law firm of Brown Raysman Millstein Felder & Steiner (www.brownraysman.com)in New York. The authors are also computer law columnists for theNew York Law Journal , an affiliate of law.com. For information on purchasing the book,Computer Law: Drafting and Negotiating Forms and Agreements , please go to www.lawcatalog.com/product_detail.cfm?affil=lawcom&productID=1082.

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