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Home > Conde Nast v. Does

Conde Nast v. Does [1]

Submitted by DMLP Staff on Thu, 01/21/2010 - 14:22

Summary

Threat Type: 

Lawsuit

Date: 

12/17/2009

Status: 

Pending

Location: 

New York

Verdict or Settlement Amount: 

N/A

Legal Claims: 

Computer Fraud and Abuse Act
Copyright Infringement
On December 17, 2009, Conde Nast filed a lawsuit in the Southern District of New York against unknown Doe defendants asserting claims for copyright infringement, contributory copyright infringement, and violation of the Computer Fraud and Abuse Act.  According to the Complaint, sometime... read full description
Parties

Party Receiving Legal Threat: 

John Does 1-5

Type of Party: 

Media Company

Type of Party: 

Individual

Location of Party: 

  • New York

Legal Counsel: 

Robert Penchina and Katharine Larsen, Levine Sullivan Koch & Schulz, L.L.P.
Description

On December 17, 2009, Conde Nast filed a lawsuit in the Southern District of New York against unknown Doe defendants asserting claims for copyright infringement, contributory copyright infringement, and violation of the Computer Fraud and Abuse Act. 

According to the Complaint, sometime around September 2009, Defendants used a third party's user name and password to access Conde Nast's computer system and download over 1100 files containing pages from various Conde Nast publications, including pages from the December 2009 issue of GQ.  The Complaint alleges that copies of these images were subsequently uploaded to the website ImageBarn.com, but were later removed in response to a DMCA takedown notice issued by Conde Nast.  According to the Complaint, the day after the infringing images were removed by Image Barn, the defendants created a blog called FashionZag, located at FashionZag.blogspot.com, where the images were once again posted.  Conde Nast claims that the images were also uploaded to the website BayIMG.com, allegedly run by the people behind The Pirate Bay, and that the files were subsequently downloaded and made available on third party websites, including TheDrizzyEffect.com and TwitPic.com.

On December 18, 2009, Conde Nast filed an ex parte motion seeking discovery from AT&T, the ISP from which Conde Nast alleges the unauthorized access of its computers originated, and Google, owner of the Blogger service that hosts the FashionZag blog.  The Court granted Conde Nast's motion on December 21, 2009

Related Links: 

  • Media Law Prof Blog: Conde Nast Files John Doe Infringement Lawsuit [2]
  • ABA Journal: Condé Nast Sues over Hacked GQ Pages Leaked by Anonymous Blogger [3]
  • Online Media Daily: Condé Nast Makes Strong Case To Unmask Blogger Who Posted Leaked Content [4]
  • Internet Cases: Court orders anonymous GQ blogger and accused hacker to be identified [5]
Details

Web Site(s) Involved: 

ImageBarn.com

FashionZag.blogspot.com

BayIMG.com

TheDrizzyEffect.com

TwitPic.com

Publication Medium: 

Blog
Social Network
Website
Court Information & Documents

Jurisdiction: 

  • New York

Source of Law: 

  • United States
  • New York

Court Name: 

United States District Court for the Southern District of New York

Court Type: 

Federal

Case Number: 

1:09-cv-10257-JGK

Relevant Documents: 

PDF icon 2009-12-17-Conde Nast Complaint.pdf [6]
PDF icon 2009-12-18- Memorandum of Law in Support of Motion for Discovery.pdf [7]
PDF icon 2009-12-18- Motion for Discovery.pdf [8]
CMLP Information (Private)

Priority: 

1-High

Threat Source: 

Blog Post

DMLP Logo


Source URL (modified on 08/20/2014 - 11:10pm): https://www.dmlp.org/threats/conde-nast-v-does

Links
[1] https://www.dmlp.org/threats/conde-nast-v-does
[2] http://lawprofessors.typepad.com/media_law_prof_blog/2009/12/conde-nast-files-john-doe-infringement-lawsuit.html
[3] http://www.abajournal.com/news/article/conde_nast_sues_over_hacked_gq_pages_leaked_by_anonymous_blogger
[4] http://www.mediapost.com/publications/?fa=Articles.showArticle&art_aid=119666
[5] http://blog.internetcases.com/2010/01/19/court-orders-anonymous-gq-blogger-and-accused-hacker-to-be-identified/
[6] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2009-12-17-Conde%20Nast%20Complaint.pdf
[7] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2009-12-18-%20Memorandum%20of%20Law%20in%20Support%20of%20Motion%20for%20Discovery.pdf
[8] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2009-12-18-%20Motion%20for%20Discovery.pdf