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of the files uploaded for distribution by DK are copyright-infringing
works. These infringing works included voluminous collections (and in
many cases entire seasons) of popular copyrighted television programs,
such as 24, 30 Rock, American Dad, Angel, Battlestar Galactica, The Big
Bang Theory, Big Love, Bones, Breaking Bad, Chuck, CSI: Miami, Curb
Your Enthusiasm, Deadwood, Desperate Housewives, Entourage, Family
Guy, Friday Night Lights, Friends, Fringe, Gilmore Girls, Glee, Gossip
Girl, Grey’s Anatomy, Heroes, How I Met Your Mother, House M.D., It’s
Always Sunny in Philadelphia, Lost, La Femme Nikita, Law & Order:
SVU, Monk, The Office, Pretty Little Liars, Prison Break, Psych, Seinfeld,
The Simpsons, Smallville, The Sopranos, South Park, Supernatural, True
Blood, The Wire, and Xena: Warrior Princess, and a variety of copyrighted
motion pictures, such as Astroboy, Atonement, Avatar, A Clockwork
Orange, The Devil Wears Prada, Ghosts of Girlfriends Past, Inside Man,
Lies and Illusions, Max Payne, Pineapple Express, Pirates of the
Caribbean: At World’s End, Quantum of Solace, and Ratatouille. This
evidence shows that despite receiving more than 46,000 notices of
copyright infringement associated with the conduct of DK, more than half
of which were received and processed manually by defendant VAN DER
KOLK himself, the Mega Conspiracy chose to pay DK on at least 26
separate occasions for his infringement of copyrighted works using the
Mega Sites. The Mega Conspiracy did this to generate advertising and
subscriber interest with more than 21 million site visits and infringements
coming as a result of financial incentives made directly to DK.
b. Between on or about March 4, 2010, and August 31, 2010, DK created for
distribution more than a 28,000 URL links to copyright-infringing works
that were subject to copyright-takedown notices, including the television
programs Skins, Sons of Anarchy, The Office, House M.D., How I Met
Your Mother, 30 Rock, Grey’s Anatomy, Family Guy, Entourage, Lost,
Curb Your Enthusiasm, Dexter, South Park, Cold Case, The Vampire
Diaries, The Wire, and True Blood.
c. On or about April 8, 2011, VAN DER KOLK sent an e-mail entitled
“rewards payment” to ORTMANN. The e-mail contained no text, but in
the attached reward payment file, repeat infringer DK was among those
listed as being entitled to two separate payments of $100 each. Prior to
April 8, 2011, the Mega Conspiracy had received and processed
copyright-infringement takedown notices identifying more than 40,000
URL links to infringing content uploaded and distributed by DK, and had
already paid DK at least $3,600 as part of the Uploader Rewards program.
On or about April 8, 2011, the Mega Conspiracy made two separate
payments of $100 each to DK through PayPal.
d. Between on or about July 23, 2011, and January 19, 2012, DK created for
distribution more than 40 URL links to copyright-infringing works that
were subject to copyright-takedown notices, including the television