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Hartmann v. Popcornflix.com LLC

Infringement Alleged as to Only One Film; Registration of Other Three Not Pleaded

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OPINION & ORDER Plaintiff Ralf Hartmann (“Plaintiff”) brings this action against Defendants Popcornflix.com LLC (“Popcornflix”) and Chicken Soup For the Soul Entertainment, Inc. (“Chicken Soup” and together, “Defendants”) alleging direct copyright infringement, contributory infringement, vicarious infringement, and copyright infringement in violation of foreign copyright laws. Before me is Defendants’ motion to dismiss the First Amended Complaint and Jury Demand pursuant to Federal Rule of Civil Procedure 12(b)(6). Because Plaintiff plausibly alleges direct copyright infringement of the film After the Rain, but fails to plausibly allege direct copyright infringement of the films Commander Hamilton, Austin Powers, or The Last Tattoo, or claims of contributory infringement, vicarious infringement, or foreign copyright infringement of any films, the motion to dismiss is GRANTED IN PART and DENIED IN PART. I. Factual Background and Procedural History1 This case concerns Defendants’ unauthorized distribution of four films currently owned by Plaintiff: Commander Hamilton, After the Rain, Austin Powers: International Man of Mystery (“Austin Powers”), and The Last Tattoo (together, the “Films”). (See Am. Compl.

41-52.) Defendant Popcornflix is a “direct-to-consumer online video streaming and on demand service.” (Id. 23.) Because Popcornflix is advertiser-supported, its “library of digital content, including full-length films and television series” is free to subscribers. (Id.) Popcornflix operates in the United States and more than 60 other countries. (Id. 26.) Popcornflix is a Delaware limited liability company that is a wholly owned subsidiary of Chicken Soup, a Delaware corporation. (Id.

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