HENRY D. GRADSTEIN, ESQ. (SBN 089747)
BRUCE E. VAN DALSEM, ESQ. (SBN 124128)
EDWARD J. SLIZEWSKI, ESQ. (SBN 160526)
GRADSTEIN, LUSKIN & VAN DALSEM
A Professional Corporation
12100 Wilshire Boulevard, Suite 350
Los Angeles, California 90025-7103
Telephone: (310) 571-1700
Facsimile: (310) 571-1717
Attorneys for Plaintiffs
PLAYMEDIA SYSTEMS, INC. and
ADVANCED MULTIMEDIA PRODUCTS
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
WESTERN DIVISION
PLAYMEDIA SYSTEMS, INC., a
California corporation; and ADVANCED
MULTIMEDIA PRODUCTS,
a partnership,
Plaintiffs,
vs. 1.
2.
NULLSOFT, INC., an Arizona 3.
corporation; JUSTIN FRANKEL, an
an individual; and Does 1-10, inclusive, 4.
Defendants.
Plaintiffs PlayMedia Systems, Inc. and Advanced Multimedia
JURISDICTION AND VENUE
1. This Complaint arises under the Copyright Act of 1976
limitation, the Computer Software Act of 1980 (17 U.S.C. §§ 101 et
California.
2. This Court has jurisdiction over the subject matter
of 28 U.S.C. §§ 1331, 1338(a) and 1367.
3. Venue is proper in this district under 28 U.S.C. §§
///
GRADSTEIN, LUSKIN
& VAN DALSEM
12100 Wilshire Blvd.
Suite 350
Los Angeles, CA 90025
(310) 571-1700 1
C:\PROGRAM FILES\MICROSOFT FRONTPAGE\TEMP\COMPLAINT-1B.DOC
SNIPPETS:
GRADSTEIN, LUSKIN & VAN DALSEM
Los Angeles, California 90025-7103
12100 Wilshire Blvd. Suite 350 Los Angeles,
computer software and, as alleged below, is the owner of all right, title and interest in and
the laws of the State of California with its principal place of business in the County of Los
From January 30, 1998 until July 14, 1998, Advanced Multimedia Products was the
11 as AMP.
13 business in a place not known to Plaintiffs.
Nullsoft is in the business of developing and marketing
Nullsoft has sufficient minimum contacts with the State of California to subject it to the
Plaintiffs are informed and believe, and on that basis allege, that among other
Defendant Frankel has sufficient minimum contacts with the State of California to subject him
conducting the business of Nullsoft and his own business related to Winamp,
sued herein as Does 1 through 10, inclusive, and therefore sues these Defendants by
19 occurrences herein alleged and Plaintiffs' damages.
AMP was written by Tomislav Uzelac.
created a derivative work based thereon,
Defendant Frankel, as an individual, a non-exclusive license to use the AMP code in Winamp in
11 that Defendant Frankel nevertheless caused Nullsoft to commence the copying,
26 representation that it had removed all of the AMP code from Winamp was false.
Defendants as a result of Defendants' acts of infringement alleged above.
At present, the amount of such
damages, gains, profits and advantages cannot be fully ascertained by Plaintiffs, but
attributable to the infringement, exceeds $10,000,000.00, according to proof.
By reason thereof, Plaintiffs are
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