JS 44C/SDNY

REV. 4/2014

NOV 0520U

CIVIL COVER SHEET

The JS-44 civif cover sheet and the information contained herein nejUjer.
pleadings or other papers asrequired bylaw/_fcept a__rovided _Ti
Judicial Conference ofthe United States in Se_krnb_r_74, isreSired

ice nor suppler

the

of court. Thii
se of the Clerk

initiatingthe civil docket sheet.

PLAINTIFFS

DEFENDANTS

INSTITUTIONAL INVESTOR, LLC

BEECHER CARLSON HOLDINGS, INC. and

TIMOTHY VICCARI

ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER

ATTORNEYS(IF KNOWN)

Thomas M. Lancia PLLC

22 Cortlandt Street, 16th Floor

New York, New York 10007
212-964-3157

CAUSE OFACTION (CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE ABRIEF STATEMENT OF CAUSB
(DO NOT CITE JURISDICTIONAL STATUTES UNLESS DIVERSITY)

17 U.S.C. 501 etseq. Cause of action stems from Defendants' violation of Plaintiff's copyright in online published articles

Has this action, case, or proceeding, or one essentially the same been previously filed in SDNY at any time? N<EJVesQiudge Previously Assigned
If yes, was this case Vol. [J Invol. Dismissed. No Yes
ISTHISANINTERNATIONAL ARBITRATION CASE?

No __

(PLACEAN [x] IN ONEBOXONLY)

If yes, give date

Yes
NATURE OF SUIT

TORTS

CONTRACT

ACTIONS UNDER STATUTES

PERSONAL INJURY

PERSONAL INJURY

FORFEITURE/PENALTY

( ] 367 HEALTHCARE/
[]110
[]120
[]130
1)140

[]150

INSURANCE
MARINE

[ ) 310 AIRPLANE
t ] 315 AIRPLANE PRODUCT

MILLER ACT

LIABILITY

NEGOTIABLE
INSTRUMENT

I ] 320 ASSAULT, LIBEL &

RECOVERY OF

[ ] 330 FEDERAL

SLANDER

OVERPAYMENT &

EMPLOYERS'
LIABILITY

ENFORCEMENT

[ ]151
1)152

OF JUDGMENT
MEDICARE ACT

[ J 340 MARINE
[ ] 345 MARINE PRODUCT

RECOVERY OF
DEFAULTED

STUDENT LOANS

LIABILITY

[ J 350 MOTOR VEHICLE

[ ) 355 MOTOR VEHICLE

(EXCL VETERANS)
[ ]153

[]160

RECOVERY OF
OVERPAYMENT
OF VETERAN'S
BENEFITS

PHARMACEUTICAL PERSONAL ( , 625 DRUG RELATED

TEEZSLZsxr
__k
PRODUCT LIABILITY . ,ggo q"
[ ]368ASBESTOS PERSONAL ' ' W "tK

[ ] 370 OTHER FRAUD

[ ] 371 TRUTH IN LENDING

MED MALPRACTICE

STOCKHOLDERS

11195

OTHER
CONTRACT
CONTRACT
PRODUCT
LIABILITY

t ] 196 FRANCHISE

REAL PROPERTY

I 1210

LAND

[ ]220
[ ]230

CONDEMNATION
FORECLOSURE
RENT LEASE &

[J 240
[ )24S

PROPERTY DAMAGE

[ J 385 PROPERTY DAMAGE

i ]290

LIABILITY
ALL OTHER
REAL PROPERTY

[ ] 710 FAIR LABOR

STANDARDS ACT

[ J 720 LABOR/MGMT
PRISONER PETITIONS

[ ]463 ALIEN DETAINEE

[ 1510 MOTIONS TO
VACATE SENTENCE
28 USC 2255

[ ] 530 HABEAS CORPUS

[ ] 535 DEATH PENALTY
[ ] 440 OTHER CIVIL RIGHTS [ 1540 MANDAMUS & OTHER
(Non-Prisoner)

CIVIL RIGHTS

[ 1441 VOTING
[ ] 442 EMPLOYMENT
[ ) 443 HOUSING/
ACCOMMODATIONS

[ 1445 AMERICANS WITH

DISABILITIESEMPLOYMENT

EJECTMENT
TORTS TO LAND

TORT PRODUCT

LABOR

PRODUCT LIABILITY

ACTIONS UNDER STATUTES

( ) 446

AMERICANS WITH

[ ]423 WITHDRAWAL
28 USC 157

SOCIAL SECURITY

[ ] 380 OTHER PERSONAL

REAPPORTIONMENT

[
[
[
I
[

]410 ANTITRUST
] 430 BANKS & BANKING
] 450 COMMERCE
) 460 DEPORTATION
1470 RACKETEER INFLU
ENCED & CORRUPT
ORGANIZATION ACT

(RICO)
[ )480 CONSUMER CREDIT
[ J 490 CABLE/SATELLITE TV
[ ] 850 SECURITIES/
COMMODITIES/
EXCHANGE

[ ]861 HIA(1395ff)
[ J862 BLACK LUNG (923)
[ J863 DIWC/DIWW(405(g))
[ ] 864 SSID TITLE XVI

[ 1865 RSI (405(g))

[ ] 890 OTHER STATUTORY

RELATIONS

ACTIONS

[ ] 740 RAILWAY LABOR ACT

( ) 751 FAMILY MEDICAL
LEAVE ACT (FMLA)
[ ] 790 OTHER LABOR
LITIGATION

[ ] 791 EMPL RET INC

SECURITY ACT

IMMIGRATION
PRISONER CIVIL RIGHTS

[ ] 462 NATURALIZATION
( ] 550 CIVIL RIGHTS

[ ] 555 PRISON CONDITION

[ ] 560 CIVIL DETAINEE

I 1 375 FALSE CLAIMS

28 USC 158

bi 820 COPYRIGHTS
[ ] 830 PATENT
[ ] 840 TRADEMARK

PRODUCT LIABILITY

[ ] 362 PERSONAL INJURY -

OTHER STATUTES

(1400 STATE

PROPERTY RIGHTS

PERSONAL PROPERTY

( ] 360 OTHER PERSONAL

INJURY

BANKRUPTCY

[ ] 422 APPEAL

INJURY PRODUCT
LIABILITY

SUITS

[J 190

&Case No.

APPLICATION

( 1465 OTHER IMMIGRATION

ACTIONS

[ ] 891 AGRICULTURAL ACTS

FEDERAL TAX SUITS

[ 1870 TAXES (U.S. Plaintiffor

[ ] 893 ENVIRONMENTAL

Defendant)
[ ]871 IRS-THIRD PARTY

[ ] 895 FREEDOM OF

MATTERS

26 USC 7609

INFORMATION ACT

[ ) 896 ARBITRATION

[ ] 899 ADMINISTRATIVE
PROCEDURE ACT/REVIEW OR
APPEAL OF AGENCY DECISION

[ 1950 CONSTITUTIONALITY OF
STATE STATUTES

CONDITIONS OF CONFINEMENT

DISABILITIES -OTHER

[ 1448 EDUCATION

Check ifdemandedincomplaint:

CHECK IF THIS IS A CLASS ACTION

UNDER F.R.C.P. 23

DEMAND $_

OTHER

[jlPgYjOy^Aj-M THIS CASE IS RELATED TO ACIVIL CASE NOW PENDING IN S.D.N.Y.?

JUDGE

DOCKET NUMBER

Check YES onlyIfdemanded incomplaint

JURY DEMAND: 13YES D<JO

NOTE: You must also submit atthe time offiling the Statement of Relatedness form (Form IH-32).

(PLACEAN x INONEBOXONLY)

1*1 1 Original

Proceeding

ORIGIN

U 2 Removed from

Lj 3 Remanded D 4 Reinstated or

State Court

L~J

from

a. allparttesnpnMntod

Reopened

__ 5 Transferred from Q 6 Multidistrict

(Specify District)

t~l 7 Appeal toDistrict

Litigation

Judge from
Magistrate Judge
Judgment

Appellate
Court

(_] b. Atleast one

party Uprose.

(PLACEAN XINONEBOXONLY)

D 1 U.S. PLAINTIFF

BAS|SOF JURISDICTION

Q2 U.S. DEFENDANT __ 3 FEDERAL QUESTION

IFDIVERSITY,INDICATE

Q4 DIVERSITY

CITIZENSHIP BELOW.

(U.S. NOT A PARTY)

CITIZENSHIP OF PRINCIPAL PARTIES (FOR DIVERSITY CASES ONLY)

(Place an [X] in one box for Plaintiff and one box for Defendant)
PTF

DEF

[ ]1

[ ]1

CITIZEN OF ANOTHERSTATE [ ] 2

[ ]2

CITIZEN OF THIS STATE

PTF DEF

CITIZEN OR SUBJECT OF A
FOREIGN COUNTRY

[]3[]3

INCORPORATED or PRINCIPAL PLACE

[ ]4 [ ]4

INCORPORATED and PRINCIPAL PLACE

PTF

DEF

[ ]5

[ ]5

[]6

[]6

OF BUSINESS IN ANOTHER STATE

FOREIGN NATION

OF BUSINESS IN THIS STATE

PLAINTIFF(S) ADDRESS(ES)AND COUNTY(IES)

Institutional Investor, LLC

225 Park Avenue South

New York, New York 10003

DEFENDANT(S) ADDRESS(ES)AND COUNTY(IES)

Beecher Carlson Holdings, Inc

120 West 45th Street, 30th Floor
New York, New York 10036

Timothy Viccari
120 West 45th Street, 30th Floor
New York, New York 10036

DEFENDANT(S) ADDRESS UNKNOWN

REPRESENTATION IS HEREBY MADE THAT, ATTHISTIME, I HAVE BEEN UNABLE, WITH REASONABLE DILIGENCE, TO ASCERTAIN
RESIBENCE ADDRESSES OF THE FOLLOWING DEFENDANTS:

Check one:

THIS ACTION SHOULD BE ASSIGNED TO:

WHITE PLAINS

(DO NOTj*ectre^ner box ifthis a PRISONER PETJTION/PRISONER CIVIL RIGHTS

__ MANHATTAN

CON
ADMITTED TO PRACTICE IN THIS DISTRICT

[ ] NO

M YES (DATE ADMITTED Mo.

Attorney Bar Code #

Magistrate Judge is to be designated by the Clerk of the Coi

Magistrate Judge
Ruby J. Krajick, Clerk of Court by

mjm.*m

Deputy Clerk, DATED.

UNITED STATES DISTRICT COURT (NEW YORKSOUTHERN)

J2. /V(f_)

/_ Yr.

is so Designated.

O 1

7.A-

14 CV

8809

Thomas M. Lancia PLLC

By: Thomas M. Lancia, Esq.

22 Cortlandt Street

16th Floor
New York, New York 10007
212.964.3157
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
-X

INSTITUTIONAL INVESTOR, LLC

Plaintiff,

COMPLAINT

CO

cr

---

CO

':5

-r,

-::a

Jury Trial Demanded

14 CIV.

BEECHER CARLSON HOLDINGS, INC. and

TIMOTHY VICCARI

Defendants.
-X

Plaintiff INSTITUTIONAL INVESTOR, LLC ("II" or "Plaintiff), by its attorneys,

Thomas M. Lancia PLLC, brings this civil action against Defendants BEECHER CARLSON
HOLDINGS,

INC

("Beecher")

and

TIMOTHY

VICCARI

("Viccari")

(collectively

"Defendants") and complains as follows:

PARTIES AND JURISDICTION

1.

By this Complaint, II seeks statutory damages, actual damages, compensatory

damages, treble damages, punitive and exemplary damages, injunctive relief, and their attorneys'
fees and costs pursuant to the Copyright Act, 17 U.S.C. 501 et seq., breach of contract, fraud
and deceit, and misappropriation of confidential business information and/or trade secrets.

II is a Delaware limited liability company with its principal place of business at

225 Park Avenue South, New York, New York 10003. Beecher is a Delaware Corporation with

its corporate offices in Atlanta, Georgia and an office at 120 West 45th Street, 30th Floor, New
York, New York 10036. Viccari was at all pertinent times an employee of Beecher.
3.

Pursuant to 28 U.S.C. 1331 and 1338(a), the Court has subject matter

jurisdiction over the Plaintiffs claims for copyright infringement, brought under the Copyright
Act, 28 U.S.C. 501 et seq.; The Court has supplemental jurisdiction over the Plaintiffs

remaining claims pursuant to 28 U.S.C. 1338(b) and 1367.

4.

In its license agreement with Plaintiff, Defendants consented to the exercise of

personal jurisdiction by this Court.

5.

Additionally, upon information and belief, this Court has personal jurisdiction

over Defendants because it (a) purposefully directs activities towards the state of New York,

including financial trading; (b) regularly conducts and solicits business in the state of New York;

(c) derives substantial revenues from goods and/or services provided to customers in the state of
New York; and/or (d) regularly and purposefully accessed Plaintiffs servers located in New
York.

6.

Venue is proper in this Court pursuant to, inter alia, 28 U.S.C. 1400(a).

FACTUAL BACKGROUND

7.

Euromoney Institutional Investor PLC ("Euromoney") is one of Europe's largest

business and financial magazine publishers, delivering business information to various sectors,

including finance, law, and energy, for over thirty-five years. Euromoney publishes print and
online magazines, journals, and newsletters among other things.

II is the United States

subsidiary of Euromoney.

II owns copyrights in both of its print and online editions of

publications, journals, ebooks and the like.

Publications are registered with the Untied States

Copyright Office and regularly updated.

Among those online publications is a series of

sophisticated, timely, unique and highly coveted niche market e-magazines provided under the
rubric "II Intelligence." Though anyone can purchase them, these e-magazines are not usually

marketed to the general public but rather are frequently purchased by fund managers, compliance
officers and other business executives. Within II Intelligence, there are several niche market

online publications, such as Money Management Intelligence, Foundations and Endowments,

Compliance Intelligence, Real Estate Intelligence, Fund Industry Intelligence and so on. In each

of these areas, II delivers clearly organized and customized content, including news, data and
features, quickly but carefully developed at substantial cost to II, addressing the subscribers'

need for timely and pertinent information to stay abreast of the market. Subscribers, including
some of the most prominent governmental and financial institutions in the United States,

recognize the considerable benefit reaped from these online publications and are generally
content to pay a commensurate fee for it.

8.

Within Institutional Investor Intelligence lies Power Intelligence, an exclusive

daily information service focused on the power industry, providing updated news, features,

analysis and data, including project finance in generation, transmission and midstream gas assets.
Power Intelligence is provided through a password-protected internet website available only to
subscribers ("Website"). Subscribers pay for single or multiple user licenses for a fee to access
the content contained on the website.

9.

The first time the Website is accessed by a new subscriber, he or she must

affirmatively indicate agreement with the terms and conditions of the Website before he or she is
permitted to view the exclusive and unique content. Among those terms and conditions are
provisions pertaining to use.

Section 3.2 of the Terms and Conditions expressly states that

"[y]ou agree to use the Sites and the Content solely for your own personal use and benefit and

not for resale or other transfer or disposition to any other person or entity." Further, Section 6.4
of the Terms and Conditions states that:

"Except to the extent a user name and password is intended for more than one licensed

user as agreed by us in writing, the following are not permitted:

a) any Registered User, Subscriber or licensed user under any

subscription sharing their user name and password;
(b) access through a single name and password being made
available to multiple users on a network..."
Finally, Section 3.5 cautions: "If it is brought to our attention that you have sold, published,
distributed, retransmitted or otherwise provided access to any article(s) from the Content to
anyone without our express prior written permission, we will invoice you for copyright abuse

damages of US$1500 per article unless you can show that you have not infringed any copyright,
which will be payable immediately on receipt of the invoice."

10.

Despite the terms of this license, the Website was used to support the Beecher's

operations well in excess of the use authorized by Plaintiff. Indeed, the Plaintiffs internet

website logs for Beecher indicate a frequent, repetitive and nearly simultaneous access far in
excess of a typical single user, including numerous occasions when multiple users accessed the
exact same Website materials at nearly the same time.

11.

Plaintiff offers subscriptions to the Website in electronic format, allowing

subscribers to browse and search the Website and its content easily and efficiently. The format
is updated frequently and new materials are added on a daily basis.

Emails are sent daily

informing the user of the content and the user can save articles or other data in files maintained

and controlled by the Plaintiff for easy access at a later date. Each week, all of the articles
posted to the Website during that week are made available to subscribers in one place, as an
electronic newsletter, comprised of up to twenty eight (28) pages of articles. Subscribers are
able to email articles to other individuals. Print copies are also sent to all subscribers.

12.

Every subscriber has a confidential password and identification number unique to

his or her account. The password must be entered manually into the subscriber's individual
computer terminal, laptop, or mobile device, which then triggers a technological process
providing access to the Plaintiffs server by the server accessed by that individual computer
terminal, laptop, or mobile device. The servers in turn usually "talk" at least in part via satellite.

13.

The Website constitutes original material authored, licensed or purchased by II.

Plaintiff has complied with the copyright laws and is the exclusive owner of the copyrights
therein, including all rights infringed by Defendants.

14.

The Register of Copyrights has issued Certificates of Registration for the Website

and related updates.

15.

II regularly monitors the Website using Back Office Administration Tool

("BOAT") tracking software. BOAT tracks every action taken by an individual user's account,

including Website logons and article and page views. This information is contained in an Excel

spreadsheet containing confidential business information and as such cannot be attached to this

Complaint on the date of filing. When unauthorized access is suspected, II employees must sift
through the information and compile it into a format that is readily and easily understood, taking
up employee time at great company expense.

16.

On April 1, 2014, when beginning his subscription to the Website, Viccari agreed

affirmatively to the Terms and Conditions for accessing the Website by clicking on the button
indicating as such. At all pertinent times, Viccari was acting within the scope of his employment
with Beecher. He paid for a single, one year user license.

17.

Despite the agreement by Beecher and Viccari to abide by the Terms and

Conditions, Website logs confirmed that multiple users accessed the Website and exceeded the
number of users permitted for the fee paid.
without authorization from the Plaintiff.

These unauthorized users accessed the Website

Plaintiffs account executive for Viccari issued a

verbal warning on June 1, 2014 and that warning went unheeded.

18.

A smattering of the numerous abuses of the Website and its invaluable content by

Beecher tells the tale of numerous unauthorized users. Infringing conduct occurred in the form

of multiple and nearly simultaneous Website article views in excess of the typical use of a single
user.

For example, on June 3, 2014, Viccari's account information was used to visit the News

channel two distinct times at 21:08, and view "DTE Moves To Buy NextEra Wind Farm" at
21:08, and then "Arclight Tees Up Bayonne Purchase, Refi," "DOE Staffer Joins Texas Shop"
and "PPA Pulse: Wind, Solar Bring Home Contracts" all at 21:09. Each one of the articles

viewed on that date was printed at 21:09. On June 4, 2014, "DTE Moves To Buy NextEra Wind
Farm" was viewed again, as were "Bay Area Shop Preps For 1st Rated PACE-Backed

Securitization" and "Germany EPC Unit Snags Maiden Wind Tax Equity" all at 21:49.
Similarly, on June 16, 2014, Viccari's username and password was used to visit the News
channel three times, twice at 20:53 and another time at 21:05. Three articles were viewed and

then printed in the same minute, at 21:05 - "Exelon Hawks CCGT Pair Separately," "Developer
Ropes NADB As Lender To Texas Solar," and "Plastina Joins New AIG-Backed Outfit." On
July 7, 2014, at 16:24 the Login New and News channels were both visited; "SoCalEd Sizes Up
Small-Scale Renewable PPA Prospects" and "The Buzz: Cape Wind Checks Another Box" were

viewed at 16:56; at 21:23 "Rockland Hawks Eagle Point" and "Macquarie Unit Buys N.M. Wind
Farm" were both viewed and printed; at 21:24 "SoCalEd Sizes Up Small-Scale Renewable PPA

Prospects" and "PPA Pulse: Solar Developmers Rake In Offtake Contracts" were printed and
viewed and "The Buzz: Cape Wind Checks Another Box" was also viewed. There are many

more instances of multiple views at nearly the same time from the same server.
19.

The activity described above continued through June 2014. For example, on June

5,2014, Viccari's account was used to log on to the Website, visit both the Login New and News
channels, view "ArcLight Lauches Bayonne Refi," "DTE Launches Gas-Fired RFP." "NRG
Yield Ropes Alta Wind," and BayWa's U.S. Unit Snags Maiden Wind Tax Equity," and print

each of those articles, all during a single minute at 21:12; "BayWa's U.S. Unit Snags Maiden
Wind Tax Equity" was viewed again at 21:22. The next day, June 6, 2014, at 20:51, the account
visited the News channel, viewed "Fore! Driving Range Trades In For Solar" and printed
"Broker Offers PTC Insurance To Sidestep Qualification Concerns." Finally, on June 9, 2014,

Beecher employees using Viccari's account logged on to the Website at 14:45 and visited the
Login New and News Channels before viewing "Fore! Driving Range Trades In For Solar" in
the same minute. Then, at 21:57 that day, the articles "Details Surface On EIF's Neward Gas-

Fired Deal" and "Oaktree To Buy Highstar" were both viewed and printed, while "11th Annual
Deals & Firms Of The Year Awards" was viewed at 21:57 and again at 21:59. The pattern of
behavior was even more obvious on June 20, 2014, when in just two minutes, 20:55 and 20:56,
the Login New and News channels were visited, and "Details Emerge On SunEdison's Silver
Ridge Deal," "Goldman Chases Infigen Tax Equity Stakes," "TSX-Listed Recycled Energy Shop

Hunts Buyer," "Tenaska Inks $450M Solar Financing," and "ArcLight Wraps Bayonne TLC,
Cinches Pricing" were all viewed and printed. "APS Issues RFP To Buy Solar Pair" was printed
at 21:43 on June 25, 2014 and "SunEdison Buys Solar Portfolio From Boston Developer" and
"Northwestern Kicks Off Montana Renewable RFP" were both printed at 21:44 that day.
Viccari's account on July 14, 2014 was very active - at 21:13, the Login New and News

channels were visited, "Hudson Clean Energy Inks Loan With Resi Solar Shop" was viewed
twice and then printed, and "AES Nixes Ohio Gen Sale" was viewed and printed; Login New

was visited again at 21:15 and "Calpine Steps Into Unsecured Debt With $2.8B Issuance" was
both viewed and printed; at 21:16 the Login New and News channels were both visited; and at
21:17 "Hudson Clean Energy Inks Loan With Resi Solar Shop" was again viewed and printed.
20.

Most obvious, however, is the blatant printing of nearly every single article

published on IPs Website in between April 1, 2014 and August 1, 2014.

period, articles were printed approximately 185 times.

During that time

In addition to the printing described

above, on July 21, 2014 alone, eight (8) articles were printed in a span of seven minutes - "ExRanger Goalie Debuts Distributed Gen Fund" at 20:17 and "IRS, Treasury Aim For Guidance,"

"CAISO Preps Transmission RFP." Ex-Ranger Goalie Debuts Distributed Gen Fund," "Samsung
Stalks $500M Solar Deal," "Solar Shops Find Synergy With Sheep," "Q2 League Tables:
MUFG Reclaims Top Slot, Volume Tanks," and "Hancock Goes For More Solar DG" were all

printed at 21:24. On June 10, 2014, "LS Blueprints Bank Deals To Finance Calpine Acquisition"
and "PPL, Riverstone To Merge Unregulated Fleets" were both printed at 21:51; "Funds Pair On
Nautilus Ontario Portfolio" and "BlackRock Hires Balchandani As U.S. Infra Team Grows"

were printed at 20:42 on June 12,2014; on June 17, 2014 "Industry Current: Micro-Grids As An
Economic, Resilient Infrastructure" and "ArcLight Nears Bayonne Commitments" were both

printed at 20:52 and at 20:53, "Community Solar Shop Launches Portfolio Equity Sale" and
"Exelon Hawks CCGT Pair Separately" were likewise printed.
21.

Six (6) different articles were printed at 22:08 on June 24, 2014 - "EIF Ink

$590M For Newark," "SunEd Pitches Yieldco B Loan," "Dominion Adds EDF Solar Project To
Growing Portfolio," "Cleco Hires Advisory Pair To Parse Inbound Interest," "One If By Sale:
ECP Shoots For IPP Exit," and "Creditors Put AES Eastern Remnants On Mart." On June 26,

2014 both "REFF Wall Street: Developers Look To Squeeze Project Costs" and "REFF Wall

Street: Sparse Capital Dogs Middle Market" were printed at 21:55.

The next day at 21:55,

"Exelon Takes Quail Run Bids," "Atlantic Power Process Shaped By Uncertainty" and "Yieldco
Hype Masks Uncharted Future" were all printed.

July saw the same type of unauthorized

printing by Beecher employees using Viccari's account. On July 1, 2014, "Cape Wine Snags
Conditional Loan Guarantee," "SunEdison Tightens TerraForm Pricing," and "Babson Lands
UBS Banker" were all printed at 21:53; on July 11, 2014 "Calpine Steps Into Unsecured Debt

With $2.8B Issuance" and "U.S. Preps 1.45 GW Offshore Wind Lease Auction" were printed at
20:37, at 20:38 "Q&A: Arno Harris, Recurrent Energy," "Cogan Snags Power, Utility Remit For

Centerview," and BayWa Wind Unit Hunts Development Acquisitions" were all printed, at
20:39 "BlueMountain-Backed Shop Tags Renewable Bigwings was printed" and "GE EFS

Invests In Texas Panhandle Wind Pair" and "Palo Alto Launches RFP For Community Solar

Program" were both printed at 20:40.

22.

The following articles were also printed, among others: "Terra-Gen To Buy Small

Wind Pair From Hinckley" and "LS Preps To Syndicate Acquisition Financing Deals" at 20:40
on July 6, 2014; "Conergy Nabs Funds To Expand Solar Pipeline," "Optima's Coal-Fired Plant
Set For Court-Run Sale" and "SunEdison Raises Yieldco List Price" at 21:40 on July 7, 2014;

both "Solarcity Tees Up Third Securitization" and "Starwood Nets Stakes In Texas CCGT Pair"
at 21:25 on July 22,2014; on July 24,2014 "NTE Ropes Heavyweights For Gas-Fired Equity" at
22:14 and "EIC Dig Into Renewable Projects For First Deal" and "EDF Buys 111. Wind Farm"
both at 22:15; at 20:50 on July 25,2014 both "Gas-Fired Blitz Shapes Near-Term PF Landscape"
and "The Buzz: Mexican Reform Rolls On;" "ECP Evaluates Initial EquiPower Bids" and

"Entegra, Creditors Pitch Pre-Pack" both at 21:49 on July 28, 2014. On July 30, 2014 at 14:48

"NextEra Stalks Gas Pipeline, Utility Growth," "SunPower Lands 2d Financing From Harmon,"
and "Entegra, Creditors Pitch Pre-Pack [Update]" were all printed; "Direct Energy Makes Resi
Solar Play," "ECP Nabs Waste-To-Energy Co. From Waste management," and "NRG Yield
Tees Up Bonds To Finance Alta Deal" were printed on July 31,2014 at 15:38; finally, on August
1, 2014 at 14:52 the articles "Army Issues RFP For Ala. Solar," "Duke Utility Sub To Buy

Generation Stakes For $1.2B;" and "Dominion Chases MLP Listing" were printed.
23.

Viccari's account was also used to access and download several newsletters even

after printing nearly every single article contained on the Website. The newsletter dated April
14, 2014 was downloaded on that date at 18:49 (6:49 p.m.) while the April 21, 2014 newsletter
was downloaded on April 22, 2014 at 20:04.

Other downloaded newsletters include two

downloads of the July 7,2014 newsletter, first on July 7, 2014 at 16:57 and again the next day at

10

22:15; the July 14, 2014 newsletter was downloaded on that date at 17:22; on July 21, 2014 at
21:47, the July 21, 2014 was downloaded; and the July 28, 2014 newsletter was downloaded at
18:56 on that day.

24.

Before a newsletter or any other pdf is printed or downloaded from the Website,

the following notice appears as a pop up on the computer screen:

"This pdf version of Derivatives Intelligence is available to paid subscribers
only. You User ID and password are personal to you and sharing of personal
User ID and password constitutes a violation of the terms of your
subscription . . . Copying of this publication is in violation of the Federal
Copyright law (17 U.S.C. 101 et seq.). Violators shall be subject to criminal
penalties as well as liability for substantial money damages, including
damages up to $100,000 per infringement, costs and attorneys' fees..."

25.

Although this pop up appeared each time an article was printed or downloaded

from the Website by Beecher employees using Viccari's subscription, this did not stop the

unauthorized users from regularly printing articles.

26.

The type of printing done by Beecher's employees is indicative of numerous

unauthorized users. It also tends to show that unauthorized reproduction and distribution of the

copyrighted materials was rampant and widespread at Beecher.

AS AND FOR A FIRST CAUSE OF ACTION FOR DIRECT COPYRIGHT

INFRINGEMENT

27.

Plaintiff repeats and realleges the allegations contained in paragraphs 1 through

26 of this Complaint with the same force and effect as if set forth fully herein.

28.

Notwithstanding the provision of the Copyright Act that the display, distribution

and reproduction of copyrighted works may lawfully be made only by the copyright owner or
with its authorization, Defendants have willfully and without Plaintiffs permission infringed
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Plaintiffs copyrights by engaging in the systematic, regular and repeated unauthorized access to
the Website's various pages and the copyrighted articles contained therein.

29.

Plaintiff has been irreparably harmed by Defendants' unauthorized reproduction

of their copyrighted works.

30.

In light of the foregoing, Plaintiff is entitled to the remedies provided for in 17

U.S.C. 502 etseq.

AS AND FOR A SECOND CAUSE OF ACTION FOR CONTRIBUTORY

COPYRIGHT INFRINGEMENT

31.

Plaintiff repeats and realleges the allegations contained in paragraphs 1 through

30 of this Complaint with the same force and effect as if set forth fully herein.

32.

Individuals using Viccari's personal user identification and password have

directly infringed the Plaintiffs copyrights on a daily basis by, for example, accessing the
copyrighted Website material without authorization and creating unauthorized reproductions by
printing copyrighted articles in violation of Plaintiffs exclusive rights under 17 U.S.C. 106,
501.

33.

Defendants are liable as contributory infringers for the copyright infringement

committed via the use of Viccari's subscription information.

By sharing this confidential

information, Defendants have caused, enabled, facilitated, and materially contributed to that
infringement.

34.

Defendants have actual knowledge of infringement. Viccari, after purchasing a

single subscription to the Website in her capacity as a Beecher employee, shared his confidential
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information with other Beecher employees unauthorized to receive this information. Viccari also
printed articles for distribution to other Beecher employees.

35.

Through the conduct described above, Defendants are contributorily liable for the

infringement described herein.

36.

Defendants' infringement was willful, intentional, purposeful, and in disregard of

the rights of the Plaintiff, and has caused substantial damages to Plaintiff.

37.

Plaintiff is therefore entitled to statutory damages and other remedies provided for

in 17U.S.C. 502etseq.

AS AND FOR A THIRD CAUSE OF ACTION FOR VICARIOUS COPYRIGHT

INFRINGEMENT

38.

Plaintiff repeats and realleges the allegations contained in paragraphs 1 through

37 of this Complaint with the same force and effect as if set forth fully herein.

39.

Unauthorized Beecher employees using the Website have directly infringed on

Plaintiffs copyright on a regular basis by the above-described conduct in violation of Plaintiff s

exclusive rights under the Copyright Act.

40.

Defendants are liable as vicarious infringers for the copyright infringement

committed by the unauthorized use of Viccari's confidential subscription information. At all

times relevant to his action, Defendants (i) have had the right and ability to control and/or
supervise the infringing conduct in sharing the Website logon information, and (ii) have had a

direct financial interest in, and derived substantial financial benefit from, the infringement of
Plaintiffs copyrighted articles and other Website materials.
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41.

Defendants derived direct benefit from the infringement by gaining access to

information and data that they would otherwise not have had access to. Defendants also avoided

the business costs associated with purchasing the correct number of subscriptions for employees
needing access to the Website and its content.

42.

Through the conduct described above, Defendants are vicariously liable for the

infringement of Plaintiff s rights.

43.

Plaintiff is therefore entitled to statutory damages and other remedies provided for

in 17U.S.C. 502 etseq.

AS AND FOR A FOURTH CAUSE OF ACTION FOR BREACH OF CONTRACT

44.

Plaintiff repeats and realleges the allegations contained in paragraphs 1 through

43 of this Complaint with the same force and effect as if set forth fully herein.

45.

Plaintiff and Defendants entered into a valid and enforceable agreement, under

which Plaintiff provided single-user Internet access to the Website and a limited license for

access by a single Beecher user. Plaintiff further provided a confidential password to Defendants
and Defendants agreed that access would be limited to one user and not to permit any other

person or entity to use the password to access the site or to use the password to access the site for
anyone else.

46.

Defendants breached its agreement with Plaintiff by providing the password to

multiple persons and permitting those persons to use the password to access the Website for
purposes substantially in excess of its license.
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47.

Section 3.5 of the Terms and Conditions for accessing the Website clearly states

that unauthorized distribution, display, reproduction or other access results in damages of $1,500
for each infringing article.

Defendants may have infringed scores of articles resulting in

damages in excess of $100,000.

AS AND FOR A FIFTH CAUSE OF ACTION FOR

MISAPPROPRIATION OF TRADE SECRETS

48.

Plaintiff repeats and realleges the allegations contained in paragraphs 1 through

47 of this Complaint with the same force and effect as if set forth fully herein.

49.

Plaintiff licensed a confidential password to Defendants for use only by a single

user, and that password was an item of independent economic value used in Plaintiffs
businesses to obtain an advantage over those who did know or use it.

50.

The confidential password's value is derived from not being generally known to,

and not being readily ascertainable by, other persons who can obtain economic value from
disclosure or use of the password.

51.

Without authorization from Plaintiff, Defendants misappropriated the password

and used the password for the benefit of others not permitted to use the password.

52.

Defendants' misappropriation of Plaintiffs confidential password was willful and

malicious and caused irreparable damage to Plaintiff.

WHEREFORE, II demands judgment in its favor and against Defendants, as follows:

(1) that Defendants and its employees and agents be permanently enjoined from, directly
or indirectly, infringing in any manner any of Plaintiffs copyrighted material and from
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disclosing confidential passwords to unauthorized persons and entities, and from inducing,
aiding, causing or materially contributing to such infringement, including the provision of
confidential passwords to unauthorized users, and from violating the Copyright Act, 17 U.S.C.
501 etseq.;

(2) that Defendants be required to pay Plaintiff statutory damages for every instance in
which Plaintiffs copyright was infringed;
(3) that Defendants be required to pay Plaintiff their actual damages incurred as the result
of Defendants' infringement of Plaintiff s copyrights;
(4) that Defendants be required to pay damages (such damages to include lost profits or
Defendants' profits where appropriate), including without limitation treble damages, punitive
damages, and exemplary damages, for misappropriation of trade secrets;
(5) that Defendants be required to pay Plaintiff its direct and consequential damages
incurred as the result of Defendants' breach of its agreement with Plaintiff;

(6) that Defendants be required to pay liquidated damages in the amount of $1,500 per
infringement under the license agreement, in an amount to be determined at trial but believed to
be in excess of $100,000;

(7) that Defendants be required to pay Plaintiff its attorneys' fees and other costs of this
action; and

(8) for such other and further relief as the Court may deem just and proper.
Dated: New York, New York
November 5,2014

THOMAS M. LANCIA PLLC

Attorney for Plaintiff INSTITUTIONAL

t,LLO-7jv^

C---

Thomas M. Lancia, Esq\

22 Cortlandt Street

16th Floor
New York, New York 10007
212.964.3157

tlancia@lancialaw.com

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