Case 3:16-cv-00253-MO

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Filed 02/10/16

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CROWELL LAW
Carl D. Crowell, OSB No. 982049
email: carl@crowell-law.com
Drew P. Taylor, OSB 135974
email: drew@crowell-law.com
P.O. Box 923
Salem, OR 97308
(503) 581-1240
Of attorneys for plaintiff

UNITED STATES DISTRICT COURT

DISTRICT OF OREGON
PORTLAND DIVISION
STAINED GLASS LLAMA, CORP.,

Case No.: 3:16-cv-00253

Plaintiff,
COMPLAINT FOR VIOLATION OF
17 U.S.C. 512(f)
(Fraudulent DMCA Notice)

v.
ROBERT WILLIAM BONNER,

DEMAND FOR JURY TRIAL

Defendant.
COMPLAINT
Plaintiff Stained Glass Llama, Corp. (SGL) alleges:
BACKGROUND
1.

SGL is a small company that develops online (Internet) content, principally known for its

popular game Divergence: Online. ( http://www.divergence-online.com )

2.

Divergence: Online is a Massively Multiplayer Online Game (MMOG).

3.

Divergence: Online is an open-world sandbox style game designed to provide unmatched

crafting, player and guild housing, and player freedom on an expansive scale.

COMPLAINT

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Games such as Divergence: Online have a primary marketplace of the game web site

Steam, (www.steampowered.com) (Steam) which is a dominate market force for such games
and provides the primary commercial venue for such games. See:
http://store.steampowered.com/app/422940/
5.

In the creation of such a game, the open-world design incorporates a near limitless

number of elements from clothing items, tools, weapons, building components, landscape
components and nearly every aspect of the online world created for the users to experience,
manipulate, combine and enjoy.
6.

SGL is often approached unsolicited by artists and designers who wish to contribute

elements they have designed for incorporation into the online game world.
7.

This case relates to a designer who, when SGL refused to purchase their designs and

services, retaliated with a fraudulent notice of infringement under the Digital Millennium
Copyright Act 17 U.S.C. 512, et seq., (DMCA).
8.

The defendant in this case, when rejected by SGL, issued a fraudulent DMCA Takedown

Notice (Takedown Notice) to Steam claiming SGL was infringing his copyrights, resulting in
Steam closing down SGLs access to SGLs primary marketplace.
9.

This action is for a violation of 17 U.S.C. 512(f), which provides for a cause of action

against one who knowingly materially misrepresents that material or activity is infringing.

THE PARTIES
10.

Plaintiff Stained Glass Llama, Corp. (SGL) is a Delaware Corporation with principal

offices in the State of Oregon.

11.

SGL is owned by Ethan Casner, who is a developer of the game Divergence: Online.

COMPLAINT

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On information and belief, defendant Robert William Bonner is a U.S. Citizen, currently

residing in Denmark.

RIGHTS OF PLAINTIFF
13.

Plaintiff SGL is the sole author and owner of all rights in the game Divergence: Online.

JURISDICTION AND VENUE

14.

This is action is pursuant to the Copyright Act, 17 U.S.C. 101 et seq..

15.

This Court has subject matter jurisdiction pursuant to 28 U.S.C. 1331 and 1338(a).

16.

Defendant is subject to personal jurisdiction in the District of Oregon consistent with the

principles of due process and the Oregon Long Arm Statute, because defendant purposefully
targeted his wrongful conduct at SGL knowing SGL was in Oregon with intent to cause SGL
harm in Oregon.
17.

Defendant has further targeted other conduct and communication to SGL in Oregon and

has solicited SGL for business in Oregon, desiring to avail himself of doing business in Oregon
with its residents.
18.

Venue in this district is proper under 28 U.S.C. 1391.

GENERAL ALLEGATIONS
19.

After nearly nine years of development, and hundreds of thousands of dollars of invested

time and capital, Divergence: Online was launched in January of 2016.

20.

Divergence: Online promptly became very popular earning tens of thousands of dollars in

sales in just a few days.

COMPLAINT

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With its launch, Divergence: Online was a part of a prominent advertising campaign

featured on the Steam marketing web site.

22.

On or about January 19, 2016, defendant approached SGL though Ethan Casner,

initiating contact with SGL in Oregon.

23.

Initially the defendant presented as being from Denver, Colorado.

24.

The defendant then offered several design elements to SGL for purchase, namely images

of weapons which the defendant wanted incorporated in the game.

25.

The defendant also offered design services to SGL.

26.

The parties discussed options and the defendant offered to work on spec namely only to

be paid based on value and sales proven in the marketplace after the deigns were incorporated
into the game Divergence: Online.
27.

After several days, on or about January 27, 2016, defendant submitted a proposed design

that was not usable. The parties concluded discussions and did not reach an agreement on the
purchase or sale of any of defendants designs or services.
28.

Defendant then immediately submitted a Takedown Notice to Steam on or about January

27, falsely claiming Divergence: Online infringed his copyrights and resulting in Divergence:
Online being removed from the Steam marketplace.
29.

For every day Divergence: Online was removed from the Steam marketplace SGL lost

potentially thousands of dollars in sales.

30.

The wrongful Takedown Notice, timed just after game launch and in association with

SGLs advertising campaign, resulted significant economic losses and notable loss in goodwill.
///

COMPLAINT

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FIRST CAUSE OF ACTION

(False DMCA Notice - 17 U.S.C. 512(f))
31.

Plaintiff incorporates herein the above allegations.

32.

The Takedown Notice represented that SGL infringed copyrights owned by defendant.

33.

SGL does not infringe any copyright owned by Defendant.

34.

The Takedown Notice contained material misrepresentations.

35.

Defendant knew at the time he sent the Takedown Notice that claims of the Takedown

Notice were false.

36.

Defendant did not conduct any review or consideration of SGLs content prior to issuing

the Takedown Notice.

37.

Defendant issued the Takedown Notice with the sole intent of causing SGL economic

harm knowing that in response Steam would remove, or disable access to Divergence: Online
and thereby deprive SGL of revenue.
38.

The misrepresentations contained in the Takedown Notice were material to Steams

decision to remove, or disable access to Divergence: Online.

39.

Steams reliance on the misrepresentations contained in the Takedown Notice as such

were made under penalty of perjury.

40.

Plaintiff suffered damages as the result of Steams relying on the Takedown Notice in

lost sales and goodwill.

PRAYER FOR RELIEF

WHEREFORE, SGL prays for relief as follows:
A. For damages according to proof;
COMPLAINT

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B. For costs and attorneys fees pursuant to 17 U.S.C. 512(f); and

C. For such further relief as the Court deems just and proper.

DEMAND FOR JURY TRIAL

Pursuant to Rule 38 of the Federal Rules of Civil Procedure, plaintiff hereby demands a
jury trial.
DATED: February 10, 2016.

Respectfully submitted,
CROWELL LAW
/s/ Carl D. Crowell
Carl D. Crowell, OSB No. 982049
carl@crowell-law.com
Drew P. Taylor, OSB No. 135974
drew@crowell-law.com
P.O. Box 923
Salem, OR 97308
(503) 581-1240
Of attorneys for the plaintiff

COMPLAINT

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