Ticketmaster LLC v. RMG Technologies Inc et al
Plaintiff Ticketmaster LLC alleges that Defendant RMG Technologies Inc. has developed and marketed automated devices (i.e. Ticket Broker Acquisition Tool) to access and navigate through Ticketmaster's website, thereby infringing Ticketmaster's copyrights and violating the website's Terms of Use and a number of federal and state statutes. Plaintiff contends that Defendant's applications circumvent Plaintiff's access control and copy protection systems, including CAPTCHA, inundate Plaintiff's computers with thousands of automated requests thereby preventing ordinary customers from accessing the website, and enable Defendant's clients to purchase large quantities of tickets.
Additional Resources
- Ticketmaster Wins Big Injunction in Hannah Montana Case, But Did the Public Interest Get Screwed?--Ticketmaster v. RMG. From Professor Eric Goldman's Technology & Marketing Law Blog. October 21, 2007.
| Ticketmaster LLC |
| RMG Technologies Inc and Does |
| IAC/Interactive Corp, ROES and Ticketmaster LLC |
| RMG Technologies Inc |
| 2:2007cv02534 |
| April 17, 2007 |
| US District Court for the Central District of California |
| Western Division - Los Angeles Office |
| Los Angeles |
| Jacqueline Chooljian |
| Audrey B. Collins |
| Racketeer/Corrupt Organization |
| 18 U.S.C. ยง 1964 Racketeering (RICO) Act |
| Both |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
124
APPLICATION for Default Judgment against Defendant RMG Technologies, Inc. ; Memorandum of Points and Authorities, Declarations of Donald R. Brown and Kevin McLain filed by Plaintiff IAC/Interactive Corp, Ticketmaster LLC. (Attachments: # 1 [Proposed] Default Judgment and Permanent Injunction, # 2 Proof of Service)(Lee, Mark)
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Filing
122
MINUTES OF IN CHAMBERS ORDER held before Judge Audrey B. Collins re Plaintiff's Motion for Default Judgment 120 : Concurrent with this minute order, the Court is issuing and order granting Plaintiffs Motion for Default Judgment. However, no proposed Judgment was filed with the Motion. The Court therefore ORDERS Plaintiff to file immediately, but no later than June 9, 2008, a proposed Judgment. (ps)
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Filing
121
ORDER by Judge Audrey B. Collins, Granting MOTION to Strike RMG Technologies, Inc's Answer ; Enter Default Against RMG, and Dismiss RMG's Second Amended Counterclaims; Memorandum of Points and Authorities and Declaration of Mark S. Lee in Support Thereof 120 (es)
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Filing
119
MINUTES OF IN CHAMBERS ORDER held before Judge Audrey B. Collins re: APPLICATION to Stay Case pending Defendants Engage Counsel or a Default is Entered -- Ticketmaster L.L.C. and IAC/Interactivecorp's Ex Parte Application to Stay All Motion, Discovery, and Pretrial Deadlines Until Defendants Engage Counsel, etc. 117 : The Court GRANTS the application and hereby STAYS all motion, discovery, and pretrial deadlines until defendant engages new counsel or a default is entered. The stay is entered without prejudice to plaintiffs' right to seek entry of default against defendant. (ps)
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Filing
118
NOTICE OF PROOF OF SERVICE filed by Plaintiff and Counter-Defendant IAC/Interactive Corp, Ticketmaster LLC, of Ticketmaster L.L.C. and IAC/Interactivecorp's Ex Parte Application to Stay All Motion, Discovery, and Pretrial Deadlines Until Defendants Engage Counsel or a Default is Entered; Declaration of Mark S. Lee in Support Thereof served on April 22, 2008. (Lee, Mark)
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117
APPLICATION to Stay Case pending Defendants Engage Counsel or a Default is Entered -- Ticketmaster L.L.C. and IAC/Interactivecorp's Ex Parte Application to Stay All Motion, Discovery, and Pretrial Deadlines Until Defendants Engage Counsel or a Default Is Entered; Declaration Of Mark S. Lee in Support Thereof filed by Plaintiff and Counter-Defendant IAC/Interactive Corp, Ticketmaster LLC. (Lee, Mark)
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Filing
116
MINUTES (IN CHAMBERS) ORDER VACATING MOTIONS HEARING DATE AND TAKING MOTIONS UNDER SUBMISSION by Judge Jacqueline Chooljian: Because defendant, a corporation which is not permitted to proceed pro se, currently has no counsel of record, and pursuant to Fed. R. Civ. P. 78 and Local Rule 7-15, the court finds the pending motions appropriate for decision without oral argument. The hearing calendared for April 22, 2008 is hereby vacated and the pending motions taken off calendar. (See document for further details.) (pcl)
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115
NOTICE of Intention to Move for Entry of Default if RMG Technologies, Inc. Does Not Obtain New Counsel filed by Plaintiff Ticketmaster LLC. (Lee, Mark)
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Filing
113
RMG Technologies, Inc.'s SECOND AMENDED COUNTERCLAIM against counter-defendants IAC/Interactive Corp, Ticketmaster LLC amending Amended Counterclaim 78 ; Jury Demand,filed by counter-claimant RMG Technologies Inc (Tarlow, David)
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114
MINUTES OF IN CHAMBERS ORDER held before Judge Audrey B. Collins GRANTING MOTION of Coggan & Tarlow to Withdraw as Attorney for RMG Technologies, Inc. 103 . (rrey)
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106
STATEMENT Non-Opposition To Coggan & Tarlow's Motion to Withdraw filed by Plaintiff Ticketmaster LLC re: MOTION of Coggan & Tarlow to Withdraw as Attorney for RMG Technologies, Inc. 103 . (Lee, Mark)
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Filing
103
NOTICE OF MOTION AND MOTION of Coggan & Tarlow to Withdraw as Attorney for RMG Technologies, Inc. filed by defendant-cross-complainant RMG Technologies Inc.Motion set for hearing on 4/21/2008 at 10:00 AM before Judge Audrey B. Collins. (Tarlow, David)
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Filing
101
MINUTES (IN CHAMBERS): ORDER held before Judge Jacqueline Chooljian Resetting Hearing Time on Plaintiff's Discovery Motions. The Court hereby reschedules plaintiff's Notice of Motion and Motion to Compel Production of Documents 93 , and Notice of Motion and Motion for Protective Order 95 to April 22, 2008 at 1:30 p.m. before United States Magistrate Judge Jacqueline Chooljian in Courtroom 20. (nhac)
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Filing
102
RECORD ON APPEAL sent to Circuit Court re: Appeal number, 07-56666 Record consists of 5 volumes re Notice of Appeal to 9th Circuit Court of Appeals, 68 (car)
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Filing
99
Amendment to MOTION to Compel Production of Documents 93 Amended Notice of Motion to Compel Production of Documents filed by Plaintiff Ticketmaster LLC. (Lee, Mark)
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Filing
92
NOTICE of New Ninth Circuit Authority re: Pending Motion to Dismiss filed by Plaintiff and Counterclaim-Defendant IAC/Interactive Corp, Ticketmaster LLC. (Lee, Mark)
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90
IN CHAMBERS MINUTES OF Judge Audrey B. Collins FINDING Plaintiff's motion to dismiss counterclaims appropriate for determination without oral argument. The Court VACATES the hearing date set for March 10, 2008 and takes the motion UNDER SUBMISSION. Court Reporter: not reported. (da)
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Filing
89
MINUTES Re Submission of Courtesy Copies; Motion to Dismiss Counterclaims(In Chambers) held before Judge Audrey B. Collins: Currently pending before the Court is Plaintiff/Counterdefendants Motion to Dismiss Counterclaims, filed December 21, 2007. Defendants/Counterclaimants filed their opposition to themotion on January 28, 2008. Plaintiff/Counterdefendants reply was due February 11, 2008. The Court is aware that the reply was timely filed; however, to date, courtesy copies of the reply have not been received in chambers. Accordingly, Plaintiff/Counterdefendants are hereby ORDERED to submit courtesy copies of their reply in this matter TO CHAMBERS by noon on Thursday, February 21, 2008. Further, the hearing on this matter is CONTINUED from Monday, February 25, 2008 to Monday, March 10, 2008, at 10:00 a.m. The Court reminds the parties that, pursuant to Federal Rule of Civil Procedure 5(d)(3), Local Rule 5-4, and General Order 08-02 (G.O. 08-02 ), (SEE ATTACHED DOCUMENT FOR FURTHER DETAILS) (es)
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Filing
88
REPLY in Support of MOTION to Dismiss Counterclaims 1 Through 4 Pursuant to Fed.R.Civ.Proc. 12(b)(6) MOTION to Dismiss Counterclaims 1 Through 4 Pursuant to Fed.R.Civ.Proc. 12(b)(6) 84 filed by Counter Defendants IAC/Interactive Corp, Ticketmaster LLC, Plaintiff Ticketmaster LLC. (Feder, Tamar)
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87
REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss Counterclaims 1 Through 4 Pursuant to Fed.R.Civ.Proc. 12(b)(6) MOTION to Dismiss Counterclaims 1 Through 4 Pursuant to Fed.R.Civ.Proc. 12(b)(6) 84 filed by Counter-claimant RMG Technologies Inc. (Tarlow, David)
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Filing
83
STIPULATION AND ORDER by Judge Audrey B. Collins: Ticketmaster and RMG agree as follows: (a) Ticketmaster time to respond to RMG First Amended Counterclaims is hereby extended from 12/17/07 to 12/21/07; (b) RMG time to oppose any motion filed by Ticketmaster in response to RMG First Amended Counterclaim shall be extended from 1/22/08 up to and including 1/28/08; (c) Ticketmaster time to file any reply in support of any Motion Ticketmaster filed in response to RMG First Amended Counterclaims shall remain unchanged at 2/11/08; (d) Hearing date on any motion Ticketmaster files in response to RMG First Amended Counterclaim shall remain unchanged at 2/25/08. (ir)
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Filing
82
CERTIFICATE OF RECORD Transmitted to USCA re Appeal to 9th Circuit Court of Appeals, 68 filed by RMG Technologies Inc ; Court of Appeals Case Number: 07-56666; (car)
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79
NOTIFICATION by Circuit Court of Appellate Docket Number 07-56666, 9th CCA regarding Appeal to 9th Circuit Court of Appeals, 68 as to Defendant RMG Technologies Inc. (car)
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75
APPEAL FEE PAID: re Appeal to 9th Circuit Court of Appeals, 68 as to Plaintiff Ticketmaster LLC; Receipt Number: 101952, 101955 in the amount of $455. (car)
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77
ORDER from 9th CCA filed as to Appeal to 9th Circuit Court of Appeals, 68 filed by RMG Technologies Inc, CCA # 07-56666. The appeal filed on 11/7/07 is a perliminary injunction appeal. Accordingly, Ninth Circuit Rule 3-3 shall apply. Order received in this district on 11/26/07. (car)
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81
TRANSCRIPT DESIGNATION AND ORDERING FORM For Dates: 10/15/2007; Court Reporter: Katherine Stride; Court of Appeals Case Number: 07-56666; Re: 68 (car)
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72
ORDER by Judge Audrey B. Collins based on Ex Parte Application to Expedite Discovery Order to Determine Complianace with Preliminary Injunction 66 , IT IS HEREBY ORDERED that RMG Technologies Inc produce and make available the following electronic information and documentation without objection within five days of the issuance of this order: a) HTML and all source code and binary/executable copies of code for RMG TBAT, Super Proxy and other products and services used to faciliate ticket purchases on ticketmaster.com: b) All log files from the super proxies resident on RMG computers from 10/15/07 to be presnt; c) The properties files on RMG computers; d) Access to RMG client computers; e) A list of or documents identifying all internet service providers and all IP address (foreign and domestic) allocated to the IBAT product that RMG controls; f) A list of or documents identifying all the internet service providers and all IP addresss (foreign and domestic) owned and controlled by RMG; (g) All files and data related to Ticketmaster CAPTCHA that services RMG Optical Character Recognition product, or other mechanism for solving CAPTCHA which would be stored either on RMG filesystem(s) or its databases; h) All files and applications related to answering or responding to Ticketmasters security measures, including but not limited to its hashcash or POW programs; i) All documents and application used in developing RMG TBAT, Super Proxy and OCR including test environment; and j) All documents regarding RMG Super Proxy and OCR product performance capabilities. (ir)
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Filing
68
NOTICE OF APPEAL TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT PRELIMINARY INJUNCTION APPEAL filed by Defendant RMG Technologies Inc. Appeal of Order, 57 Filed On: 10/16/07; Entered On: 10/16/07; Filing fee $ 455. Billed cc: Jay M. Coggan; Robert H. Platt. (car)
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Filing
61
FINDINGS OF FACT AND CONCLUSIONS OF LAW, AND PRELIMINARY INJUNCTION signed by Audrey B. Collins. (es)
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57
ORDER by Judge Audrey B. Collins GRANTING MOTION for Preliminary Injunction 27 and enjoins defendant RMG Technologies. Plaintiff is ORDERED to post a bond of $300,000.00 within (10) days. Plaintiff shall prepare proposed Findings of Fact and Conclusions of law within (10) days.(da)
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Filing
55
MINUTES IN CHAMBERS on Defendant's MOTION to First Amended Complaint 22 held before Judge Audrey B. Collins: Pending before the Court is Defendant RMG Technologies, Inc's Rule 12(b)(6) Motion to Dismiss the First Amended Complaint ("Motion"), filed on 7/10/07. Having considered the materials submitted by the parties and the case file, the Court DENIES Defendant's Motion. (es)
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52
IN CHAMBERS MINUTES OF Judge Audrey B. Collins FINDING Defendant's MOTION to Dismiss Case 22 appropriate for determination without oral argument. The Court VACATES the hearing of October 15, 2007 and takes the motion under submission.Court Reporter: not reported.(da)
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50
IN CHAMBERS MINUTES OF Judge Audrey B. Collins ORDERING Plaintiff to submit a supplemental declaration demonstrating, by walking the court through at least one specific example, how Plaintiff was able to connect a ticket order and/or request made through ticketmaster.com to known RMG networks. The declaration shall be no more than 5(five) pages, not including exhibits, Set Deadlines:Simplification of Issues due by 10/5/2007; Defendant may submit a responsive declaration, no longer than (5) pages, not including exhibits, no later than 10/09/07..Court Reporter: not reported.(da)
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44
MINUTES OF IN CHAMBERS ORDER held before Judge Audrey B. Collins re: MOTION for Preliminary Injunction 27 the Court hereby continues hearing on the Motion to 10/15/2007 at 10:00 AM before Judge Audrey B. Collins.(da)
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45
ORDER by Judge Audrey B. Collins GRANTING the NOTICE AND REQUEST of Settlement Procedure Selection (Sp2).(ca)
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43
MINUTES: LETTER (In Chambers) On 9/24/07 the Court receive a letter dated 9/21/07 from Arkansas Attorney General Dustin McDaniel. Therein Mr. McDaniel presented his views of the merits of the case. Court wishes to advise the parties that this wholly inappropriate letter will have no influence on this Courts decisions in this case by Judge Audrey B. Collins (ir)
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35
MINUTES: SCHEDULING CONFERENCE held. Court sets the following dates including CV07-2531 ABC(JCx): Ticketmaster LLC vs. Bonner, et al though counsel were not scheduled to be present until 9/17/07. The 9/17/07 scheduling conference is vacated. All Claims/Parties cut-off 2/4/2008; Discovery cut-off 5/23/2008; Law & Motion cut-off 6/23/2008; Final Pretrial Conference 9/15/2008 10:00 AM; Trial counsel must be present; Jury Trial 10/21/2008 08:30 AM (The Court determines that CV07-2534 ABC(JCx) Ticketmaster, LLC vs. RMG Technologies Inc will be tried first). Counsel are reminded of the requirements of Local Rule 16-14. Counsel shall submit their notice of settlement selection within 10 days by Judge Audrey B. Collins Court Reporter: Katherine Stride.(ir)
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30
IN CHAMBERS MINUTES OF Judge Audrey B. Collins finding the defendant's ex parte application to extend the hearing on Ticketmaster's motion for preliminary injunction appropriate for determination without oral argument. The Court FINDS that a short continuance is appropriate and CONTINUES the hearing to Oct. 1, 2007, at 10:00AM. Defendant's opposition shall be due on or before Monday, Sept. 17, 2007. Plaintiff's reply shall be due on or before Monday, Sept. 24, 2007. Courtesy copies must be delivered to chambers.Court Reporter: not reported.(da)
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23
In Chambers MINUTES OF Judge Audrey B. Collins RE: MOTION to Dismiss Case 22 , due to court congestion, the Court hereby continues hearing on the motion to Monday, October 15, 2007, at 10:00AM.Court Reporter: not reported.(da)
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20
MINUTES (IN CHAMBERS ORDER) held before Judge Audrey B. Collins: On 6/4/07 Defendant RMG Technologies filed a MOTION to Dismiss 17 . On 6/25/07 Plaintiff filed a First Amended Complaint. Defendant's Motion to Dismiss is therefore STRICKEN as moot. (mg)
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18
ORDER RE CONFERENCE by Judge Audrey B. Collins: 1) Pretrial Conference Pursuant to F.R.Civ.P. 16 and 26; and Local Rule 26. 2) Motions and Ex Parte Applications. This matter is set for Scheduling Conference on 9/10/2007 at 10:00 AM before Judge Audrey B. Collins. (mg)
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14
STIPULATION AND ORDER by Judge Audrey B. Collins granting Defendant RMG Technologies Inc an extension of time to answer the Complaint to 6/4/2007 (mg, )
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11
MINUTES (IN CHAMBERS) by Judge Audrey B. Collins: It Is Ordered that Plaintiff's counsel show cause in writing not later than 6/8/2007 why this action should not be dismissed for lack of prosecution as to Defendant RMG Technologies, Inc. Court Reporter: Not Reported. (mg, )
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8
ORDER by Judge Audrey B. Collins: Defendant RMG and its agents, servants, employees, representatives, and attorneys and all persons acting in concert or participating with RMG is PRELIMINARY ENJOINED during the pendency of this action. Temporary Restraining Order entered by this Court on 4/16/07 is dissolved.(ir, )
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Filing
7
ORDER by Judge Audrey B. Collins, re EX PARTE APPLICATION for Temporary Restraining Order EX PARTE APPLICATION for Order to Show Cause 6 . IT IS ORDERED that for a period of ten days following issuance of this ruling, RMG and its agents, etc desist and refrain from tampering with destroying or permitting the loss or destruction of documents and other information, that is relevant or that might lead to the discovery of admissible evidence based on the allegations of the Complaint; FURTHER ORDERED Ticketmaster need not post security for this Temporary Restraining Order; FURTHER ORDERED that RMG appear 5/3/2007 10:00 AM to show cause why a preliminary injunction should not issue.(bg, )
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Filing
4
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 224 -Related Case- filed. Related Case No: CV 07-1092 ABC (JCx). Case transfered from Judge Jeffrey W. Johnson and George H. King to Judge Audrey B. Collins and Jacqueline Chooljian for all further proceedings. The case number will now reflect the initials of the transferee Judge CV 07-2534 ABC (JCx).Signed by Judge Audrey B. Collins (rn, )
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