Claim

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Docket number: 22-CCB-0178
Filed date: 09/29/2022 05:24 PM EDT

United States Copyright Claims Board

Swamp Servers LLC d/b/a Swamp Servers
Claimant
V.
Connor McKelvey
Respondent

Claim

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Claim details

A claim for infringement
No
Swamp Servers LLC d/b/a Swamp Servers
Spokane, WA

Attorney or law student representative information

John Whitaker
Christensen O'Connor Johnson Kindness PLLC
john.whitaker@cojk.com
206-682-8100
1201 3rd Ave
Ste 3600
Seattle, WA 98101-3268
Connor McKelvey
Summit Cinema
Swamp Cinema.
swamponions (Steam account STEAM_0:0:38422842), pseud. (author of pseudonymous work); Citizenship: United States. Authorship: Audiovisual work and computer program. Swamp Servers, employer for hire; Citizenship: United States. Authorship: Audiovisual work and computer program.
Yes
PA0002260263
08/28/2020
Other
Computer program and audiovisual material, including level design, 3D models, texture images.
Reproduce the work
Create a derivative work
Publicly display the work
Yes
Estimated June 1, 2021 - Present
Online at the following: 1. Summit Cinema URL: steam://connect/35.208.78.209:27015 2. Staff Webpage URL: https://summitcinema.net/staff 3. Emote API URL: https://summitcinema.net/service/emotes
The Infringing Content is displayed on competitor server Summit Cinema ("Summit"), owned by a Mr. Connor McKelvey (“McKelvey”), an individual who formerly contributed to the Work pursuant to a work-for-hire agreement (“Agreement”) with Copyright Owner and is no longer employed under the Agreement. During his contracted work, McKelvey maintained a positive relationship with Copyright Owner, which quickly deteriorated after McKelvey left Copyright Owner to launch his competing server Summit. Summit contains significant and substantial portions of the Work, and McKelvey failed to obtain consent from Copyright Owner prior to uploading the Infringing Content. We have strong evidence showing that McKelvey is willfully and purposefully copying the Work in order to attract users away from Swamp and towards Summit. Furthermore, we have abundant evidence showing that McKelvey’s infringement of the Work is not only willful, but done as part of a malicious, hostile, and unprovoked campaign of harassment, defamation, and doxing targeting the Copyright Owner.
No
Lost licensing fees; lost profits; dilution of value/licensing fee; and tarnishment of Claimant's work. Claimant is seeking $30,000.00 in damages for the infringement.