FILED: NEW YORK COUNTY CLERK 01/03/2014 INDEX NO. 150046/2014 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/03/2014 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK In the matter of the Application of ROBERT ROSE individually and as principal on behalf of ARTIST & IDEA MANAGEMENT, LTD. Petitioners, for an order pursuant to section 31 02( c) of the Civil Practice Laws and Rules to compel pre-action disclosure from, VERIZON COMMUNICATIONS, INC., VERIZON NEW YORK, INC., AOL, INC. TIME WARNER CABLE INTERNET, LLC. TIME WARNER CABLE INC., GOOGLE, LLC And YOUTUBE, LLC Respondents. ) AFFIRMATION IN SUPPORT OF ORDER ) COMPELLING DISCLOSURE OF ) IDENTITY WITH SUPPORTING ) MEMORANDUM OF LAW ) ) Index No.---------- ) RYAN J. LEWIS, ESQ., an attorney duly admitted to practice in the Courts of the State of New York, affirms under the pains and penalties of perjury, pursuant to Civil Practice Laws and Rules ("CPLR") §21 06 that the following statements are true: 1. I am the attorney for A11ist & Idea :Vfanagement, Ltd. ('"AIM") and Robert Rose, the Petitioners in the above-captioned petition, and that I am familiar with all the facts and circumstances set forth in this affirmation from my discussions with Petitioner Rose who had a first-hand account of facts stated herein. and from materials that the Petitioners have sent me for the file that I have kept on this matter in the ordinary course of business. 2. I submit this affirmation in support of Petitioners· application for an order pursuant to CPLR §31 02( c), for pre-action disclosure, compelling AOL Inc. ("AOL"), Verizon Communications, Inc. and/or its subsidiary Verizon New York, Inc. (individually and collectively referred to hereinafter as "Verizon''), Time Warner Cable, Inc. and/or its subsidiary
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Robert Rose v. Verizon Etc - Motion for Preaction Discovery
Punk Outlaw website operator Robert Rose seeks preaction discovery from ISPs Verizon Communications, Time Warner Cable, Google and YouTube. Rose has a television program called "Raw Travel." Rose is seeking the identify of the poster of allegedly defamatory videos accusing him of promoting prostitution, copyright infringement, and mistreatment of employees.
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FILED: NEW YORK COUNTY CLERK 01/03/2014 INDEX NO. 150046/2014
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/03/2014
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK
In the matter of the Application of ROBERT
ROSE individually and as principal on behalf of
ARTIST & IDEA MANAGEMENT, LTD.
Petitioners,
for an order pursuant to section 31 02( c) of the
Civil Practice Laws and Rules to compel
pre-action disclosure from,
VERIZON COMMUNICATIONS, INC.,
VERIZON NEW YORK, INC., AOL, INC.
TIME WARNER CABLE INTERNET, LLC.
TIME WARNER CABLE INC., GOOGLE, LLC
And YOUTUBE, LLC
Respondents.
) AFFIRMATION IN SUPPORT OF ORDER ) COMPELLING DISCLOSURE OF
) IDENTITY WITH SUPPORTING
) MEMORANDUM OF LAW )
) Index No.---------)
RYAN J. LEWIS, ESQ., an attorney duly admitted to practice in the Courts of the State
of New York, affirms under the pains and penalties of perjury, pursuant to Civil Practice Laws
and Rules ("CPLR") §21 06 that the following statements are true:
1. I am the attorney for A11ist & Idea :Vfanagement, Ltd. ('"AIM") and Robert Rose, the
Petitioners in the above-captioned petition, and that I am familiar with all the facts and
circumstances set forth in this affirmation from my discussions with Petitioner Rose who had a
first-hand account of facts stated herein. and from materials that the Petitioners have sent me for
the file that I have kept on this matter in the ordinary course of business.
2. I submit this affirmation in support of Petitioners· application for an order pursuant to
CPLR §31 02( c), for pre-action disclosure, compelling AOL Inc. ("AOL"), Verizon
Communications, Inc. and/or its subsidiary Verizon New York, Inc. (individually and
collectively referred to hereinafter as "Verizon''), Time Warner Cable, Inc. and/or its subsidiary
Time Warner Cable Internet LLC (individually and collectively referred to hereinafter as
"TWC"), and Google, LLC and/or its subsidiary Y ouTube, LLC (collectively referred to
hereinafter as "You Tube"), to disclose the identity(ies) of the person or persons (individually and
collectively referred to hereinafter as ··Detractor") who published the various blog posts and e
mails described herein.
3. AOL, Verizon and TWC have been identified as the Internet Service Providers ("ISPs")
responsible for carrying the various libelous e-mail transmissions described herein from the
Detractor's e-mail addresses punkcolours,aaol.com and [email protected]. Specifically,
the Internet protocol addresses ("IP addresses") for the sender of seven of the e-mails in question
were allocated to Verizon as follows: 108.5.42.110; 108.5.46.8; 108.5.200.7; 108.5.202.35;
108.5.45.29; 108.5.44.237; 141.153.244.22. T\\O more of the offending e-mails were sent from
IP addresses controlled by AOL as follows: 64.244.117.153 and 205.188.166.5. One ofthe
offending e-mails was sent from an IP address controlled by TWC, namely 67.244.117.153.
4. Y ouTube was the owner and host of the video and blog sites located at the two following
uniform resource locators ("URLs'') http:/ /ww\\. voutube.com/punkoutlaw tv and
http://w\vw.youtube.com/aimtube where Detractor published several of her libelous blog posts as
described below.
5. Briefly, the application should be granted because the unknown defendant(s) have begun
a campaign via defamatory e-mails and blog posts which is directed against Petitioner Rose
personally and professionally, and against the Petitioners' new TV show entitled ·Rmv Travel'
(the ·'Show"). While the e-mails have primarily targeted the Show's various national and local
broadcasters, foreign sales agents, potential broadcasters, sponsors and Petitioners' professional
peers and affiliates, the blog posts have been directed at the Shov/ s potential audience.
AFFIRMATION IN SUPPORT OF ORDER COMPELLING DISCLOSURE OF IDENTITY WITH SUPPORTING MEMO OF LAW Page 2
6. On the blog, Detractor has posted entries which falsely state that Petitioner Robert Rose
and his co-producer are using the Show as a way of··[e]arning Ad $'s off the most defenseless
people in the world... [by] mak[ing] videos to promote & applaud prostitution... in every
country [they] ha[ve] been ... [and] procur[ing] young girls, unpaid to photograph, v/tape in a
sexually denigrating objectified way to promote to misogynists. They are being criminally
investigated. They have placed photos of clients in their volunteer organizations on their music
web site with sex workers & strippers." (See Exhibit 1 annexed hereto). On the same blog,
Detractor also posted entries which falsely accused the Petitioners of various crimes including
multiple counts of copyright infringement and mistreatment of the show's employees. (See
Exhibit 2 annexed hereto).
7. Detractor's simultaneous anonymous e-mail campmgn against the Show consists of
grossly libelous "spam" e-mails which have been sent by Detractor on a regular basis starting on
October 1, 2013 (i.e., immediately prior to the Show's initial broadcasts in the U.S.) from one of