Case 1:15-cv-11747-DPW Document 1 Filed 04/29/15 Page 1 of 20 UNITED STATES DISTRICT COURT. DISTRICT OF MASSACHUSETTS PRESIDENT AND FELLOWS OF HARVARD COLLEGE, Civil Action No.: Plaintiff. | JURY TRIAL DEMANDED. v. CERTPLEX LTD., a UK corporation, GLOBAL SIMULATORS LIMITED, a UK corporation, CERTIFICATION TRENDZ, LIMITED, a UK corporation, ITSOLEXPERT LIMITED, a UK corporation, FREETECH SERVICES LIMITED, a UK corporation, and JOHN, DOES 1-20, Defendants. COMPLAINT Plaintiff, President and Fellows of Harvard College, a/k/a Harvard University (“Harvard”), brings this action against Certplex Ltd., Global Simulators Limited, Certification Trendz Limited, ITSolExpert Limited, Freetech Services Limited, and John Does 1-20 for injunctive relief and damages as follows: 1. This is an action based upon violations of the Copyright Act, 17 U.S.C. §101, ef sseq., and state law. All claims herein arise out of defendants” unlawful copying and distribution of Harvard's Credential of Readiness Examinations. Plaintiff secks injunctive relief; monetary damages; an award of attorneys’ fees and costs; and such additional relief as this Court deems appropriate.Case 1:15-cv-11747-DPW Document 1 Filed 04/29/15 Page 2 of 20 PARTIES 2. Harvard, with its principal undergraduate campus in Cambridge, Massachusetts, is the nation’s oldest institution of higher learning. Harvard is a Massachusetts not-for-profit corporation with various academic units, including the Harvard Business School, whose main campus is in Boston, Massachusetts. Certplex Ltd. (“Certplex”) is a United Kingdom limited liability company xed office at 27 Old Glouster Street, London, England. 4. Global Simulators Limited (“Global Simulators”) is a United Kingdom limited liability company with its registered office at First Floor, 41 Chalton Street, London, England. 5. Certification Trendz Limited (“Certification Trendz”) is a United Kingdom limited liability company with its registered office at Ordman House, 31 Arden Close, Bradley Stoke, Bristol, England, 6. ITSolExpert Limited (“ITSolExpert”) is a United Kingdom limited liability company with its registered office at 102 Bressey Grove, South Woodford, London, England. 7. Freetech Services Limited (“Freetech”) is a United Kingdom limited liability company with its registered office at 132-134 Great Ancoats Street, Manchester, England. 8. Harvard is unaware of the true names and capacities of John Does 1-20, inclusive, the owners, operators and managers of the named defendants and their operations at ‘certgenie.co estking.com, “pass4sure.com” and other related web sites “certkller.com, at the Internet domain names listed in Exhibit 2. Harvard therefore sues these defendants by such fictitious names. Harvard will amend this complaint to allege their true names and capacities when ascertained. Harvard is informed and believes and therefore alleges that each of the fictitiously named defendants is responsible in some manner for the occurrences alleged, andCase 1:15-cv-11747-DPW Document 1 Filed 04/29/15 Page 3 of 20 that Harvard’s injuries as alleged were proximately caused by such defendants. These fictitiously named defendants, along with Certplex, Global Simulators, Certification Trendz ITSolFxpert and Freetech, are referred to collectively as “defendants.” 9. The actions alleged to have been undertaken by the defendants were undertaken by each defendant individually, were actions that each defendant caused to occur, were actions, that each defendant authorized, controlled, directed, or had the ability to authorize, control or direct, and/or were actions each defendant assisted, participated in, or otherwise encouraged, and are actions for which each defendant is liable, Each defendant aided and abetted the actions of cone or more of the defendants set forth below, in that each defendant had knowledge of those actions, provided assistance and benefited from those actions, in whole or in part. Each of the defendants was the agent of one or more of the remaining defendants, and in doing the things hereinafter alleged, was acting within the course and scope of such agency and with the permission and consent of other defendants. AURISDICTION AND VENUE 10. This Court has subject matter jurisdiction over the claims in this action pursuant to the provisions of 17 U.S.C. $501; 28 U.S.C. §1338(a); and 28 U.S.C. §1331. Subject matter jurisdiction is also proper pursuant to 28 U.S.C. §1332 and 28 U.S.C. $1367. 11. This Court has personal jurisdiction over the defendants, who have purposefully availed themselves of the benefits of this District. Defendants have expressly aimed their activities at a resident of this District, knowing that the resulting injury would occur in this, District. Defendants have operated commercial websites through which they sold their infringing materials to residents of this District.Case 1:15-cv-11747-DPW Document 1 Filed 04/29/15 Page 4 of 20 12. Venue is proper in this Court pursuant to 28 U.S.C. §1391(b). A substantial part of the events or omissions giving rise to the claim occurred in this District, and a substantial part of property that is the subject of the action is situated in this District. The infringing materials that are the subject of this litigation were created in this District and offered for distribution in this District, and the claims alleged in this action arose in this District. EACTUAL ALLEGATIONS 13. Harvard Business School is the graduate business school of Harvard. The school offers a full ime MBA program and other educational programs, including HBX, an interactive online learning initiative. One of the offered programs is HBX Credential of Readiness (°CORe”), an 8-12 week program that teaches the fundamentals of business and results in a credential issued by HBX. The CORe curriculum, designed by Harvard Business School faculty members and staff, is intended for individuals seeking to understand the fundamentals of business, and how business theories apply in real business settings. 14. In order to obtain the HBX credential, a candidate must meet certain course requirements and then must pass a final examination comprised of a number of modules in particular subject areas, known as the HBX CORe Final Examinations (the “CORe Exams”). ‘The CORe Exams, created at great expense by Harvard Business School, are original works of authorship fixed in a tangible medium of expression by Harvard. 15. The copyright in each CORe Exam was registered, using the “secure” filing procedure, with the United States Copyright Office in compliance with the Copyright Revision Act of 1976 (17. U.S.C. §101, et seq.) and Copyright Office Regulations. True and correct copies of the certificates of registration for the CORe Exams are attached to this Complaint as Exhibit 1 and incorporated by reference.Case 1:15-cv-11747-DPW Document 1 Filed 04/29/15 Page 5 of 20 Defendants’ Unlawful Acts 16, Defendants operate web sites at numerous Internet domain names, including “Certkiller.com,” “Testking.com,” “Certgenie.com,” and “Pass4sure.com.” Through these and their other related web sites at the Internet domain names listed in Exhibit 2 (collectively, the “Test Sales Sites”), defendants offer for sale training materials allegedly designed to prepare students to successfully pass HBX CORe Exams 17, Harvard is informed and believes, and on that basis alleges, that defendants accessed and copied the CORe Exams, and that the trai 1g materials defendants sell through the ‘Test Sales Sites contain exam questions and answers that are either identical or substantially similar to Harvard's copyrighted exam questions and answers. Harvard has not licensed or authorized defendants to copy or distribute its copyrighted exam content. 18. Insum, defendants have provided and are providing, without permission or license from Harvard, the original copyrighted exam content from the CORe Exams to HBX ‘CORe candidates via the Test Sales Sites. 19. Defendants have utilized a number of techniques to conceal their activities with respect to all of their websites, including Certkller.com, Testking.com, Certgenie.com and Passsure.com. The techniques defendants have used to conceal their activities include, but are not necessarily limited to, private registration of their domain names, the use of false identities to register their domain names, and offshore hosting and payment facilities, 20. Based on the facts alleged herein, defendants have committed, and are committing, thousands of acts of copyright infringement. These acts of infringement are willful, d rate and committed with knowledge of Harvard’s registered copyrighted material,Case 1:15-cv-11747-DPW Document 1 Filed 04/29/15 Page 6 of 20 EIRST CAUSE OF ACTION Copyright Infringement 17 U.S.C. §501, ef seq. (All Defendants) 21. Plaint realleges and reincorporates herein by reference the allegations contained in Paragraphs | through 20 of this Complaint as set forth above. 22. Harvard is the author, creator and owner of the right, title and interest in each copyrighted CORe Exam registered with the United States Copyright Office. (See Exhibit 1, supra). 23. Upon information and belief, defendants had access to the copyrighted works. 24. Defendants willfully infringed Harvard's copyrights by copying, reproducing, Sindee ser |B 465 Ota ‘ose 3 ssacieasan ee V. ORIGIN (aca now ba oy 1 Qrgnal "O12 Remredfiom 3. 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