woltermann in USDC 2015

fendants gain access to

ScienceDirect by using credentials fraudulently obtained from
educational institutions,

including educational institutions

located in the Southern District of New York,
legitimate access to ScienceDirect.

(the "Woltermann Dec.") ,

which are granted

(See Declaration of Anthony
Dkt. No. 8,

at 13-14.)


an attachment to one of the supporting declarations to this

Elsevier includes a sequence of screenshots showing how

a user could go to �ww.sc�-hub.org

eDirect database is located on multiple

servers throughout the world and is accessed by educational
institutions and their students, and qualifies as a computer
used in interstate commerce, and therefore as a protected
computer under the CFAA.

See Woltermann Dec.

at 2-3. )


found above, Elsevier has shown that the Defendants' access to
ScienceDirect was unauthorized and accomplished via fraudulent
university credentials.

While the C fAA requires a civil

plaintiff to have suffered over $5,000 in damage or loss, see
Register. com, Inc.


Verio, Inc. , 356 F. 3d 393, 439

(2d Cir.

2004), Elsevier has made the necessary showing since it
documented between 2,000 and 8,500 of its articles being added
to the LibGen database each day

(Woltermann Dec.

at 8, Exs.

G &

H) and because its articles carry purchase prices of between
$19. 95 and $41. 95 each.
Leon, No.

12 Civ.


at 2;

see Millennium TGA, Inc.

1360, 2013 WL 5719079, at *10

(E. D. N.Y.



18, 2013). 1
Elsevier's evid

e 17 U.S.C.

§ 504(c);

HarperCollins Publishers LLC v. Open

Road Integrated Media, LLP, 58 F.

Supp. 3d 380, 38 7 (S.D.N.Y.

Since the Plaintiffs credibly allege that the Defendants

infringe an average of over 3,000 new articles each day
(Woltermann Deel. at 7), even if the Court were to award damages
at the lower end of the statutory range the Defendants'
liability could be extensive.

Since the Defendants are an

individual and a set of websites supported by voluntary
donations, the potential


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