woltermann in USDC 2015
fendants gain access to
ScienceDirect by using credentials fraudulently obtained from
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,
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
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
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
at 8, Exs.
H) and because its articles carry purchase prices of between
$19. 95 and $41. 95 each.
see Millennium TGA, Inc.
1360, 2013 WL 5719079, at *10
(E. D. N.Y.
18, 2013). 1
e 17 U.S.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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