Tag Archives: Copyright

More subpoenas on the way to identify John Doe BitTorrent users in copyright cases

First Time Videos v. Does 1-37, 2011 WL 1431619 (N.D. California, April 14, 2011)

Hard Drive Productions v. Does 1-118, 2011 WL 1431612 (N.D. California, April 14, 2011)

There have been a couple of new cases filed in federal court in California alleging that unknown BitTorrent users committed copyright infringement and engaged in civil conspiracy by trading porn files online. [Read about some earlier, ongoing cases of this type here and here]. The court has issued orders that move the process of uncovering the identities of the John Doe defendant BitTorrent users.

Generally a plaintiff cannot start the discovery process in a case until it has had a “Rule 26(f)” conference with the defendant. But when the defendants are anonymous (as they are in these BitTorrent cases — they’re known only by IP address), the plaintiff has a bit of a problem. It needs discovery to find out the names of the defendants, but it cannot take discovery before the Rule 26(f) conference. [More on this]

So in cases like this, a plaintiff will ask the court to allow the early discovery to be had. Courts grant those motions allowing early discovery when good cause has been shown.

In this case, the court allowed the discovery because the following four criteria had been met:

(1) The plaintiffs had identified the Doe defendants with sufficient specificity that the court could determine that the defendants are real people who can be sued in federal court. On this point, the court credited the list of IP addresses associated with each of the unknown defendants.

(2) The plaintiffs recounted the steps taken to locate and identify the defendants. Again, the court looked to the fact that the defendants were known only by IP addresses. The names of the defendants could not be ascertained from the information available.

(3) The plaintiffs demonstrated that the action could withstand a motion to dismiss. In some cases this is a tough hurdle to get over. But in copyright cases the threshold can be met relatively easily — simply alleging ownership of a copyright and unlawful copying satisfies this element.

(4) The plaintiffs proved that the discovery was likely to lead to identifying information that will permit service of process. Getting the subscriber information from the ISPs would allow names to be associated with the IP addresses, for further action to be taken.

(The above 4-factor test is drawn from Columbia Ins. Co. v. seescandy. com, 185 F.R.D. 573, 578–80 (N.D.Cal.1999).)

So ISPs across the country will be getting peppered with more subpoenas, and sending out letters to their John Doe subscribers, giving deadlines to move to quash the subpoenas. More mad scramble to protect identities is on its way.

Court leaves thousands of BitTorrent copyright infringement defendants joined in single action

Call of the Wild Movie v. Does 1 – 1,062 — F.Supp.2d —, 2011 WL 996786 (D.D.C. March 22, 2011)

One of the craziest things about the copyright infringement lawsuits that have been brought against BitTorrent users accused of trading movies over the internet is the vast number of John Doe defendants that are usually lumped into one case. After the plaintiff copyright owners file a complaint for infringement — sometimes against thousands of anonymous defendants — they ask the court for leave to take expedited discovery. Then the movie companies serve subpoenas on the John Does’ internet service providers, asking the ISPs to disclose the identities of their customers associated with particular IP addresses.

Prosecuting a case against thousands of copyright infringement defendants is an enormous task, both for the plaintiffs’ attorneys as well as the ISPs who must respond to the subpoenas. Having so many defendants risks making the case unmanageable. So one may question whether it is appropriate under the Federal Rules of Civil Procedure to have so many unknown defendants all in the same case. In the nomenclature of civil litigation, the question is whether the joinder of all the defendants in one action is appropriate.

In three of the BitTorrent copyright cases pending in federal court in Washington DC brought by the US Copyright Group on behalf of a handful of independent film makers, groups like the Electronic Frontier Foundation, the ACLU and others argued improper joinder. These organizations filed amicus briefs in the cases of Call of the Wild Movie v. Does 1 – 1,062, Maverick Entertainment v. Does 1 – 4,350, and Donkeyball Movie v. Does 1 – 171, arguing that joining all the defendants in one action violated Rule 20 of the Federal Rules of Civil Procedure. The court rejected these arguments, finding that joinder was proper, at least in such early stages of the litigation where the defendants had not yet been identified.

The court considered three factors when answering the question of proper joinder: (1) whether the claims arose from the same transaction or occurrence or series of transactions or occurrences, (2) whether the legal and factual questions are common to all defendants, (3) and whether joinder would cause prejudice to any party or needless delay.

Same transaction or occurrence

The court observed that claims against joined parties must be “logically related,” and that this is a flexible test, with courts seeking the broadest possible scope of action. The court held that the claims against the BitTorrent users were logically related, based on plaintiffs’ allegations that the BitTorrent protocol makes every downloader of a file also an uploader, and accordingly, every user who has a copy of the infringing file on the network must necessarily be a source of download for that infringing file. This is an interesting finding, in that the strength of plaintiffs’ allegations were based on how BitTorrent works.

Common legal and factual questions

As for this second factor, the court found that the legal and factual questions were common because the parties would be litigating the same copyright claims, and all of the claims related to the use of BitTorrent.

Prejudice or needless delay

The court said some intriguing things about the interests of the parties in making its findings on this factor. For one, it said that leaving all the defendants joined in the same action would benefit them all, in that they would be able to see the defenses that other defendants were making. The court also expressed concern in favor of the efficiencies afforded the plaintiffs in filing these mass lawsuits. The plaintiff movie studios have been criticized for filing suit against large numbers of defendants in one action rather than separate suits against each defendant (and thereby having to pay only one filing fee to start the action versus several thousand filing fees). The court saw this question squarely in favor of plaintiff. It found that forcing plaintiffs to administer multiple actions, and having to pay the filing fees in all those actions “would certainly not be in the ‘interests of convenience and judicial economy,’ or ‘secure the just, speedy and inexpensive determination of the action.’”

Federal court applies Seescandy.com test to unmask anonymous defendants in copyright and privacy case

Liberty Media Holdings, LLC. v. Does 1-59, 2011 WL 292128 (S.D. Cal., January 25, 2011)

Plaintiff porn company sued 59 anonymous defendants it knew only by IP address for violation of the Stored Communications Act (SCA), the Computer Fraud and Abuse Act (CFAA) and for copyright infringement. Since plaintiff did not know who the defendants were, it had to jump through a few hoops to find out their names.

The court rewarded such hoop-jumping by ordering that the defendants’ identities be turned over.

Hoop #1 – The Cable Communications Policy Act of 1984

A subpoena to the defendants’ internet service providers would reveal the needed information. But these ISPs, being governed by the Cable Communications Policy Act of 1984, could not turn over their subscribers’ information without a court order. (See 47 USC 515(c)(2)(B))

Hoop #2 – Discovery prior to the Rule 26(f) conference

What’s more, a plaintiff cannot start conducting discovery (and a subpoena is a discovery tool) until after it has had the initial conference with the defendant (the Rule 26(f) conference). But how can a plaintiff confer with a defendant it does not know? There is a bootstrapping problem here. The court has to step in and issue an order allowing the discovery be had.

Hoop #3 – Balancing injury versus right to anonymous speech

And getting that court order is a bit problematic and nuanced when one is dealing with anonymous defendants. The courts recognize the conflict between a need to provide injured plaintiffs with a forum in which they may seek redress for grievances, and the right of John Doe defendants to use the internet anonymously or pseudonymously when appropriate.

So judges apply a balancing test to weigh these interests. Different courts apply different tests. Some apply a very demanding standard, requiring plaintiffs to present enough facts to withstand a hypothetical motion for summary judgment. Other cases require a lesser burden be carried, looking merely to whether the complaint would survive a motion to dismiss. That’s the standard the court applied in this case.

The Seescandy.com standard

It looked to the 1999 case of Columbia Ins. Co. v. Seescandy.com, 185 F.R.D. 573, 577 (N.D.Cal.1999) which articulated the following test:

  • First, the plaintiff should identify the missing party with sufficient specificity such that the Court can determine that (the) defendant is a real person or entity that could be sued in federal court …
  • Second, the (plaintiff) should identify all previous steps taken to locate the elusive defendant …
  • Third, Plaintiff should establish to the Court’s satisfaction that plaintiff’s suit against (the) defendant could withstand a motion to dismiss … Plaintiff must make some showing that an act giving rise to civil liability actually occurred and that the discovery is aimed at revealing specific identifying features of the person or entity who committed the act.

In this case, the court found that each of these criteria had been met across the board.

It found that plaintiff had identified the defendants as best it could. Plaintiff provided the court with the unique IP addresses assigned to each defendant and the ISP that provided each defendant with internet access. Further, the requested discovery was necessary for plaintiff to determine the names and addresses of each defendant who performed the allegedly illegal and infringing acts.

The only information plaintiff had regarding the defendants was their IP addresses and their ISPs. Therefore, there were no other measures plaintiff could have taken to identify the defendants other than to obtain their identifying information from their ISPs.

And the court found the allegations supporting each of the claims were sufficient to survive a motion to dismiss.

As to the SCA, the complaint alleged that defendants intentionally accessed plaintiff’s web servers, which are facilities where electronic communication services are provided, defendants had no right to access the copyrighted materials on plaintiff’s website, and defendants obtained access to these electronic communications while these communications were in electronic storage.

On the CFAA claim, the complaint alleged that defendants unlawfully and without authorization entered into plaintiff’s computer server, which was used in interstate commerce, where plaintiff’s copyrighted materials were contained, stole plaintiff’s copyrighted materials, valued in excess of $15,000, and as a result of such conduct, caused plaintiff to suffer damage. Based on these facts, 18 USC 1030(g) authorized plaintiff’s civil action.

And as for copyright infringement, plaintiff alleged that it is the owner of the copyrights for certain motion pictures, which were accessed, reproduced, distributed and publicly displayed by defendants. Also, plaintiff alleged that defendants, without authorization, intentionally accessed, reproduced and distributed plaintiff’s copyrighted works onto their local hard drives or other storage devices.

Another massive porn Bittorrent copyright lawsuit in the Northern District of Illinois

MCGIP, LLC v. Does 1-1,164, No. 10-7675 (N.D.Ill., filed December 2, 2010) [Download Complaint]

Filing of copyright infringement complaint will be precursor to more subpoenas seeking to identify unknown file-sharing defendants.

Another porn company has filed a copyright lawsuit against hundreds of anonymous John Doe defendants who allegedly used the Bittorrent protocol to trade plaintiffs’ copyrighted movies. So ISPs around the country should expect another wave of subpoenas sent to unmask these unknown file sharers. The works allegedly infringed in this case include provocative titles such as “Girlfriend Lost a Bet” and “Iraq Care Package.”

Interestingly, this complaint — unlike the complaints in similar Bittorrent porn copyright cases — contains a paragraph that tries to explain why over a thousand defendants should be joined in one lawsuit:

Joinder is appropriate because, on information and belief, each Defendant was contemporaneously engaged in a coordinated effort with the other Defendants to reproduce and distribute Plaintiff’s copyrighted works to each other and hundreds of third parties via the BitTorrent protocol.

This language appears to be an attempt to head-off arguments like those made by EFF and others in some of the other massive copyright infringement actions against scores of anonymous defendants.

Enhanced by Zemanta

Smoked turkey company alleges that competitor infringed copyright in directions

Greenberg Smoked Turkeys, Inc. v. Goode-Cook, Inc., No. 10-621, (Complaint filed November 23, 2010, E.D. Texas) [Download the Complaint]

Happy Thanksgiving. I’m grateful for your continued support and interest in Internet Cases. It truly is a pleasure to write these posts and to get your feedback and engagement. And it’s also a pleasure to bring you news of this ultra-timely new copyright lawsuit.

Greenberg Smoked Turkeys, as you might expect, sells turkeys. Since 1987 it has distributed these turkeys with some simple instructions, comprised of three short paragraphs. You can read these instructions which are embedded in the complaint. It posted these instructions on its website in 2003.

Some time thereafter, Greenberg alleges, its turkey selling competitor copied the instructions and began using the instructions on its own website. Thus this lawsuit.

Infringement claims over instructions can be a tricky endeavor. In copyright law, there’s something called the “merger doctrine.” This relates to the idea-expression dichotomy: ideas are not copyrightable but their expression is. Simple instructions or directions may not pass this threshold: in their simplicity, they may be expressing something in the only possible way. That kind of expression does not rise to the level of copyrightability.

Downloading a song is not a performance under the Copyright Act

“Performance” under Copyright Act requires “contemporaneous perceptibility”.

U.S. v. ASCAP, — F.3d —, No. 09-539 (2d Cir. September 28, 2010).

Yahoo and RealNetworks commenced a proceeding to determine the rate of a “blanket license” they would pay to ASCAP to perform musical works over the internet (e.g., through streaming services). (As an aside, such actions are brought in the U.S. District Court for the Southern District of New York pursuant to an antitrust consent order entered way back in the 1940′s.)

ASCAP wanted as big a piece of the pie as possible and argued that it should be paid royalties for songs that are downloaded. Remember, ASCAP only collects fees for the public performance (not the distribution or copying) of musical works. So it asked the court to find that each time a user downloads a file, that should be treated as a performance, and thus ASCAP should be entitled to payment.

The district court disagreed that a download is a performance as defined by the Copyright Act. ASCAP sought review with the Second Circuit. On appeal the court affirmed, agreeing that a download is not a performance.

The analysis is straightforward: The Copyright Act grants copyright owners the right, among other things, to perform the copyrighted work publicly. Under the Copyright Act, to “‘perform’ a work means to recite, render, play, dance, or act it, either directly or by means of any device or process.” Since a download plainly is neither a “dance” nor an “act,” the court had to determine whether a download of a musical work fell within the meaning of the terms “recite,” “render,” or “play.”

The court looked to dictionary definitions of the terms “recite,” “render” and “play” to observe that all three actions entail contemporaneous perceptibility. It found that music is neither recited, rendered, nor played when a recording (electronic or otherwise) is simply delivered to a potential listener.

In more detail, the court said that:

[music downloads] are simply transfers of electronic files containing digital copies from an on-line server to a local hard drive. The downloaded songs are not performed in any perceptible manner during the transfers; the user must take some further action to play the songs after they are downloaded. Because the electronic download itself involves no recitation, rendering, or playing of the musical work encoded in the digital transmission, we hold that such a download is not a performance of that work, as defined by [the Copyright Act].

So ASCAP’s piece of the pie was not as big as it wanted.

play="true" align="" loop="true" quality="high"
TYPE="application/x-shockwave-flash"
PLUGINSPAGE="http://www.macromedia.com/go/getflashplayer">

Ohio record pirating statute preempted by Copyright Act

State v. Boyd, 2010 WL 3565414 (Ohio App. 1 Dist. September 15, 2010)

Defendant was convicted under Ohio state criminal law for selling pirated DVD movies on a street corner. This apparently was the first ever prosecution under a law — a “record pirating statute” — enacted in 1976 (which was two years before the Copyright Act took effect). Defendant sought review of his conviction with the state appellate court. On appeal, the court reversed the conviction.

The court held that the state record pirating statute (R.C. 1333.52) was preempted by Section 301 of the Copyright Act (17 U.S.C. 301).

It was not clear which subsection of the record pirating statute defendant had been accused of violating. The statute provides:

No person shall purposely do either of the following: (1) Transcribe, without the consent of the owner, any sounds recorded on a phonograph record, disc, wire, tape, film, or other article on which sounds are recorded, with intent to sell or use for profit through public performance any product derived from the transcription. . . .

and

No person shall purposely manufacture, sell, or distribute for profit any phonograph record, tape, or album of phonographic records or tapes unless the record and the outside cover, box, or jacket of the record, tape, or album clearly and conspicuously discloses the name and street address of the manufacturer of the record, tape, or album, and the name of the performer or group whose performance is recorded. . . .

The Copyright Act expressly preempts certain state-law actions. Section 301 states that all legal or equitable rights that are equivalent to any of the exclusive rights conferred by the Copyright Act and that come within the subject matter of copyright . . . are governed exclusively by the Copyright Act.

In this case, there was no dispute that the movies were within the subject matter of federal copyright law. The more detailed analysis came in examining the question of whether the work was governed exclusively by the Copyright Act. That inquiry looks to see whether there is a qualitatively different “extra element” in the state law claim beyond what is required to show copyright infringement.

The court looked to two similar Ohio cases in which defendants had engaged in similar conduct. In State v. Perry, the Ohio supreme court found that the statute supporting the prosecution for “unauthorized use of property” by uploading and downloading computer software to an internet bulletin board service was preempted. In State v. Moning, the court held that a computer crime statute that prohibited the unauthorized access to data in a database was not preempted. The unauthorized access provided the extra element in that case.

Court orders anonymous accused Bittorrent defendants to be identified

West Bay One v. Does 1 – 1,653, — F.Supp.2d. —, 2010 WL 3522265 (D.D.C. September 10, 2010)

Achte/Neunte Boll Kino Beteiligungs v. Does 1 – 4,577, — F.Supp.2d —, 2010 WL 3522256 (D.D.C. September 10, 2010)

In mass copyright infringement cases against alleged traders of copyrighted movies via Bittorrent, unknown defendants had no reasonable expectation of privacy in their subscriber information held by internet service provider.

Several unknown “Doe” defendants who were sued for copyright infringement for trading movies via Bittorrent moved to quash the subpoenas that the plaintiff copyright owners served on the defendants’ internet service providers.

The subpoenas sought subscriber information such as the defendants’ names, addresses and MAC addresses, so that they could be named as defendants in the copyright litigation.

Defendants moved to quash the subpoenas, arguing that their subscriber information was private information that should not be disclosed pursuant to a Rule 45 subpoena. The court denied the motions and ordered the subscriber information produced.

The court held that the defendants did not have a reasonable expectation of privacy in their subscriber information held by the internet service providers. It cited to a number of cases that supported this holding, each of which had found that a person loses his or her expectation of privacy in information when that information is disclosed to a third party. See Guest v. Leis (6th Cir.), U.S. v. Hambrick (4th Cir.), and U.S. v. Kennedy (D. Kan.).

In footnotes, the court also addressed the potential First Amendment rights that the defendants would have to engage in anonymous file sharing. It quickly dispensed with any notion that such activities were protected in this case, as the pleadings on file set forth a prima facie case of infringement. “[C]ourts have routinely held that a defendant’s First Amendment privacy interests are exceedingly small where the ‘speech’ is the alleged infringement of copyrights.”

Vernor v. Autodesk: does it matter in an age of cloud computing?

Today the Ninth Circuit issued an opinion in the case of Vernor v. Autodesk [PDF], making an important ruling about copyright, software and the first sale doctrine. At a fundamental level, however, one could wonder whether the case is all that big a deal, since the first sale doctrine concerns rights that the owner of a physical copy of a work has. For software — especially these days when an increasing amount of software is either distributed over the internet or provided in the cloud — questions about the rights associated with physical copies are becoming increasingly irrelevant.

No doubt the distribution of physical copies of software is less important than it was in the past. But the Vernor case is worth looking at inasmuch as the ruling could translate into some potentially wacky arrangements depending on the desires of copyright owners and the accompanying restrictions they may put on the uses of their works. The holding of the case is not limited to software, but to any copyrighted work capable of being distributed in physical form. As Vernor’s attorney Greg Beck has written, “there is no obvious reason why other publishing industries couldn’t begin imposing the same terms. If they do, it may be the end of ownership of books and music.” (I’m proud to mention that Beck has been a guest blogger here at Internet Cases.)

What the case was about

Vernor bought several used copies of AutoCAD software from a customer of Autodesk, which is the software’s original distributor and copyright owner. Vernor then tried to sell those copies on eBay. Autodesk asserted that this sale of the copies violated Autodesk’s exclusive rights under the Copyright Act to distribute the software. So Vernor filed suit to ask the court to declare that such sales were not infringing. (Cases like these, where the accused goes on a preemptive offensive, are called declaratory judgment actions.)

The trial court found in Vernor’s favor. Autodesk sought review with the Ninth Circuit. On appeal, the court reversed, holding that Vernor could not rightly assert that his conduct was protected under copyright law’s first sale doctrine, and that Vernor’s customers’ installation of the software was not protected by the essential step defense.

These defenses failed because the court found that Vernor (and his customers) were merely licensees of the software, not owners.

The Software License Agreement

When Autodesk sold the software to CTA (the company from whom Vernor bought the discs before trying to sell them on eBay), it included a shrinkwrap license agreement, as well as a screen containing the same terms that appeared during the installation agreement.

The agreement provided, among other things, that the software was being provided under a limited license and that Autodesk retained ownership of the copyright in the software. It also placed onerous restrictions on the use and transfer of the software, e.g., the user could not rent, lease or transfer it to other users, or transfer it out of the Western Hemisphere, either physically or electronically.

The first sale doctrine

In general, the owner of a copyright in a work has the exclusive right to determine how copies of the work are distributed. The century-old first sale doctrine, however, is an exception to this general rule.

Under Section 109 of the Copyright Act (17 USC 109), the “owner of a particular copy” of a work may sell or dispose of his or her copy without the copyright owner’s authorization. Selling the copy of a painting you by at an art auction, for example, should not subject you to copyright infringement.

The essential step defense

The Copyright Act also provides that the owner of the copyright in a work has the exclusive right to make copies of the work. But there’s an exception to that exclusivity when it comes to software — the RAM copy made when the software is being used, according to Section 117 of the Copyright Act, cannot give rise to an infringement if that copying is being done by the “owner of a copy” of the software as an “essential step” in using the program.

The lower court’s decision

Vernor won at the lower court level because the court held that he was the “owner” of the copies of software he had bought, and therefore was protected by the first sale doctrine. His customers, also as owners, would be protected by the essential step defense.

Why these defenses failed

The court of appeals held otherwise, namely, that Vernor (as well as the company from whom he had bought the copies, and his customers) were merely licensees and not owners of the software. Only “owners” can claim protection under the first sale doctrine and the essential step defense.

The court looked to the circumstances surrounding the transfer of the software, and formulated the following test to determine that a software user is merely a licensee when the copyright owner: (1) specifies that the user is granted a license, (2) significantly restricts the user’s ability to transfer the software, and (3) imposes notable use restrictions.

In this case, all these criteria were met. Since neither Vernor nor the company he bought the software from were “owners,” these defenses were not available.

Room for criticism

The decision is subject to criticism in a number of ways. First, it might go against the sensibilities of many ordinary folks who think, quite naturally, that when you buy something (like a CD containing software), you own it. This case confirms that that is not always the case.

A second possible criticism is how the case makes possible some strange situations not involving software. What’s to stop hard copy book publishers from entering into shrinkwrap agreements with people who buy the books, purporting to retain ownership and calling the arrangement a license, while placing restrictions on use and transfer? Under the test in this case, it could be an infringement to lend or sell or otherwise distribute that book. Seems like a dangerous way to lock up information. But I guess it’s better than including curses as DRM.

Finally, the case lends itself to criticism in the way it gives great power to the software companies to really tie up tangible media to the detriment of consumers. Once an application has been sold once, where’s the harm to the software company if it’s transferred to someone else? The company has already been paid once, why must it insist on getting paid again? This grabbiness is really no surprise, though, especially when one sees that the likes of the Business Software Alliance joined as amici on the side of Autodesk.

In any event, tangible media for software is becoming a thing of the past. To the extent this case allows some negative consequences, the move to the cloud will mitigate that negativity.

Righthaven seeks domain name transfer – relief that is not called for under the Copyright Act

Tactics suggest overreaching on more than just copyright grounds.

News broke over the Labor Day weekend that Righthaven, that enterprise set up to file copyright lawsuits over alleged infringements of articles from the Las Vegas Review-Journal, sued Nevada senate candidate Sharron Angle. The complaint [PDF] contains two claims for copyright infringement over allegations that Angle posted two articles on her website without authorization.

Let’s set aside for a moment any objections or snickering we might have about Righthaven’s approach, or any disdain we may feel about spamigation in general. There’s one paragraph in the Angle complaint which demonstrates a plaintiff mindset that is over the top on just about any reasonable scale.

In addition to the ususal demands for copyright infringement relief in the complaint (e.g., statutory damages, costs, attorney’s fees, injunction, etc.), Righthaven asks that the court:

[d]irect the current domain name registrar, Namesecure, and any successor domain name registrar for the Domain to lock the Domain and transfer control of the Domain to Righthaven.

Say what?

This is a copyright lawsuit, not one for trademark infringement or cybersquatting. Nothing in the Copyright Act provides the transfer of a domain name as a remedy. Such an order would be tantamount to handing the whole website over to Righthaven just because there may have been a couple of infringing items.

The Copyright Act does provide for the impounding and disposition of infringing articles (See 17 USC 503). So it’s plausible that a court would award the deletion of the actual alleged infringing articles. Or if it wanted to be weirdly and anachronistically quaint about it, could order that the infringing files on the server be removed and somehow destroyed in a way additional to just being deleted. In any event, there’s no basis for a court to order the transfer of a domain name as a result of copyright infringement.

I’ll let you, the reader, decide what you will about Righthaven. But if you decide that their tactics are silly, and in some cases uncalled-for, you won’t be alone.

Enhanced by Zemanta