In a town of secrets and surprises almost no one in Hollywood likes to keep secrets as tightly held like Marvel. So it is no wonder they want to find out how and who leaked the trailer to The Avengers: Age of Ultron two weeks ago. What is surprising is how quickly a federal judge granted the Disney-owned company’s request for a subpoena against Google to do just that.
“YOU ARE COMMANDED to produce at the time, date, and place set forth below the following documents, electronically stored information, or objects, and to permit inspection, copying, testing, or sampling of the material,” Google was told yesterday (read it here). This comes a day after Marvel requested a far-reaching subpoena to probe the October 22 leak.
The November 5 issued subpoena says Google has to bring to court “all identifying information for the user ‘John Gazelle’ ” on November 18 in San Francisco. But Marvel doesn’t get to reach as deep into Google as it wanted. Judge Richard Wieking did not grant Marvel’s request to “permit entry onto the designated premises, land, or other property possessed or controlled by you at the time, date, and location set forth.”
Similar to how Lionsgate went after tech companies after its Expendables 3 pic appeared online during this year’s Comic-Con and ahead of its theatrical release Marvel clearly wants to whack this mole hard. They want “the IP address from which the file named ‘ap-tlr-l_int_360p.mp4’ and containing content known as Avengers: Age of Ultron was uploaded to the Google Drive Site” and everything else they can get on this John Gazelle. One has to assume the company thinks they are looking for an infringer either inside Marvel or Disney or a production house handling the prized trailer. After the leak, Marvel dropped the official version of the trailer the same day — days ahead of its schedule debut.
As previously filed court documents reveal, Marvel lawyers first contacted Google on October 22 about the leak via a “good faith” email to have the trailer removed and obtain information. That email was followed up by a detailed November 4 declaration filing from Marvel’s Executive Director, Global Security & Content Protection Matthew Slatoff for the subpoena under the Digital Millennium Copyright Act.
MVL Film Finance LLC is represented by Daniel Scott Schecter and Robert Ellison of LA firm Latham & Watkins LLP.