This section contains the nature of the case and procedural background.

The Denver Post published a photograph of a TSA Agent performing an enhanced pat-down search at Denver International Airport. The copyright in this photograph was originally held by MediaNews Group, Inc., the Denver Post's parent company. Eventually, the copyright was transferred to P who registered the Work with the federal Copyright Office on December 10, 2010. Shortly thereafter, P filed fifty-seven lawsuits each alleging copyright infringement in violation of the anti-infringement provisions of federal copyright law. D was among those caught in the dragnet. D had displayed the Work on his website, itmakessenseblog.com, without seeking or receiving permission to do so from P. P filed suit against D. On May 17, 2011, D filed a Motion to Dismiss for Lack of Subject Matter Jurisdiction.

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