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Tech Law Journal |
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Editor's Notes: SCOTT P. COOPER (State Bar No. 96905) CHRISTOPHER WOLF WILLIAM M. HART Attorneys for Plaintiffs UNITED STATES DISTRICT COURT
[begin page 1] Plaintiffs Adobe Systems Incorporated; Autodesk Inc.; Corel Corporation; Macromedia, Inc.; Microsoft Corporation; Network Associates, Inc.; and Symantec Corporation (collectively, "Plaintiffs"), for their Complaint against Defendants Keith Moore a/k/a W4C-Abel, Anne M. Pashalidis a/k/a W4C-Pandy, Aleida Del Toro a/k/a W4C-Sybr, Todd and Michael Clare a/k/a Mr. Lamer, Basil and Suler Abou a/k/a W4C-Appz, Merritt Carr a/k/a Watson 46, Roman Freyman a/k/a space, Josh Geldermann a/k/a Joshiebot, Brian Gochenaur a/k/a Cleefus, Jeff Grodzienski a/k/a W4C-Krypto, M. Hekmat a/k/a Bunny (Canada), Evan James a/k/a LordChaos, Robert Kitchell a/k/a Lemont, Kenneth Kushman a/k/a RexRod, Alice Lo a/k/a pong96, Shahla Masoumi a/k/a firestruc (Canada), Patricia Moore a/k/a [888], Alfred Ramirez a/k/a W4C-SoNoX, Silvia Reyess a/k/a W4C-Meth and W4C-Silk, I. Sack a/k/a qtwre (Canada), Ronville Savoury a/k/a Agent_99, Brian Waitrovich a/k/a Madtek, and John Doe I a/k/a Quarterdeck (collectively, "Defendants"), allege as follows: NATURE OF THE ACTION 1. This is an action for copyright infringement brought by seven of the leading developers of business software products against individuals who are using the Internet to illegally distribute unauthorized copies of Plaintiffs' popular and valuable commercial computer programs ("Plaintiffs' Software Products"). Using sophisticated, new, high-speed technology, based on the use of an Internet Relay Chat ("IRC") channel that allows the downloading of large quantities of information in a very short period of time, each of the Defendants (other than those Defendants whose computer hard drives have been seized by order of this Court), concealing their identities by using aliases, has offered and continues to offer software products copyrighted by Plaintiffs for free downloading by anyone in the world who accesses the Internet channel where Defendants' infringing activities are occurring. Such wholesale copying and software distribution not only fosters the low or no-cost use of unauthorized copies of valuable software products, it undermines the legitimate market for Plaintiffs' products. 2. A fledgling industry in unauthorized copies of business software products is [begin page 2] emerging on the Internet. Because of the new, high-speed technology that allows the extremely quick transfer of huge amounts of data through cable modems and Digital Subscriber Lines ("DSL"), both of which Defendants are using to offer and deliver unauthorized copies of Plaintiffs' Software Products over the Internet on an IRC channel called "warez4cable," Defendants' conduct and their proliferation of unauthorized copies threatens to become widespread. Its deleterious impact on the software market is obvious. To bring Defendants' illicit action to a halt, Plaintiffs seek an injunction against the Defendants' unauthorized copying and distribution of their products, and damages for the infringements that have occurred to date. PARTIES 3. Plaintiff Adobe Systems Incorporated ("Adobe") maintains its headquarters and principal place of business in San Jose. It is a corporation organized under the laws of the State of Delaware. Copyright registrations for Adobe works being infringed by Defendants are annexed as Exhibits 1-11. 4. Plaintiff Autodesk Inc. ("Autodesk") has its principal place of business in San Rafael. It is a Delaware corporation. Copyright registrations for Autodesk works being infringed by Defendants are annexed as Exhibits 12 and 13. 5. Plaintiff Corel Corporation ("Corel") is a Canadian corporation. Its principal place of business is located in Ottawa, Ontario. Copyright registrations for Corel works being infringed by Defendants are annexed as Exhibit 14. 6. Plaintiff Macromedia, Inc. ("Macromedia") maintains its corporate headquarters and principal place of business in San Francisco. It is a Delaware corporation. Copyright registrations for Macromedia works being infringed by Defendants are annexed as Exhibits 15-19. 7. Plaintiff Microsoft Corporation ("Microsoft") is a Washington corporation with its principal place of business located in Redmond, Washington. Copyright registrations for Microsoft works being infringed by Defendants are annexed as Exhibits 20-29. 8. Plaintiff Network Associates, Inc. ("Network") is headquartered and maintains its [begin page 3] principal place of business in Santa Clara. It is incorporated in Delaware and was formerly known as McAfee Associates Inc. Copyright registrations for Network works being infringed by Defendants are annexed as Exhibit 30. 9. Plaintiff Symantec Corporation ("Symantec") is headquartered and maintains its principal place of business in Cupertino. It is incorporated in Delaware. Copyright registration s for Symantec works being infringed by Defendants are annexed as Exhibits 31-34. 10. On information and belief, the "warez" label on the IRC channel being used by Defendants is Internet "slang" for a site containing unauthorized or "pirated" software. 11. Defendant Keith Moore resides at 2929 Routier Road #206, Sacramento, CA 95827. He operates on-line on the "warez4cable" IRC channel under the alias W4C-Abel. Moore has infringed the following copyrighted Plaintiffs' Software Products, among others, Adobe Dimensions 3; Adobe Illustrator 7; Adobe Illustrator 8; Adobe Image Ready; Adobe PageMaker 6.5; Adobe Photoshop 4; Adobe Photoshop 5; Adobe Premiere 5; Adobe Streamline 4; Autodesk 3D Studiomax; Corel WordPerfect 8; Macromedia Director 7; Macromedia Fireworks; Macromedia Freehand 8; Microsoft Office 2000; Microsoft Office 97; Microsoft Publisher 98; Symantec Ghost 2000 and Symantec Norton Antivirus 5. 12. Defendant Anne M. Pashalidis also resides at 2929 Routier Road #206, Sacramento, CA 95827. She operates on-line on the "warez4cable" IRC channel under the alias W4C-Pandy. Pashalidis has infringed the following of Plaintiffs' Software Products, among others: Adobe Acrobat 3; Adobe Dimensions 3; Adobe Illustrator 7; Adobe Illustrator 8; Adobe Image Ready; Adobe PageMaker 6.5; Adobe Photoshop 4; Adobe Photoshop 5; Adobe Premiere 5; Adobe Streamline 4; Autodesk 3D Studio Max; Corel WordPerfect 8; Macromedia Director 7; Macromedia Dreamweaver 2; Macromedia Fireworks; Macromedia Freehand 8; Microsoft Front Page 98; Microsoft Office 2000; Microsoft Office 97; Microsoft Publisher 98; Microsoft Visual Basic 5; Microsoft Visual Basic 6; Microsoft Visual C++5; Microsoft Visual J++; Network Firewall; Symantec Ghost 2000 and Symantec Norton Antivirus 5. 13. Defendants Aleida and Alex Deltoro reside at 9130 South Manzanar Avenue, [begin page 4] Downey, CA, and operate on-line on the "warez4cable" IRC channel as W4C-Sybr. The Del Toros have infringed the following Plaintiffs' Software Products, among others: Adobe Photoshop 5; Autodesk AutoCad 2000; Macromedia Dreamweaver 2; Macromedia Flash 4; Microsoft Office 97; Microsoft Visual Basic 3; Microsoft Visual Basic 5; Microsoft Visual C++5 and Microsoft Visual Studio 6; Symantec Ghost 2000; Symantec Norton Antivirus 2000 and Symantee PcAnywhere 8. 14. Defendants Todd and Michael Clare reside at 6457 West Bloomfield, West Bloomfield, MI. They operate on-line on the "warez4cable" IRC channel under the alias Mr. Lamer. The Clares have infringed the following Plaintiffs' Software Products, among others: Adobe Acrobat 3; Adobe After Effects 4; Adobe Illustrator 8; Adobe Pagemaker 6.5, Adobe Photoshop 5.5; Adobe Premiere 5; Microsoft Front Page 2000; Microsoft Frontpage 98, Microsoft Money 99; Microsoft Office 2000; Microsoft Visual Basic 5; Microsoft Visual Studio 6; Symantec Norton Antivirus 5 and Symantec PcAnywhere 9. 15. Defendants Basil and Suler Abou reside at 2223 Highbury Drive, Troy, MI. They operate on-line on the "warez4cable" IRC channel under the alias W4C-Appz. The Abous have infringed the following Plaintiffs' Software Products, among others: Adobe Photoshop 5; Adobe Photoshop 5.5; Autodesk 3D Studio Max; Macromedia Fireworks; Macromedia Flash 4; Microsoft Front Page 98; Microsoft Office 97; Microsoft Publisher 98; Microsoft Visual Basic 5; Microsoft Visual C++5; Symantec Norton Utilities 4 and Symantec PcAnywhere 8. 16. Defendant Merritt Carr resides at 808 Aspen Lane, DeSoto, TX 75115. He operates on-line on the "warez4cable" IRC channel under the alias Watson46. Mr. Merritt has infringed the following Plaintiffs' Software Products, among others: Adobe Acrobat 4; Adobe Illustrator 8; and Adobe Photoshop 5. 17. Defendant Roman Freyman resides at 3132 Summers Rd., Keego Harbor, MI 48320. He operates on-line on the "warez4cable" IRC channel under the alias space. Mr. Freeman has infringed the following Plaintiffs' Software Product, among others: Macromedia Flash 4. 18. Defendant Josh Geldermann resides at 7800 Mayan Ct., Dublin, CA 94568. He operates on-line on the "warez4cable" IRC channel under the alias Joshiebot. Mr. Geldermann has infringed the following Plaintiffs' Software Products, among others: Autodesk AutoCAD 14; Macromedia Flash 4 (3); Microsoft FrontPage 98; Microsoft Money 2000 (99); Microsoft Money 99; Microsoft Visual Studio 6; and Symantec Norton 2000. 19. Defendant Brian Gochenaur resides at 512 SE 211 St., Gainesville, FL 32601. He operates on-line on the "warez4cable" IRC channel under the alias Cleefus. Mr. Gochenaur has infringed the following Plaintiffs' Software Products, among others: Adobe Photoshop 5; Autodesk 3D Studio Max (2.5) (3.0); and Microsoft Visual C++5. 20. Defendant Jeff Grodzienski resides at 752 NW 132 TER, Plantation, FL 33325. He operates on-line on the "warez4cable" IRC channel under the alias W4C-Krypto. Mr. Grodzienski has infringed the following Plaintiffs' Software Product, among others: Microsoft Visual Studio 6. 21. Defendant M. Hekmat resides at 53 Beechwood Ave., Willowdale, ON. He operates on-line on the "warez4cable" IRC channel under the alias Bunny (Canada). Mr. Hekmat has infringed the following Plaintiffs' Software Products, among others: Adobe Acrobat 3 and Adobe Photoshop 5. 22. Defendant Evan James resides at 41 Yale Loop, Irvine, CA 92604. He operates on-line on the "warez4cable" IRC channel under the alias LordChaos. Mr. James has infringed the following Plaintiffs' Software Products, among others: Adobe Illustrator 8 and Adobe Photoshop 5.5 (5.0 for Mac & PC). 23. Defendant Robert Kitchell resides at Rt. 2, Walden Hill Rd., Danville, VT. He operates on-line on the "warez4cable" IRC channel under the alias Lemont. Mr. Kitchell has infringed the following Plaintiffs' Software Products, among others: Microsoft Office 97; Microsoft Visual Basic 5 (3); and Symantec Norton Antivirus 5 (4.0). 24. Defendant Kenneth Kushman resides at 3037 Kentshire Circle, Naperville, IL 60564. He operates on-line on the "warez4cable" IRC channel under the alias RexRod. Mr. [begin page 6] Kushman has infringed the following Plaintiffs' Software Products, among others: Adobe Dimensions 3; Macromedia Fireworks; Macromedia Flash 4; Microsoft Money 2000; Microsoft Office 2000; Microsoft Visual Studio 6; Symantec Ghost 2000; Symantec Norton Antivirus 2000; and Symantec Norton Utilities 2000. 25. Defendant Alice Lo resides at 1141 South 2nd St., Alhambra, CA 91801. She operates on-line on the "warez4cable" IRC channel under the alias pong96. Ms. Lo has infringed the following Plaintiffs' Software Products, among others: Macromedia Flash 4 (3) and, Microsoft Visual Basic 5 (3). 26. Defendant Shahla Masoumi resides at 30 Esterbrooke Ave., Willowdale, ON, Masoumi operates on-line on the "warez4cable" IRC channel under the alias firestruc (Canada). Massoumi has infringed the following Plaintiffs' Software Products, among others: Adobe After Effects 4 (Mac 3.0) (PC 3.1); Adobe After Effects Dimensions; Adobe Dimensions 3; Adobe Premiere 5; Adobe Streamline; Autodesk 3D Studio Max (2.5) (3.0); Microsoft FrontPage 98; .Microsoft Money 99; Microsoft Office 97; Microsoft Publisher 98; Microsoft Visual Basic 6; Symantec Norton Antivirus 2000 (4.0); Symantec Norton Antivirus 5 (4.0); Symantec Norton Utilities 2000 (2.0); and Symantec Norton Utilities 4 (2.0). 27. Defendant Patricia Moore resides at 1400 Darwin Dr., Oceanside, CA 92056, She operates on-line on the "warez4cable" IRC channel under the alias [888]. Ms. Moore has infringed the following Plaintiffs' Software Products, among others: Microsoft Visual Basic 6; Microsoft Visual J++ (6 Pro Ed.); and Microsoft Java++. 28. Defendant Alfred Ramirez resides at 9127 S. Manzanar Ave., Downey, CA 90240. He operates on-line on the "warez4cable" IRC channel under the alias W4C-SoNoX. Mr. Ramirez has infringed the following Plaintiffs' Software Products, among others: Macromedia Flash 4 and Microsoft Office 97. 29. Defendant Silvia Reyess resides at 7390 E. Neo St. #12, Downey CA 90241. She operates on-line on the "warez4cable" IRC channel under the aliases W4C-Meth and W4C-Silk. Ms. Reyess has infringed the following Plaintiffs' Software Products, among others: Adobe Photoshop 5; Macromedia Flash 4; Microsoft Visual Basic 5; Microsoft Visual. C++5. 30. Defendant 1. Sack resides at 1690 Truscott Dr., Mississauga, ON. Sack operates on-line on the "warez4cable" IRC channel under the alias qtwre (Canada). Sack has infringed the following Plaintiffs' Software Products, among others: Adobe [begin page 7] Premiere 5; Autodesk AutoCAD 2000; Macromedia. Flash 4 (3); and Symantec Norton AntiVirus for NT4. 31. Defendant Ronville Savoury resides at 122 Day St., Apt. 12, Fitchburg, MA. He operates on-line on the "warez4cable" IRC channel under the alias Agent_99. Mr. Savoury has infringed the following Plaintiffs' Software Products, among others: Adobe Photoshop 5.5 (5.0 for Mac & PC); Symantec Norton Antivirus 2000 (4.0); Symantec Norton AntiVirus Corp Edition; and Symantec Norton Utilities 2000 (2.0). 32. Defendant Brian Waitrovich resides at 1017 Bluff Ave., Kingsford, MI. He operates on-line on the "warez4cable" IRC channel under the alias Madtek. Mr. Waitrovich has infringed the following Plaintiffs' Software Products, among others: Adobe Photoshop 5.5 (5.0 for Mac & PC). 33. Defendant John Doe I resides in Illinois. He operates on-line on the "warez4cable" IRC channel under the alias Quarterdeck. Quarterdeck has infringed the following Plaintiffs' Software Products, among others: Adobe Illustrator 8; Adobe, Pagemaker 6.5; Adobe Photoshop 5; Adobe Premiere 4; Autodesk AutoCad 14; Autodesk AutoCad 2000; Corel WordPerfect 2000; Corel WordPerfect 8; Microsoft Money 99; Microsoft Office 97; Microsoft Publisher; Microsoft Publisher 98; Microsoft Visual Basic 5; Microsoft Visual J++; Microsoft Visual Studio; Microsoft Visual Studio 6; Symantec Norton Ghost (5.0); Symantec Norton Utilities 4; Symantec PcAnywhere 8. 34. Upon information and belief, Defendants are acting in concert on the "warez4cable" IRC channel by offering and exchanging unauthorized copies of Plaintiffs' Software Products and causing, facilitating and inducing the infringing acts of others. JURISDICTION AND VENUE 35. This Court has original and exclusive jurisdiction over this action for copyright [begin page 8] infringement pursuant to 28 U.S.C. §§ 1331 and 1338. 36. Venue is proper in this Court under 28 U.S.C. § 1400(a). FACTS COMMON TO ALL COUNTS I. The Internet Allows The Instantaneous Worldwide Reproduction And Transmission Of Verbatim Copies Of Plaintiffs' Business Software Products 37. The Internet is a worldwide network of millions of computers that has become a widely used means of global communication. Through the Internet, data, text, graphics, audio, and video information and recordings are quickly and routinely transmitted to nearly anyone with access to a computer and a modem. Internet usage has become commonplace in businesses, schools and in millions of homes worldwide. 38. Information transferred over the Internet is sent in "digitized" form. This means that identical copies of virtually any type of information -- including complex business software packages -- can be reproduced and transmitted across the Internet. Once "uploaded" to the Internet (i.e., reproduced on a file server connected to the Internet), software packages consisting of the same programs that can (and should) be purchased through legitimate, authorized commercial dealers can be "downloaded" by Internet users (i.e., reproduced onto and distributed to the users' computer) for use or further unauthorized copying and/or distribution. 39. Advancements in compression technologies, coupled with the proliferation of more user-friendly software to operate high-speed cable and DSL access to the Internet, have made it possible to distribute unauthorized copies of software in intangible form via the Internet in volume, relatively quickly and efficiently and at virtually no cost. An IRC channel, such as the one Defendants use, is a multi-user communication system on which several persons can simultaneously participate in a discussion over a particular "channel," or even multiple channels. There is no restriction on the number of people who can participate, in "real time," in a given discussion, or the number of channels that can be formed over the IRC channel. Defendants are utilizing the new, high-speed technology and the atmosphere of easy communication provided by the IRC channel to transfer unauthorized software products via the Internet to an unlimited [begin page 9] number of people. This transfer of software occurs without Defendants having to set up or maintain Web sites; that makes Defendants' presence in cyberspace much more ephemeral than the average Internet infringer who posts unauthorized copies of copyrighted works to a Web site. II. Piracy Of Copyrighted Business Software Products On The Internet 40. Unauthorized copying and distribution of works of intellectual property, such as software products, is becoming a pervasive problem on the Internet. The basic nature of the copyright infringement (i.e., unauthorized copying and distributing) is familiar; given the speed and ease of reproducing and widely distributing information on the Internet, however, the potential harm to copyright owners is exponentially greater than the threat posed by traditional acts of infringement. 41. The extensive misuse of the Internet for unlawful purposes is in part due to the nature of the medium. The ease with which information can be copied to and from Internet sites, the simplicity of efficiently downloading ever-larger files based on improved data compression technologies, and the relatively minor cost to a user of communicating with an audience of millions create unparalleled opportunities for copyright infringement. The relative anonymity with which Internet communications may be conducted further facilitates illegal conduct. 42. Unscrupulous Internet users can covertly copy and transmit to the Internet copyrighted software products (in which they have no rights and which they have no authority to copy or distribute) thereby making available to a worldwide audience, identical reproductions of copyrighted works that can be and are further copied, distributed and used by others in virtually unlimited, and entirely uncontrolled, fashion. 43. The industry estimates that financial losses from traditional piracy cost the business software industry approximately $11 billion a year. In the United States alone, annual losses are estimated to be $2.8 billion. With the explosive growth of the Internet, these figures may be dwarfed by the type of online piracy at issue in this case unless such acts of wholesale copying and distribution of copyrighted works is deterred by the courts, applying well-established principles of copyright law to infringing online conduct. [begin page 10] III. Defendants' Unlawful Online Copying And Distribution Of Plaintiffs' Products 44. Using the methods described above, the Defendants are using the "warez4cable" channel daily as a pipeline to provide "warez4cable" users with a vast number of different business software products that are being copied and distributed, without authorization, to a potential market of millions of Internet users. By identifying their computers on the "warez4cable" channel as having "fserves," these Defendants, all of whom use aliases, indicate to other Internet users that their computers can be readily accessed to obtain and download whatever software Defendants are making available on their "fserves." These software products are identified on the "warez4cable" channel by their recognized commercial brand names (e.g., Adobe Photoshop 5.0, Microsoft Publisher 98). 45. Users of the "warez4cable" channel can download compressed computer files which, when executed, contain the installation files for Plaintiffs' Software Products. Once downloaded and executed, the unauthorized copies of Plaintiffs' Software Products available on the "warez4cable" channel are identical to the legitimate software products distributed commercially by Plaintiffs. 46. None of the Plaintiffs ever authorized any of the Defendants to copy, offer and distribute any of Plaintiffs' Software Products on the Internet. 47. In certain instances, the copies offered by Defendants have been tampered with to delete certain lines of code or features which may adversely affect the operation or functionality of the spurious copies being made and offered by Defendants. COUNT ONE Copyright Infringement Under 17 U.S.C. §§ 101 et seq. 48. Paragraphs 1-47 above are realleged as if fully set forth herein. 49. Plaintiffs are the owners of Plaintiffs' Software Products and have the exclusive right to copy, distribute and transmit them in the United States. Plaintiffs' Software Products are original works, copyrightable under the Copyright Act. [begin page 11] 50. At all times relevant herein, Plaintiffs have complied with the Copyright Act, 17 U.S.C. §§ 101, et seq., and have secured the exclusive rights and privileges in and to the copyrights in Plaintiffs' Software Products. 51. Defendants have, without authorization from the Plaintiff copyright owners, copied, distributed, disseminated and/or otherwise exploited unauthorized copies of Plaintiffs' Software Products on the Internet. Plaintiffs have not licensed any of the Defendants to reproduce or distribute any of Plaintiffs' Software Products in any manner whatsoever. 52. By posting unauthorized copies of Plaintiffs' Software Products on the "warez4cable" channel, Defendants have actively engaged in, aided, encouraged materially, contributed to, and abetted the unauthorized copying and distribution of Plaintiffs' Software Products by others. 53. Defendants' acts constitute direct and/or contributory infringements of Plaintiffs' respective copyrights in Plaintiffs' Software Products in violation of 17 U.S.C. §§ 101, et seq. 54. Upon information and belief, Defendants' infringements have been committed willfully, and have been and are being engaged in with total disregard for Plaintiffs' intellectual property rights. 55. Defendants' direct and/or contributory copyright infringement has caused, and will continue to cause, Plaintiffs to suffer substantial injuries, loss and damage to their exclusive rights in Plaintiffs' Software Products. The precise amount of Plaintiffs' damages is difficult, if not impossible, to ascertain. 56. Defendants' direct and/or contributory copyright infringement, and the threat of continuing infringement, has caused, and will continue to cause, Plaintiffs severe and irreparable injury. Plaintiffs' remedy at law is inadequate to compensate them for the injuries already inflicted and further threatened by Defendants. Therefore, Defendants should be enjoined pursuant to 17 U.S.C. §§ 101, et seq. [begin page 12] PRAYER FOR RELIEF WHEREFORE, Plaintiffs respectfully request the following relief: 1. That the Court issue preliminary and permanent injunctions restraining Defendants their agents, servants, employees, representatives, successors, and assigns, and all other persons, firms or corporations acting in concert, privity or participation with them from: a. reproducing, copying, duplicating, disseminating, publishing, transmitting, distributing, displaying, storing, uploading, downloading, offering or making available any unauthorized copies of Plaintiffs' Software Products, in whole or in part. For the purposes of this Order, the prohibitions set forth in this paragraph shall include the placement of an unauthorized copy of any of Plaintiffs' Software Products into a computer's hard drive or other storage device; scanning any of Plaintiffs' Software Products into a digital file; "uploading" a digital file containing any of Plaintiffs' Software Products from the computer to a bulletin board system, chat room, IRC or other server; and "downloading" a digital file containing any of Plaintiffs' Software Products from a bulletin board system, chat room, IRC, or other server to a computer; b. Removing, disposing, discarding, transferring, modifying or deleting in any manner any computer software, computer hardware, or other data used in connection with the Original Defendants' copying of Plaintiffs' Software Products, including but not limited to records, logs or other documents, in any media, that relate to or constitute the unauthorized copying, reproduction, duplication, dissemination or distribution of any of Plaintiffs' Software Products or that reflect the identity of any persons to whom or from whom Defendants transmitted and/or obtained any unauthorized copies of Plaintiffs' Software Products; c. Assisting, aiding or abetting any other person or business entity from engaging in or performing any of the above-described acts; and [begin page 12] 2. That the Court issue an order requiring each of the Defendants to file with this Court and serve on Plaintiffs within ten (10) days after service of the preliminary injunction, a report, in writing, under oath, setting forth in detail the manner and form in which the Original Defendants have complied with the preliminary injunction; 3. That the Court issue an Order impounding for the duration of this action any materials found to have been made or used by the Defendants in violation of Plaintiffs' exclusive rights and that all such impounded materials be destroyed as part of a final judgment or decree pursuant to 17 U.S.C. § 503; 4. That Plaintiffs be awarded their actual damages and/or a disgorgement of Defendants' profits, direct and indirect, for Defendants' copyright infringements in an amount to be determined at trial or in lieu thereof, should Plaintiffs or any of them so elect, an award of statutory damages, pursuant to 17 U.S.C. § 504(c), against each Defendant, to be increased to the maximum permitted by law, for their acts of willful infringement; 5. That the Court issue an order requiring the Defendants to file with this Court and serve on Plaintiffs within ten (10) days after service of the permanent injunction, a report, in writing, under oath, setting forth in detail the manner and form in which Defendants have complied with the permanent injunction; 7. That the Court award Plaintiffs their costs, including attorneys' fees, pursuant to 17 U.S.C. § 505; and 8. That the Court grant such other and further relief as it deems just and proper. |
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