That's All Folks! --- Case Closed for now!
On October 5, 2010, the court granted a temporary restraining order against defendants and ordered them to show cause why a preliminary injunction should not issue and why the court should not issue an order of impoundment pursuant to 17 USC §1203(b)(2). Doc #33.
The court held a hearing on the order to show cause on October 12, 2010, and no defendant appeared.
For the reasons explained below, plaintiff Sony Computer Entertainment America’s (“SCEA”) motion for a preliminary injunction and order of impoundment is GRANTED. SCEA and defendants Tom Nooker, Bin Le Zhong, Alex Esquivel and Fai King Fong entered into stipulated preliminary injunctions. Doc ##38, 42, 45, 47. SCEA has not moved for injunctive relief against defendants Vlad Gazoune and HuanRan Lee. The defendants bound by the this preliminary injunction are: Thahn Nguyen, individually and doing business as USATechCity, Ltd (“USATechCity”) and Arthur Bates II, individually and doing business as PSP Pit Stop (“PSP Pit Stop”).
Having considered all the papers and arguments, the court finds that SCEA has established that it is likely to succeed on the merits of its claims for violation of the Digital Millennium Copyright Act and federal trademark law and that it will suffer irreparable harm unless defendants’ violations are enjoined. The court additionally finds that the balance of equity and interests of justice support granting such relief. Furthermore, defendants failed to appear or otherwise show cause why a preliminary injunction and order of impoundment should not issue.
Accordingly, the court orders as follows:
1. Defendants and their officers, employees, attorneys and representatives, and all other persons or entities in privity or acting in concert or participation with defendants, are enjoined from selling, offering for sale, marketing, advertising, promoting, installing, distributing or otherwise trafficking in circumvention devices, including but not limited to any or all of the PS3 Jailbreak devices, any copies or versions of backup manager or any other hardware or software that bypasses technological copyright protection measures in SCEA’s PlayStation®3 computer entertainment system;
2. Defendants shall preserve all communications, including email communications, and other documents relating to their purchase, sale, receipt or distribution of circumvention devices, including but not limited to the PS3 Jailbreak devices, the backup manager or any other hardware or software that bypasses technological copyright protection measures in SCEA’s PlayStation®3 computer entertainment system, and defendants shall not delete, remove, transfer or in any way dispose of such communications and documents;
3. Pursuant to 17 USC § 1203(b)(2), all circumvention devices in defendants’ possession, custody or control are ordered impounded, including any or all of the PS3 Jailbreak devices, any copies or versions of backup manager or any other hardware or software which bypasses technological copyright protection measures in SCEA’s PlayStation®3 computer entertainment system. Defendants shall immediately deliver the devices to SCEA’s attorneys at Townsend and Townsend and Crew LLP, Two Embarcadero Center, Eighth Floor, San Francisco, CA 94111 Attn: Timothy R Kahn, Esq;
4. The $5000 security posted to secure the temporary restraining order, Doc #36, shall suffice as security for this preliminary injunction;
5. Plaintiff shall serve defendants, defendants’ resident agents or counsel with a copy of this order;
6. This order shall remain in effect until further order of the court.