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3939/53185-005 NYLIB1/1144378 v1 01/14/00 04:14 PM (16245)
Leon P. Gold (LG-1434)
William M. Hart (WH-1604)
PROSKAUER ROSE LLP
1585 Broadway
New York, New York 10036
(212) 969-3000 Telephone
(212) 969-2900 Facsimile
Jon A. Baumgarten (pro hac vice admission to be applied
for)
PROSKAUER ROSE LLP
1233 20th Street, N.W., Suite 800
Washington, DC 20036-2396
(202) 416-6800 Telephone
(202) 416-6899 Facsimile
Attorneys for Plaintiffs
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK |
||
| UNIVERSAL CITY STUDIOS, INC.; PARAMOUNT PICTURES CORPORATION; METRO-GOLDWYN-MAYER STUDIOS INC.; TRISTAR PICTURES, INC.; COLUMBIA PICTURES INDUSTRIES, INC.; TIME WARNER ENTERTAINMENT CO., L.P.; DISNEY ENTERPRISES, INC.; AND TWENTIETH CENTURY FOX FILM CORPORATION, Plaintiffs, v.
SHAWN C. REIMERDES; ERIC CORLEY A/K/A Defendants. ___________________________________________ |
) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) |
00 Civ. 277 (LAK)(RLE) ORDER TO SHOW CAUSE |
Upon the annexed Complaint of plaintiffs Universal City Studios, Inc.; Paramount Pictures Corporation; Metro-Goldwyn-Mayer Studios Inc.; TriStar Pictures, Inc.; Columbia Pictures Industries, Inc.; Time Warner Entertainment Co., L.P.; Disney Enterprises, Inc.; and Twentieth Century Fox Film Corporation (collectively "Plaintiffs"), the Declaration of Fritz Attaway, sworn to January 13, 2000, the Declaration of Michael Ostroff, sworn to January 13, 2000, the Declaration of Bruce E. Boyden, Esq., sworn to January 13, 2000, and Plaintiffs' Memorandum of Law in Support of their Application for a Preliminary Injunction, and good cause being shown therefore;
IT IS HEREBY ORDERED that defendants, Shawn C. Reimerdes, Eric Corley a/k/a Emmanuel Goldstein, and Roman Kazan (collectively "Defendants"), show cause before this Court, at the United States District Court for the Southern District of New York, Room 12D, 500 Pearl Street, New York, New York on January 20, 2000, at 11:00 am, or as soon thereafter as counsel can be heard, why an order should not be entered pursuant to Rule 65 of the Federal Rules of Civil Procedure preliminarily enjoining Defendants, their agents, servants, employees, and all other persons in active concert or privity or in participation with them, during the pendency of this action, from:
(a) posting on any Internet website, or in any other way manufacturing, importing, offering to the public, providing, or otherwise trafficking in DeCSS, and(b) posting on any Internet website, or in any other way manufacturing, importing, offering to the public, providing, or otherwise trafficking in any technology, product, service, device, component, or part thereof, that:
(i) is primarily designed or produced for the purpose of circumventing, or circumventing the protection afforded by, CSS, or any other technological measure adopted by Plaintiffs that effectively controls access to Plaintiffs' copyrighted works or effectively protects the Plaintiffs' rights to control whether an end user can reproduce, manufacture, adapt, publicly perform and/or distribute unauthorized copies of their copyrighted works or portions thereof,(ii) has only limited commercially significant purpose or use other than to circumvent, or to circumvent the protection afforded by, CSS, or any other technological measure adopted by Plaintiffs that effectively controls access to Plaintiffs' copyrighted works or effectively protects the Plaintiffs' rights to control whether an end user can reproduce, manufacture, adapt, publicly perform and/or distribute unauthorized copies of their copyrighted works or portions thereof, or
(iii) is marketed by Defendants and/or others acting in concert with them with the knowledge of its use in circumventing, or in circumventing the protection afforded by, CSS, or any other technological measure adopted by Plaintiffs that effectively controls access to the Plaintiffs' copyrighted works or effectively protects the Plaintiffs' rights to control whether an end user can reproduce, manufacture, adapt, publicly perform and/or distribute unauthorized copies of their copyrighted works or portions thereof;
IT IS FURTHER ORDERED that Defendants' papers, if any, in opposition to Plaintiffs' application for a preliminary injunction shall be served by hand on Proskauer Rose LLP, counsel for Plaintiffs, 1585 Broadway, New York, New York, and filed on or before January 19, 2000, at 10:00 am, and Plaintiffs' reply papers, if any, shall be served by hand on counsel for Defendants and filed on or before January 20, 2000, at 9 am;
IT IS FURTHER ORDERED that service of a copy of this Order to Show Cause, the annexed complaint, and all of the papers filed in support of Plaintiffs' application for a preliminary injunction shall be sufficient if served on each Defendant on or before January 14, 2000, by hand, by 5 pm, if possible, or, if not possible, by leaving a copy of those papers at the address listed for each Defendant in the registration for that Defendant's website alleged in the annexed Complaint (the "Registrations"), by sending an electronic copy of those papers to the e-mail address listed as that of a Defendant in the Registrations, and by contacting each of the Defendants at the telephone number listed as that of a Defendant in the Registrations.
_________/ s /___________ |
E N T E R: United States District Judge |
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