Plaintiff's Proposed TRO and Injuction Order, in DVD CCA v. McLaughlin, Bunner, et al.

([Proposed] Temporary Restraining Order and Order to Show Cause Re: Preliminary Injunction; Dec. 28, 1999)

[4 pages]

WEIL, GOTSHAL & MANGES LLP
JARED B. BOBROW (State Bar No. 133712)
2882 Sand Hill Road
Menlo Park, CA 94025
Telephone: (650) 926-6200
Facsimile: (650) 854-3713

WEIL, GOTSHAL & MANGES LLP
JEFFREY L. KESSLER*
ROBERT G. SUGARMAN*
767 Fifth Avenue
New York, NY 10153
Telephone: (212) 310-8000
Facsimile: (212) 310-8007

Attorneys for Plaintiff
DVD COPY CONTROL ASSOCIATION, INC.

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF SANTA CLARA

___________________

*Pro Hac Vice applications being submitted to the Court.

The Court has reviewed Plaintiff's Complaint, Application for Temporary Restraining Order and Order to Show Cause Re: Preliminary Injunction, the Supporting Declarations and Plaintiff's Supporting Memorandum of Points and Authorities.

It appears to the Court that, unless a Temporary Restraining Order granting appropriate relief is issued immediately before the matter can be heard on notice, irreparable injury would result to Plaintiff, DVD Copy Control Association, Inc. ("DVD CCA"); defendants threaten to do one or more actions in violation of the rights of Plaintiff respecting the subject of the action, tending to render the judgment ineffectual; and pecuniary compensation would not afford adequate relief. Good cause appearing,

IT IS HEREBY ORDERED, that for ____________ (   ) days from the entry of this Order, or until this Court rules on Plaintiff's pending Application Re: Preliminary Injunction, whichever occurs first, the named defendants and DOES 1-500, and their officers, directors, principals, agents, servants, employees, attorneys, successors and assigns, representatives and all persons acting in concert or participation with them, are enjoined from making any further use of or otherwise disclosing or distributing, on their web sites or elsewhere, or knowingly "linking" to other web sites which disclose, distribute or "link" to, any proprietary information or property or trade secrets relating to the Content Scramble System ("CSS") technology, and specifically enjoining Defendants, their officers, directors, principals, agents, servants, employees, attorneys, successors and assigns, representatives and all persons acting in concert or participation with them from copying, duplicating, licensing, selling, distributing, publishing, leasing, renting or otherwise marketing any and all products containing, using and/or substantially derived from CSS proprietary information or property or trade secrets.

IT IS FURTHER ORDERED that the named defendants and DOES 1-500, inclusive, and each of them, appear at Santa Clara Superior Court, Department , San Jose, California, on January ____________, 2000 at or as soon thereafter as the matter may be heard, to show cause, if any they have, why the injunction and restraints sought in Plaintiff's proposed preliminary injunction should not be entered against defendants, their principals, agents, servants, employees, attorneys, successors and assigns, representatives and all persons acting in concert or participation with them, during the pendency of this action, together with any other injunctive relief as appropriate.

IT IS FURTHER ORDERED that a copy of this Order, Plaintiff's Application for Temporary Restraining Order and Order to Show Cause, and all supporting papers, be served upon defendants not later than January ____________, 2000. All defendants who reside in the United States, and as to whom Plaintiff has identified a street address or post office box, are to be served by return-receipt mail via the United States mail. Additionally, all defendants who reside outside of the United States shall be served under procedures applicable to such service. Plaintiff will also effect service of the above-mentioned papers on all defendants by sending the papers via e-mail to their web site addresses. Any defendants discovered after the date of this Order are to be served in the same manner.

IT IS FURTHER ORDERED that defendants serve by (i) personal delivery upon or transmittal of facsimiles to Jared B. Bobrow, Esq. at the of fices of Weil, Gotshal & Manges LLP, attorneys for Plaintiff, 2882 Sand Hill Road, Menlo Park, CA 94025, telephone number 650-926-6200, facsimile number 650-854-3713, or (ii) by e-mail to the following address: decss@weil.com, all papers, documents, affidavits, declarations, records and pleadings which they intend to file in response to this Order to Show Cause no later than January ____________, 2000. Plaintiff shall serve by personal delivery, transmittal of facsimiles or e-mail any papers, documents, affidavits, declarations, records and pleadings which it intends to file in reply to defendants' papers in response to this Order to Show Cause no later than January ____________, 2000.

Dated: December ______, 1999

________________________________

Judge of the Superior Court

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