Advanced Access Content System Licensing Administrator, LLC v. Shen et al
| Advanced Access Content System Licensing Administrator, LLC |
| Lanny Shen, Sunreg Technologies LTD, Feng Tao, Shen Xinlan, John Doe, Jane Doe and XYZ Company |
| 1:2014cv01112 |
| February 21, 2014 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Vernon S. Broderick |
| Copyrights |
| 17 U.S.C. ยง 101 |
| None |
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Filing
202
OPINION & ORDER: For the reasons described above, Plaintiff's request for a permanent injunction is GRANTED. Having reviewed the Complaint, the parties' supplemental briefing on the scope of the permanent injunction, and the entire reco rd herein, it is hereby ORDERED, as follows: 1. Defendants, their officers, agents, attorneys, servants, employees, and any persons in active concert or participation with them are permanently enjoined and restrained from: (a) manufacturing, importi ng, offering to the public, providing, or otherwise trafficking in any technology, product, service, device, component, or part thereof capable of circumventing the AACS Technology including but not limited to the Circumvention Products (the &quo t;Circumventing Activities"); (b) moving, destroying, or otherwise disposing of any items, merchandise or documents relating to the Circumvention Products, Defendants' assets and operations, and/or any domain names where Defendants are co nducting Circumventing Activities including marketing, distributing, offering for sale and/or selling the Circumvention Products, including but not limited to: DVDFab.cn, Vidon.me and Vidus.cn (as well as prior domain names, DVDFab.com, DVDFab.net, DVDIdle.com, 3d-videoconverters.com, 3dBluRay-ripper.com, Blu-Ray-ripper.us, Blu-Ray-Software.us, BluRayripper.jp, BluRaysbs3d.com, BluRaysoft.jp, CopyBluRay.us, DVDFab.jp, DVDFab9.com, DVDvideosoft.jp, kopiersoftware.com, macBluRaycopy.com, 7 mou rlife.com, readtechnews.com, sbs3d.com, sbs3dconverter.com, sbs3dcopy.com, sbs3dripper.com, tracehotnews.com, videoconverter.jp, wollytech.com, xn--dvdti4bzc1jla2oj3ne.com, 2d-3d-converter.com, copyDVDsoftware.us, sbs3dcreator.com, DVDFab.de, audio -dvd-creator.com, ripperBluRay.com, DVDFabb.com, DVDFfab.com, Woookao.com, Woookao.cn., Boooya.org, TDMore.com, TDMore.cn, BluFab.com, BluFab.cn, FabImg.net (collectively, the "DVDFab Domain Names" and the websites located or operated at those domain names shall be collectively referenced as the "DVDFab Websites"); and (c) removing, destroying or otherwise disposing of any computer files, electronic files, business records, or documents relating to the DVDFab Domain Name s, the DVDFab Websites or the Circumvention Products, and/or Defendants' assets and operations or relating in any way to the manufacturing, importing, offering to the public, providing, or otherwise trafficking in any technology, product, ser vice, device, component, or part thereof capable of circumventing the AACS Technology (including but not limited to the Circumvention Products). 2. Defendants shall not conduct or participate in any of the Circumventing Activities through any websi te, social media or social networking site or service, or other online service or platform, or through any offline means. 3. Defendants shall disable and cease use of the DVDFab Domain Names, the DVDFab Websites, and the social media or online ser vice accounts associated with them, and any pages, profiles, or channels by which Defendants market, distribute, offer for sale and/or sell the Circumvention Products, including but limited to YouTube, Twitter, Google +, FaceBook, Instagram, Amazon (the "DVDFab Accounts"). 4. Any third party service providers providing services to Defendants in connection with any of the DVDFab Domain Names, the DVDFab Websites or the DVDFab Accounts (whether or not specifically named in this Orde r, as long as any one or more of the Circumvention Products are being marketed, distributed, offered for sale and/or download, on the website, social media or other platform) including without limitation, web hosting providers, social media or oth er online service providers (including without limitation, Facebook, Twitter, YouTube and Google+), back-end service providers, web designers, distributors, search-based online advertising services (such as through paid inclusion, paid search resu lts, sponsored search results, sponsored links, and Internet keyword advertising), and any banks, savings and loan associations, merchant account providers, payment processors and providers, credit card associations, or other financial institutions which receive or process payments or hold assets on Defendants' behalf (including without limitation, Visa, MasterCard, JCB, Bitcoin, Avangate Inc., Avangate B.V., PayPal, MyCommerce, DR MyCommerce, Inc., Alipay, Western Union, PayEase, IPS Ltd., Realypay, WorldPay, Opus Payments, Amazon Payments, WorldPay, Money Gram International, WebMoney, Discover, American Express, Visa Electron, Maestro, Solo, Laser, and Carte Bleue) for any Defendant or any of the DVDFab Domain Names or the DV DFab Websites, shall within three (3) days of receipt of this Order cease or disable providing such services to: (i) Defendants in relation to the Circumvention Products and/or any other products or services that circumvent the AACS Technology; and (ii) any and all of the DVDFab Domain Names, the DVDFab Websites or DVDFab Accounts. 5. Any third party persons or entities who are members or participants in Defendants' "DVDFab affiliate program" (whereby affiliates earn commissio ns by promoting or selling the Circumvention Products) and who receive actual notice of this Order, shall within three (3) days of receipt of this Order cease offering to the public, providing, promoting, selling or otherwise trafficking, on their websites or through any other means, in the Circumvention Products and/or any other products or services offered by Defendants that circumvent the AACS Technology. 6. Service by ECF upon Defendant Feng Tao of this Default Judgment and Permanent In junction once entered by the Court is deemed sufficient notice to Defendants, without the need for Defendants to sign any form of acknowledgement of service. 7. Defendants shall provide a copy of this Permanent Injunction to their officers, agents, attorneys, servants, employees, and any persons in active concert or participation with them; and it is further 8. Violation of this Permanent Injunction shall expose Defendants and all other persons bound by this Permanent Injunction to all appl icable penalties, including contempt of Court. 9. Within 14 days of the date the Court enters this Permanent Injunction, Defendants shall file and serve a report in writing and under oath setting forth in detail the manner and form with which Defen dants have complied with the Permanent Injunction. 10. I find there is no just reason for delay in entering this Permanent Injunction, pursuant to Fed. R. Civ. P. 54(a), I direct immediate entry of this Permanent Injunction. 11. I shall retain juri sdiction of this action to entertain such further proceedings and to enter such further orders as may be necessary or appropriate to implement and enforce the provisions of this Permanent Injunction. (Signed by Judge Vernon S. Broderick on 8/21/2023) (rro)
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Filing
197
CLERK'S JUDGMENT re: 196 Memorandum & Opinion. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion & Order dated July 5, 2023, the Court hereby ADOPTS Magistrate Judge Aaron's Report in its entirety. Accordingly, Plaintiff is awarded $14,927,000.00 in damages; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 7/5/2023) (Attachments: # 1 Appeal Package) (tp)
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Filing
164
OPINION AND ORDER: re: 136 MOTION to Dismiss PURSUANT TO RULES 12(b)(5), 12(b)(4), and 12(b)(2) OF THE FEDERAL RULES OF CIVIL PROCEDURE. filed by Feng Tao. For the foregoing reasons, Defendants motion to dismiss the Complaint for i nsufficient service of process is DENIED. The parties are directed to appear for a conference on November 2, 2018 at 10:30 a.m. to discuss Plaintiffs motion for default judgment and motion to amend the Amended PI Order. The Clerk of Court is respectfully directed to terminate the pending motion at Document 136. So Ordered. (Signed by Judge Vernon S. Broderick on 9/30/2018) (js)
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