Case 1:24-cv-00082-JJM-LDADocument 1Filed 02/26/24Page 30 of 41 PageID #: 30
under 17 U.S.C. § 1201(c). In the alternative, pursuant to 17 U.S.C. § 1201(c)(2), Plaintiff is entitled to its actual damages, as well as to Defendant’s profits from these violations, in amounts to be proven at trial.
86. Plaintiff is entitled to its costs, including reasonable attorneys’ fees, pursuant to 17 U.S.C. § 1203(b).
87. Defendant’s conduct has caused and, unless enjoined by this Court, will continue to cause Nintendo great and irreparable injury for which there is no adequate remedy at law. Pursuant to 17 U.S.C. § 1203(b)(1), Plaintiff is entitled to permanent injunctive relief prohibiting Defendant and its members and agents from engaging in further acts of offering to the public, providing, or otherwise trafficking in Yuzu or other circumvention software.
COUNT TWO
(Trafficking in Circumvention Technology in Violation of 17 U.S.C. § 1201(b)(1))
88. Plaintiff repeats and realleges every allegation contained in paragraphs 1 through 87 as if fully set forth herein.
89. Section 1201(b) of the DMCA, 17 U.S.C. § 1201(b), in a general sense, prohibits the trafficking in devices that are primarily designed to circumvent technological measures that protect against the violation of rights protected under the Copyright Act. The statute provides, in pertinent part, that “[n]o person shall manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, device, component, or part thereof, that—
- (A) is primarily designed or produced for the purpose of circumventing protection afforded by a technological measure that effectively protects a right of a copyright owner under [the Copyright Act] in a work or a portion thereof;
- (B) has only limited commercially significant purpose or use other than to circumvent protection afforded by a technological measure that effectively protects a right of a copyright owner under [the Copyright Act] in a work or a
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