Case 1:24-cv-00082-JJM-LDADocument 1Filed 02/26/24Page 39 of 41 PageID #: 39
2.For such equitable relief under Titles 17 and 28, and this Court’s inherent equitable powers, as is necessary to prevent or restrain Defendant’s further violations of 17 U.S.C. § 1201 and 17 U.S.C. §§ 106, 501, including a permanent injunction prohibiting Defendant and its officers, agents, servants, employees, attorneys, and all third parties in active concert or participation with any of them from: (a) manufacturing, offering to the public, providing, or otherwise trafficking in the Yuzu emulator, and any other circumvention devices or software that target Nintendo, Nintendo’s consoles, or Nintendo’s copyrighted works; (b) infringing, or causing, enabling, facilitating, encouraging, promoting, and inducing or participating in the infringement of, any of Nintendo’s works protected by the Copyright Act, whether now in existence or hereafter created; (c) enjoining Defendant and all third parties with notice of the Order from supporting or facilitating access to any or all domain names, URLs, websites (including, without limitation, YUZU-EMU.ORG), chatrooms, and other social media websites or applications through which Defendant traffics in the Yuzu emulator or other circumvention devices that threaten Plaintiff’s Technological Measures or which infringe Plaintiff’s rights under the Copyright Act; and (d) prohibiting Defendant from engaging in any other violation of the DMCA or the Copyright Act, or any other federal or state law, as respects Nintendo.
3.For entry of an order, pursuant to 17 U.S.C. §§ 502, 1203, 28 U.S.C. § 1651(a), and this Court’s inherent equitable powers, requiring Defendant and its officers, agents, servants, employees, attorneys, and all third parties in active concert or participation with any of them: (a) to surrender and cease to use the domain name YUZU-EMU.ORG, and any variant thereof controlled by Defendant; (b) to immediately transfer the domain name YUZU-EMU.ORG, and any variant thereof controlled by Defendant, to Nintendo’s control; and (c) enjoining Defendant and all third parties with notice of the Order from supporting or facilitating access to any or all domain names, URLs, and websites (including, without limitation, YUZU-EMU.ORG) through which Defendant infringes Nintendo’s copyrights.
39
