Case 1:24-cv-00082-JJM-LDADocument 1Filed 02/26/24Page 40 of 41 PageID #: 40
4. For entry of an order, pursuant to 17 U.S.C. §§ 503, 1203, providing for the seizure, impoundment, and destruction of all copies of the Yuzu emulator or other devices or software that threaten Plaintiff’s Technological Measures, and all other electronic material or physical devices within Defendant’s custody, possession, or control—including any hard drives or other electronic storage devices containing such material—that violate Nintendo’s rights under the DMCA or infringe upon copyrights owned or exclusively controlled by Nintendo.
5.For entry of an order requiring Defendant, within thirty (30) days after service of the judgment with notice of entry thereof upon it, to file with the Court and serve upon Nintendo a written report under oath setting forth in detail the manner in which Defendant has complied with paragraphs 2, 3, and 4 of this Prayer for Relief, supra.
6.For an award of statutory damages pursuant to 17 U.S.C. §§ 504, 1203(c), in the amount of $2,500 per violation of 17 U.S.C. § 1201, arising from Defendant’s willful violations of the Anti-Circumvention and Anti-Trafficking provisions of the DMCA, and $150,000 per violation of 17 U.S.C. §§ 106, 501, arising from Defendant’s willful violations of Nintendo’s exclusive rights under the Copyright Act. In the alternative, pursuant to 17 U.S.C. § 1203(c)(3)(B) and 17 U.S.C. § 504(b), Plaintiff may elect to receive actual damages as well as Defendant’s profits from its violations of 17 U.S.C. § 1201 and 17 U.S.C. §§ 106, 501, in amounts to be proven at trial.
7.For an accounting, the imposition of a constructive trust, restitution of Defendant’s unlawful proceeds from its violations of 17 U.S.C. § 1201 and 17 U.S.C. §§ 106, 501, and damages according to proof.
8.For Plaintiff’s costs and reasonable attorneys’ fees, pursuant to 17 U.S.C. § 1203(b) and 17 U.S.C. § 505.
9.For pre-judgment and post-judgment interest; and
10.For such other relief as the Court may deem just and proper.
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