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`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF WASHINGTON
`AT SEATTLE
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`NINTENDO OF AMERICA INC,
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` v.
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`Plaintiff,
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`ANXCHIP.COM, et al.,
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`Defendants.
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`C20-738 TSZ
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`JUDGMENT AND
`PERMANENT INJUNCTION
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`THIS MATTER comes before the Court on Plaintiff Nintendo of America Inc.’s
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`Motion for Default Judgment and Entry of a Permanent Injunction, docket no. 25.
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`Having reviewed all papers filed in support of the motion, the Court enters the following
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`order.
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`Background
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`On May 15, 2020, Plaintiff initiated this action against Defendant Does 1–20
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`doing business as (“d/b/a”) eight websites (the “Websites”), who operate and use the
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`Websites to sell devices that unlawfully hack the Nintendo Switch in violation of the
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`Anti-Trafficking provisions of the Digital Millennium Copyright Act, 17 U.S.C.
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`§§ 1201(a)(2) & 1201(b)(1). Some of the Defendants also sell pirated versions of
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`Case 2:20-cv-00738-TSZ Document 28 Filed 10/06/20 Page 2 of 6
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`Plaintiff’s copyrighted games on their Websites, in violation of Plaintiff’s exclusive
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`rights under the Copyright Act, 17 U.S.C. §§ 106, 501, & 503. Complaint at ¶¶ 2–5, 12–
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`13, 25–36, 39–40 (docket no. 1).
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`In its complaint, Plaintiff alleged that “Defendants Does 1–20 operate the
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`Websites through which they offer to the public, sell, and otherwise traffic in the
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`Circumvention Devices” and that they “deliberately obscure their identities by using
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`privacy tools to mask their domain registration”—meaning Plaintiff “has been unable to
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`ascertain the true identities of any of the Defendants.” Id. at ¶¶ 38–39. Plaintiff
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`eventually moved to serve Defendants by alternative means via electronic mail. See Mtn.
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`for Alternative Service (docket no. 15). The Court granted that motion, docket no. 20.
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`On July 16, 2020, Plaintiff served the Defendants by electronic mail. Decl. of
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`Alison Stein (docket no. 21). Although the Defendants appear to be aware of the suit—
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`by, for example, moving their website from one URL to another in order to evade
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`detection, and by sending communications to their customers explicitly referencing this
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`lawsuit, see Mtn. for Alternative Service (docket no. 15 at 14–16)—Defendants have
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`failed to appear, or respond.
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`After more than 21 days had passed, on August 11, 2020, Plaintiff moved for entry
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`of default against “all [D]efendants.” Motion for Default (docket no. 22 at 1); see Fed. R.
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`Civ. P. 12(a)(1)(A)(i). The Clerk of this Court subsequently entered an Order of Default,
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`docket no. 24, against the d/b/a Websites:
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`ANXCHIP.COM, AXIOGAME.COM, FLASHCARDA.COM,
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`MOD3DSCARDS.COM, NX-CARD.COM, SXFLASHCARD.COM,
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`TXSWITCH.COM, and USACHIPSS.COM.
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`Case 2:20-cv-00738-TSZ Document 28 Filed 10/06/20 Page 3 of 6
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`Plaintiff now moves for default judgment and an entry of a permanent injunction, docket
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`no. 25. Plaintiff also requests that the Court direct the Clerk to amend the Order of
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`Default, docket no. 24, to be entered against “Defendant Does 1–20 d/b/a” the Websites.
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`Response (docket no. 27 at 2 n.2).
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`Accordingly, pursuant to Sections 502 and 1203 of the Copyright Act, 17 U.S.C.
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`§§ 502, 1203, the All Writs Act, 28 U.S.C. § 1651(a), and this Court’s inherent equitable
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`powers, the Court orders as follows:
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`(1)
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`Plaintiff’s motion to amend the Order of Default, docket no. 27, is
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`GRANTED. Defendant Does 1–20 are hereby in default;
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`(2)
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`Plaintiff’s Motion for Default Judgment and Entry of a Permanent
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`Injunction, docket no. 25, is GRANTED;
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`(3) Defendants and their agents, servants, employees, successors, assigns, and
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`all those acting under their control are ENJOINED from:
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`a.
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`Offering to the public, selling, providing, or otherwise trafficking in
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`any circumvention devices—including but not limited to the SX Pro, SX Core, and SX
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`Lite—accompanying SX OS software, and any other circumvention devices or software
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`that target Nintendo or Nintendo’s consoles, Nintendo’s technological protection
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`measures, and/or copyrighted works;
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`b.
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`Directly or indirectly infringing, or causing, enabling, facilitating,
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`encouraging, promoting, and inducing or participating in the infringement of, any of
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`Nintendo’s copyrights protected by the Copyright Act, whether now in existence or
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`hereafter created;
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`JUDGMENT AND PERMANENT INJUNCTION - 3
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`Case 2:20-cv-00738-TSZ Document 28 Filed 10/06/20 Page 4 of 6
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`c.
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`Effecting assignments or transfers, including of the Websites,
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`forming new entities or associations, or using any other device for the purpose of
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`circumventing or otherwise avoiding the prohibitions set forth in Subparagraphs a or b;
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`and/or
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`d.
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`Unfairly competing with Nintendo.
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`(4) Defendants and all third parties acting in active concert and participation
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`with Defendants are ENJOINED from supporting or facilitating access to any or all
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`domain names, URLs, websites (including, without limitation, ANXCHIP.COM,
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`AXIOGAME.COM, FLASHCARDA.COM, MOD3DSCARDS.COM, NX-CARD.COM,
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`SXFLASHCARD.COM, TXSWITCH.COM, USACHIPSS.COM, LOWBR.COM,
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`MATERPL.COM, BRUJOON.COM, and AGRESU.COM), as well as any successor
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`websites, private communications channels, direct messages, chatrooms, other social
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`media websites or apps such as Skype, Discord, or Facebook and any online marketplace
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`platforms such as AliExpress, through which Defendants traffic in circumvention devices
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`that threaten Plaintiff’s technological protection measures or that infringe Plaintiff’s
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`rights under the Copyright Act.
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`(5) Defendants and their officers, agents, servants, employees, attorneys, and
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`others acting in active concert and participation with Defendants are ORDERED to:
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`a.
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`Cease to use, the domain names ANXCHIP.COM,
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`AXIOGAME.COM, FLASHCARDA.COM, MOD3DSCARDS.COM, NX-CARD.COM,
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`SXFLASHCARD.COM, TXSWITCH.COM, USACHIPSS.COM, LOWBR.COM,
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`MATERPL.COM, BRUJOON.COM, and AGRESU.COM, and any variant or successor
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`thereof controlled by Defendants; and
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`Case 2:20-cv-00738-TSZ Document 28 Filed 10/06/20 Page 5 of 6
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`b.
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`Immediately transfer the domain names ANXCHIP.COM,
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`AXIOGAME.COM, FLASHCARDA.COM, MOD3DSCARDS.COM, NX-CARD.COM,
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`SXFLASHCARD.COM, TXSWITCH.COM, USACHIPSS.COM, LOWBR.COM,
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`MATERPL.COM, BRUJOON.COM, and AGRESU.COM, and any variant or successor
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`thereof controlled by Defendants, to Plaintiff.
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`(6) Defendants and all third parties acting in active concert and participation
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`with Defendants are ENJOINED from supporting or facilitating access to any or all
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`domain names, URLs, and websites (including, without limitation, ANXCHIP.COM,
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`AXIOGAME.COM, FLASHCARDA.COM, MOD3DSCARDS.COM, NXCARD.COM,
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`SXFLASHCARD.COM, TXSWITCH.COM, USACHIPSS.COM, LOWBR.COM,
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`MATERPL.COM, BRUJOON.COM, and AGRESU.COM), or any variant or successor
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`thereof, through which Defendants infringe Plaintiff’s copyrights.
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`(7)
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`The Court further ORDERS, pursuant to 17 U.S.C. § 1203(b), that the
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`Defendants destroy all Circumvention Devices, all copies of SX OS, and all other
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`electronic material or physical devices within Defendants’ custody, possession, or
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`control—including any hard drives or other electronic storage devices containing such
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`material—that violate Nintendo’s rights under the DMCA or infringe upon copyrights
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`owned or exclusively licensed by Nintendo.
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`(8) Defendants, within thirty (30) days after service of judgment with notice of
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`entry thereof, are ORDERED to file with the Court and serve upon Nintendo a written
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`report under oath setting forth in detail the manner in which Defendants have complied
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`with the preceding paragraphs of this order.
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`JUDGMENT AND PERMANENT INJUNCTION - 5
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`Case 2:20-cv-00738-TSZ Document 28 Filed 10/06/20 Page 6 of 6
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`(9) Nintendo may serve this judgment electronically on Defendants by sending
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`it to the same email addresses listed in this Court’s order authorizing service of process
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`electronically. See docket no. 20.
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`(10) This permanent injunction constitutes a binding court order, and any
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`violations by Defendants subject them to the full scope of this Court’s contempt
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`authority, including punitive, coercive, and monetary sanctions. The Court shall maintain
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`continuing jurisdiction over this action for the purpose of enforcing this Final Judgment
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`and Permanent Injunction. Plaintiff is not required to post any bond or security in
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`connection with this Stipulated Order and Permanent Injunction, and Defendants have
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`permanently, irrevocably, and fully waived any right to request a bond or security.
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`With no additional remaining claims to adjudicate in this matter, the Court enters
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`this Final Judgment; and
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`(11) The Clerk is further DIRECTED to send a copy of this Judgment and
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`Permanent Injunction to all counsel of record.
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`IT IS SO ORDERED.
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`Dated this 6th day of October, 2020.
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`A
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`Thomas S. Zilly
`United States District Judge
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`JUDGMENT AND PERMANENT INJUNCTION - 6
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