Case 2:20-cv-01048-MJP Document 15 Filed 08/27/20 Page 1 of 10
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`The Honorable Marsha J. Pechman
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`NO. 2:20-cv-01048 MJP
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`ORDER ISSUING PRELIMINARY
`INJUNCTION AND AUTHORIZING
`CONTINUED EXPEDITED DISCOVERY
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`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF WASHINGTON
`AT SEATTLE
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`AMAZON CONTENT SERVICES LLC, a
`Delaware corporation, PENGUIN RANDOM
`HOUSE LLC, a Delaware corporation, LEE
`CHILD, SYLVIA DAY, JOHN GRISHAM, C.J.
`LYONS, DOUG PRESTON, JIM
`RASENBERGER, T.J. STILES, R.L. STINE,
`MONIQUE TRUONG, SCOTT TUROW,
`NICHOLAS WEINSTOCK, AND STUART
`WOODS,
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`v.
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`KISS LIBRARY d/b/a KISSLY.NET,
`WTFFASTSPRING.BID, LIBLY.NET, and
`CHEAP-LIBRARY.COM, RODION
`VYNNYCHENKO, ARTEM
`BESSHAPOCHNY, JACK BROWN, and
`DOES 1-10,
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`Plaintiffs,
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`Defendants.
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`This matter comes before the Court on ex parte motion by Publishers Amazon Content
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`Services LLC and Penguin Random House LLC, and Authors Lee Child, Sylvia Day, John
`Grisham, C.J. Lyons, Doug Preston, Jim Rasenberger, T.J. Stiles, R.L. Stine, Monique Truong,
`Scott Turow, Nicholas Weinstock, and Stuart Woods (collectively, “Plaintiffs”) for an
`Alternate Service Order, Expedited Discovery Order, a Temporary Restraining Order
`(collectively, the “TRO”), and a Hearing for Defendants Kiss Library, Rodion Vynnychenko,
`PRELIMINARY INJUNCTION &
`EXPEDITED DISCOVERY ORDER
`(No. 2:20-cv-01048)
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`Case 2:20-cv-01048-MJP Document 15 Filed 08/27/20 Page 2 of 10
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`Artem Besshapochny, Jack Brown, and Does 1-10 (collectively, “Defendants”) to Show Cause
`why the Court should not enter a Preliminary Injunction.
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`Seeking relief under Federal Rules of Civil Procedure (“Rule”) 4, 26, and 65, Plaintiffs
`filed their Complaint and ex parte motion on July 8, 2020, which provided evidence showing
`that Defendants are engaged in ongoing, widespread copyright infringement of Plaintiffs’
`works (the “Works”) through a ring of substantively identical mirror websites, including but
`not limited to kissly.net, wtffastspring.bid, libly.net, and cheap-library.com (the “Websites”),
`and other websites that redirected to those Websites such as kisslibraryemails.com. Dkts. 1-4.
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`On July 9, 2020, the Court issued its TRO and granted Plaintiffs’ requested relief,
`including a temporary injunction, alternate service, and expedited discovery. Dkt. 10. That
`same day, Plaintiffs served process through electronic means to Defendants’ email address,
`contact@kisslibrary.com, providing notice of Plaintiffs’ Complaint, ex parte motion, and the
`Court’s Order to Show Cause as to why a Preliminary Injunction should not issue. The Court
`directed Defendants to file and serve any answering papers before 5:00 p.m. on August 14,
`2020, and to appear at the show cause hearing on August 25, 2020, at 4:15 p.m. Dkt. 10 at 9.
`On July 15, 2020, Plaintiffs posted a $10,000 bond with the Court Registry. Also
`pursuant to the Court’s Order, Plaintiffs’ counsel filed a declaration on August 17, 2020, Dkt.
`12, which provided evidence of service, confirmed restraint of Defendants’ Websites, including
`kisslibrary.com, kisslibraryemails.com, kisslibrary.net, kissly.net, wtffastspring.bid, libly.net,
`cheap-library.com, books.coffee, getebooks.net, booksgreatchoice.com, maximumbook.org,
`bsebooks.com, bookspc.com, crucialbooks.com, osebooks.com, wordered.com, thekissly.net,
`kisslibraryemails.net, quabook.com, and luckybooks.online, identified an unnamed Doe
`Defendant, Ihor Kliman, and confirmed the restraint of Defendants’ assets associated with
`email addresses roddiku@gmail.com, sofleadecen1987@mail.ru, kmytz@yandex.ru,
`redoxyzo@gmail.com, jjpetruninas@gmail.com, robert.teifeld@gmail.com, and
`dmitriy.chernyay@gmail.com.
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`PRELIMINARY INJUNCTION &
`EXPEDITED DISCOVERY ORDER
`(No. 2:20-cv-01048)
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`Case 2:20-cv-01048-MJP Document 15 Filed 08/27/20 Page 3 of 10
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`The Court held its show cause hearing on August 25, 2020 at 4:15 p.m. through
`teleconference means, to provide Defendants an opportunity to show cause as to why a
`preliminary injunction should not be entered for the pendency of the litigation. Despite having
`received notice of the hearing time, date, and call in numbers, Defendants did not appear at the
`hearing or file any response to Plaintiffs’ papers or the Court’s Order.
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`The Court, having reviewed the Complaint, Plaintiffs’ motion, and all supporting
`declarations and exhibits, and having conducted a show cause hearing, finds as follows:
`1.
`Plaintiffs have demonstrated they are entitled to immediate injunctive relief by
`establishing (a) they are likely to succeed on the merits of their copyright claims, (b) they have
`and are suffering irreparable injury in the absence of an injunction based on Defendants’ illegal
`reproduction, display, and distribution of Plaintiffs’ Works, (c) the balance of hardships weighs
`in Plaintiffs’ favor, and (d) the public interest favors granting injunctive relief;
`2.
`With respect to likelihood of success on the merits, Plaintiffs have demonstrated
`that they are likely to succeed in showing:
`a.
`Plaintiffs are the exclusive and beneficial owners of copyrights in the Works,
`which were registered before this action;
`Defendants have engaged in direct copyright infringement of those Works
`by reproducing, displaying, and distributing the Works for profit through the
`Websites identified in the Complaint and in Plaintiffs’ supplemental papers
`and declarations, see Dkt. 12;
`Defendants have induced, caused, and materially contributed to others’
`infringement of those Works, through the intentional solicitation,
`facilitation, and ability to control and supervise others’ upload of the
`infringed Works on the Websites for profit;
`As a result of Defendants’ conduct, third-party purchasers have also
`impermissibly copied Plaintiffs’ protected works, further infringing
`Plaintiffs’ rights in those Works;
`PRELIMINARY INJUNCTION &
`EXPEDITED DISCOVERY ORDER
`(No. 2:20-cv-01048)
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`b.
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`c.
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`d.
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`Case 2:20-cv-01048-MJP Document 15 Filed 08/27/20 Page 4 of 10
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`e.
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`f.
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`Defendants knew of and intentionally contributed to and furthered the
`infringing activity; and
`At a minimum, Defendants acted with willful blindness to, or in reckless
`disregard of, Plaintiffs’ registered copyrights and exclusive rights.
`3.
`The reproduction, display, and distribution of Plaintiffs’ Works will result in
`immediate and irreparable injury to Plaintiffs’ reputations, prospective and current customers,
`goodwill, negotiating positions, distribution arrangements, and other intangible assets, if the
`existing injunctive relief is not continued for the duration of this litigation;
`4.
`Plaintiffs’ harm from denying the requested continued injunctive relief would
`outweigh any harm to Defendants’ legitimate interests from granting such relief;
`5.
`It is in the public’s interest to protect Plaintiffs’ copyrights and enjoin
`unauthorized distribution of their Works;
`6.
`With regard to the need for injunctive relief to secure assets without notice and
`expedited discovery to discover Defendants’ identities and assets, the Court finds Plaintiffs
`have provided evidence showing:
`a.
`Defendants have gone to great lengths to conceal their identities, locations,
`and proceeds from Plaintiffs’ and this Court’s detection, including using
`multiple false identities and addresses associated with their operations and
`purposely-deceptive contact information;
`At least some of the Defendants are likely overseas and Defendant Kiss
`Library appears to communicate solely through email; and
`Defendants would likely destroy, move, hide, or otherwise make
`inaccessible the proceeds of their infringement, copies of infringed Works,
`and the Websites used to display and distribute those Works, to the Court
`and Plaintiffs if they received advance notice, thus frustrating the ultimate
`relief Plaintiffs seek in this action.
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`b.
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`c.
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`PRELIMINARY INJUNCTION &
`EXPEDITED DISCOVERY ORDER
`(No. 2:20-cv-01048)
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`Case 2:20-cv-01048-MJP Document 15 Filed 08/27/20 Page 5 of 10
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`7.
`Entry of an order other than the requested Order would not adequately achieve
`the purposes of the Copyright Act to preserve Plaintiffs’ equitable remedies for copyright
`infringement, including among other things: the restraint of Defendants’ unauthorized sale and
`distribution of Plaintiffs’ Works, including through Defendants’ Websites, the acquisition of
`business records relating to Defendants’ operations, and the preservation of Plaintiffs’ right to
`an equitable accounting of proceeds from Defendants’ sale of Plaintiffs’ Works;
`8.
`Defendants received notice and service of process through electronic means of
`Plaintiffs’ Complaint, ex parte Motion, the Court’s TRO and Order to Show Cause as to why a
`Preliminary Injunction should not be issued, and the time and location of the show cause
`hearing.
`9.
`Defendants have failed to respond to the Court’s Orders as directed, dispute
`Plaintiffs’ claims, evidence, or requested relief, or appear at proceedings, despite having
`received adequate notice.
`THEREFORE, IT IS HEREBY ORDERED that the Defendants and their associated
`assets are hereby enjoined as follows:
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`PRELIMINARY INJUNCTION
`IT APPEARING to the Court that Defendants are reproducing, displaying, distributing,
`offering for sale, and/or selling Plaintiffs’ Works through their Websites, and will continue to
`carry out such acts unless restrained by Order of the Court, it is hereby:
`ORDERED, Defendants, including their agents, servants, employees, confederates, and
`any persons acting in concert or participation with them or third parties providing services used
`in connection with Defendants’ operations including, without limitation, payment processors,
`banking or financial institutions, cryptocurrency processors, email providers, domain registrars
`or hosts, Internet service providers, back-end service providers, affiliate program providers,
`web designers, search engine or ad-word providers, and online business-to-business selling
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`PRELIMINARY INJUNCTION &
`EXPEDITED DISCOVERY ORDER
`(No. 2:20-cv-01048)
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`Case 2:20-cv-01048-MJP Document 15 Filed 08/27/20 Page 6 of 10
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`platforms having received notice of this Order by service, actual notice or otherwise be, and
`are, hereby RESTRAINED from:
`Directly infringing Plaintiffs’ Works by reproducing, displaying, distributing,
`(a)
`offering for sale, or selling Plaintiffs’ Works;
`Inducing, causing, or materially contributing to the infringement of Plaintiffs’
`(b)
`copyrights;
`(c) Moving, destroying, or otherwise disposing of any items, merchandise, or
`documents relating to the reproduction, distribution, or sale of Plaintiffs’ Works, Defendants’
`Websites, and/or Defendants’ assets and operations; and
`Removing, destroying or otherwise disposing of any computer files, electronic
`(d)
`files, business records, or documents relating to Defendants’ Websites, Defendants’ assets and
`operations, or relating in any way to the distribution or sale of Plaintiffs’ Works, or any
`reproduction of Plaintiffs’ Works; and it is further
`ORDERED, that the Preliminary Injunction shall remain in effect for the pendency of
`this litigation, unless otherwise dissolved by the Court.
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`EX PARTE ASSET RESTRAINT
`ORDERED, that in accordance with 17 U.S.C. § 502(a) and this Court’s inherent
`equitable power to issue provisional remedies ancillary to its authority to provide final
`equitable relief, Defendants and their officers, servants, employees, agents and any persons in
`active concert or participation with them, and any banks, savings and loan associations,
`payment processors or other financial institutions, including without limitation, FastSpring,
`PayPal, BitPay, MasterCard, or other merchant account providers, payment providers, third
`party payment processors or credit card associations for Defendant Kiss Library and its
`Websites, or for any other website owned or controlled by Defendants, who receive actual
`notice of this Order, shall immediately locate all accounts connected to Defendants or the
`Websites, and that such accounts be temporarily restrained and enjoined from transferring or
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`PRELIMINARY INJUNCTION &
`EXPEDITED DISCOVERY ORDER
`(No. 2:20-cv-01048)
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`Case 2:20-cv-01048-MJP Document 15 Filed 08/27/20 Page 7 of 10
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`disposing of any money or other of Defendants’ assets, not allowing such funds to be
`transferred or withdrawn; and it is further
`ORDERED, that in accordance with 17 U.S.C. § 502(a) and this Court’s inherent
`equitable power to issue provisional remedies ancillary to its authority to provide final
`equitable relief, the domain name registries, service providers, or resellers, including but not
`limited to Cloudflare, Tucows Domains Inc., Whois Privacy Corp., Name Cheap, Inc., 1337
`Services LLC, NameSilo, LLC, Web.com, White & Case, and Pork Bun LLC, and/or the
`individual registrars holding or listing one or more of the domain names used in conjunction
`with the Websites shall, within three (3) days of receipt of this Order, temporarily disable these
`domain names, or any subset of these domain names specified by Plaintiffs, through a registry
`hold or otherwise, and make them inactive and non-transferable pending further order from this
`Court, unless Plaintiffs request that particular domain names be released from such restraints;
`and it is further
`ORDERED, that any third party providing services in connection with Defendants’
`Websites, including without limitation, providers of email services, social media services,
`online content management services, search engine and/or Internet advertising services, search
`engine optimization services, and Internet service providers, back-end service providers,
`affiliate program providers, web designers, and search engine or ad-word providers, any banks,
`savings and loan associations, cryptocurrency processor, payment processors or other financial
`institutions, including without limitation, FastSpring, PayPal, BitPay, MasterCard, or other
`merchant account providers, payment providers, third party payment processors or credit card
`associations, shall immediately temporarily disable service to any and all Websites and
`associated agents.
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`EXPEDITED DISCOVERY
`IT APPEARING to the Court that Plaintiffs have engaged in reasonable but fruitless
`efforts to uncover Defendants’ identities and locations, and that third parties have information
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`PRELIMINARY INJUNCTION &
`EXPEDITED DISCOVERY ORDER
`(No. 2:20-cv-01048)
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`Case 2:20-cv-01048-MJP Document 15 Filed 08/27/20 Page 8 of 10
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`relevant to the identities of Defendant Kiss Library’s owners, operators, and associates it is
`hereby:
`ORDERED, that discovery by Plaintiffs may continue by Plaintiffs providing actual
`notice, pursuant to subpoena or otherwise, of this Order to any of the following:
`(1) Defendants, their agents, servants, employees, confederates, attorneys, and any persons
`acting in concert or participation with them; (2) any banks, savings and loan associations,
`cryptocurrency processor, payment processors or other financial institutions, including without
`limitation, FastSpring, PayPal, BitPay, MasterCard, or other merchant account providers,
`payment providers, third-party payment processors or credit card associations, which receive
`payments or hold assets on Defendants’ behalf; and (3) third party service providers, including
`without limitation, domain registrars, support providers, or resellers like Cloudflare, Tucows
`Domains Inc., Whois Privacy Corp., Name Cheap, Inc., 1337 Services LLC, NameSilo, LLC,
`Web.com, White & Case, and Pork Bun LLC , and online B2B selling platforms, domain name
`registration privacy protection services, providers of email services, social media services,
`online content management services, search engine and/or Internet advertising services, search
`engine optimization services, and Internet service providers, back-end service providers,
`affiliate program providers, web designers, search engine or ad-word providers, shippers, and
`any domain name registries and registrars who have provided services for Defendants; and it is
`further
`ORDERED, that any third party providing services in connection with any Defendant or
`Website, including without limitation those listed above, shall within five (5) days after receipt
`of such notice, provide copies of all documents and records in such person or entity’s
`possession or control relating to:
`The identities and addresses (physical and email) of Defendants, their agents,
`(a)
`servants, employees, confederates, and any persons acting in concert or participation with them
`and the locations and identities of Defendants’ operations, including without limitation,
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`PRELIMINARY INJUNCTION &
`EXPEDITED DISCOVERY ORDER
`(No. 2:20-cv-01048)
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`Case 2:20-cv-01048-MJP Document 15 Filed 08/27/20 Page 9 of 10
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`identifying information associated with Defendants’ Websites, assets, and financial accounts,
`and the sale of Plaintiffs’ Works;
`The Websites; and
`(b)
`(c)
`Any financial accounts owned or controlled by Defendants, including their
`agents, servants, employees, confederates, attorneys, and any persons acting in concert or
`participation with them, including such accounts residing with or under the control of any
`banks, savings and loan associations, cryptocurrency processor or wallet, payment processors
`or other financial institutions, including without limitation, FastSpring, PayPal, BitPay,
`MasterCard, or other merchant account providers, payment providers, third party processors, or
`credit card associations.
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`SO ORDERED this _27th_ day of August, 2020.
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`A
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`Marsha J. Pechman
`United States Senior District Judge
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`Presented by:
`DAVIS WRIGHT TREMAINE LLP
`Attorneys for Amazon Content Services LLC,
`Penguin Random House LLC, Lee Child,
`Sylvia Day, John Grisham, C.J. Lyons,
`Doug Preston, Jim Rasenberger, T.J. Stiles,
`R.L. Stine, Monique Truong, Scott Turow,
`Nicholas Weinstock, and Stuart Woods
`
`By s/ John A. Goldmark
`John A. Goldmark, WSBA #40980
`Caesar Kalinowski, WSBA #52650
`920 Fifth Avenue, Suite 3300
`Seattle, WA 98104-1610
`Telephone: 206-622-3150
`Email: JohnGoldmark@dwt.com
`
`CaesarKalinowski@dwt.com
`PRELIMINARY INJUNCTION &
`EXPEDITED DISCOVERY ORDER
`(No. 2:20-cv-01048)
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`Case 2:20-cv-01048-MJP Document 15 Filed 08/27/20 Page 10 of 10
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`Elizabeth A. McNamara (pro hac vice)
`1251 Avenue of the Americas
`21st Floor
`New York, NY 10020-1104
`Telephone: 212-489-8230
`Email: LizMcNamara@dwt.com
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`PRELIMINARY INJUNCTION &
`EXPEDITED DISCOVERY ORDER
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