Case Information
‐ ‐ cv Sys. Adm’r, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER
RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 THIS COURT’S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH NOTATION “SUMMARY ORDER”). A PARTY CITING TO A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL.
1 At stated term States Appeals Second 2 Circuit, held Thurgood Marshall Courthouse, Foley 3 Square, City rd day May, two thousand seventeen. 4
5 PRESENT: GUIDO CALABRESI,
6 RICHARD C. WESLEY,
7 RAYMOND J. LOHIER, JR.,
8 Circuit Judges .
9 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 10 ADVANCED ACCESS CONTENT SYSTEM LICENSING 11 12 ADMINISTRATOR, LLC,
13 14 Plaintiff ‐ Appellee , No. ‐ ‐ cv
FENG TAO, DBA DVDFAB, DBA FENGTAO SOFTWARE INC., Appellant. *
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ APPELLANT: M ICHAEL C UKOR (Vincent E. McGeary, McGeary Cukor LLC, Morristown, NJ. * directed official caption conform caption above. APPELLEE: G. R OXANNE E LINGS (George P. Wukoson, L. Danielle Toaltoan, the Davis Wright Tremaine LLP, New NY.
Appeal from an order of District Southern York (Vernon S. Broderick, Judge
). UPON DUE CONSIDERATION, it is HEREBY ORDERED, ADJUDGED, DECREED order appellant Feng appeals from an (Broderick, J.) granting part motion by System Administrator, (“AACS LA”) to amend preliminary and denying motions to and default. assume parties’ familiarity with facts record prior proceedings, refer only as necessary explain our decision affirm. principally challenges injunction, arguing failed demonstrate harm, second unlawful insofar applied extraterritorially enjoined parties.
The acted within its discretion in finding that AACS would suffer harm absent amended injunction. Relying sworn declarations, found Tao’s software allowed users circumvent AACS LA’s encryption technology thereby undermined LA’s business model. Further, conduct indicated strong likelihood future violations. perceive error in these findings, were sufficient justify amended injunction. WPIX, Inc. v. ivi, F.3d 285 (2d Cir. 2012); Kapps v. Wing, 404 F.3d 105, 123 (2d Cir. Nor does impermissibly beyond United States. The does bind certain party registries payment processors who receive actual notice injunction. But merely notifies these they “could become liable Rule if assist [the defendant] violating district court’s orders.” NML Capital, Ltd. Argentina, “[F]ederal courts can enjoin conduct ‘has or intended substantial effect within States.’” Id. (quoting Davis, 1985)). provided enough reasons why must “process” Tao distributes his software, see id. Tao continued rely on facilitate access market even after original issued. also asks we default on ground service was improper. has arguably forfeited this argument before Court. See Datskow Teledyne, Cont’l Prods. Div., In any event, this fact intensive challenge—which never litigated, but still could be raised, below —is not properly before us decline consider appeal instance. Harrison Sudan,
We considered remaining arguments conclude are without merit. For foregoing reasons, COURT:
Catherine O’Hagan Wolfe,
[1] express opinion timeliness any such challenge.