Federal Court Cour f?d?rale

 

Date: 20151016

Docket: T-1679-15

Ottawa, Ontario, October 16, 2015

PRESENT: The Honourable Mr. Justice Martineau

BETWEEN:

PARAMOUNT PICTURES CORPORATION
COLUMBIA PICTURES INDUSTRIES, INC.
SONY PICTURES TELEVISION INC.
TWENTIETH CENTURY FOX
FILM CORPORATION
UNIVERSAL CITY STUDIOS
PRODUCTION 
UNIVERSAL NETWORK TELEVISION LLC
WARNER BROS. ENTERTAINMENT INC.

DISNEY ENTERPRISES INC.

  
 

Plaintiffs

and

DAVID LEMARIER,
ALSO D.B.A. WASABI TECHNOLOGIE
VPN.HT LIMITED
ROBERT ENGLISH

LOUIE POOLE

Defendants
INTERIM INJUNCTION ORDER

UPON motion made ex parle and in camera by the Plaintiffs for an Interim Injunction

pursuant to Rule 374 F. 

 



Page:

UPON considering the Plaintiffs? motion record and oral submissions at the hearing of

this motion;

UPON having concerns with granting the con?dentiality order sought by the Plaintiffs on
the terms sought by the Plaintiffs, but nevertheless taking note that the materials ?led in support

of this motion must be kept under seal until the execution of the Orders sought;

AND UPON being satis?ed that the Order sought should issue, based on the evidence

presented by the Plaintiffs;

THE COURT ORDERS AS FOLLOWS
1. Grants leave to bring this motion ex parte and in camera;

2. Issues an interim injunction, to remain valid for a period of fourteen (14) days from the
date of service of said Interim Injunction Order, within which time, or at the expiration of

which time the Plaintiffs may apply to convert said Interim Injunction Order into an

interlocutory injunction:

a. ENIOINING AND RESTRAINING the Defendants, by themselves or by their
shareholders, directors, officers, employees, representatives and agents, or by any
company, partnership, trust, entity or person under their authority or control, or

with which they are associated or af?liated, from directly or indirectly:

ii.



iv.

 

Pagez3

enabling, inducing or authorizing the reproduction or communication to
the public by telecommunication of motion pictures or television series

episodes for which the copyright is owned by the Plaintiffs (hereinafter the

?Plaintif? Works?), including by directly or indirectly participating in the
development, operation, distribution or promotion of the software

appliCation Popcorn Time, or of any similar software application;

making the Plaintiff Works available to the public by telecommunication
in a way that allows a member of the public to have access to them from a
place and at a time individually chosen by that member of the public,
including by directly or indirectly participating in the development,
operation, distribution or promotion of the software application Popcorn

Time, or of any similar software. application;

participating in the development of the software application Popcorn
Time, or of any similar software application that, like Popcorn Time, can

primarily be used by its users to engage in acts of copyright infringement;

operating the website or any other website providing

similar services;

promoting the software application Popcorn Time, or any similar software
application that, like Popcorn Time, can primarily be used by its users to

engage in acts of copyright infringement;

Page:4

b. ORDERING the Defendants to:

i.

ii.



iv.

provide to the bailiff (the term ?bailiff? hereinafter includes independent
supervising counsel, and any authorisation or order aimed at a bailiff is
equally aimed at independent supervising counsel) attending the execution
of the Interim Injunction Order the login credentials for the hosting
providers and/or registrars accounts with which the domains and

subdomains listed in Schedule I attached to the Interim Injunction Order

are hosted;

disclose to the Plaintiffs? solicitors any other domains and subdomains
related to the development, operation, distribution or promotion of the

software application Popcorn Time;

provide to the bailiff attending the'execution of the Interim Injunction
Order their login credentials for the hosting providers and/or registrars

accounts with which the domains and subdomains obtained pursuant to

paragraph 2(b)(ii) above are hosted;

provide to the bailiff attending the execution of the Interim Injunction
Order the login credentials for the Popcorn Time Twitter account

the Popcorn Time Facebook page

and the Popcorn Time Google+

account;

Page: 5

AUTHORIZING computer forensic experts, acting under the supervision of the
Plaintiffs? solicitors and of the bailiff, to log into the accounts of hosting providers
and/or registrars hosting the domains and subdomains listed in Schedule I
attached to the Interim Injunction Order, obtained pursuant to paragraph 2(b)(ii)
above, and the social media accounts mentioned at paragraph 2(b)(iv) above
(hereinafter collectively the ?Popcorn Time Domains and Subdomains?), using
the credentials obtained pursuant to paragraphs and 2(b)(iv)

above;

d. AUTHORIZING computer forensic experts, acting under the supervision of the
Plaintiffs? solicitors and of the bailiff, to modify the login credentials for the

accounts of hosting providers and/or registrars hosting the Popcorn Time

Domains and Subdomains;

e. AUTHORIZING computer forensic experts, acting under the supervision of the

Plaintiffs? solicitors and of the bailiff, to deactivate the Popcorn Time Domains

and Subdomains;

f. ORDERING the independent supervising counsel to act as custodian of the login

credentials modi?ed pursuant to paragraph 2(d) above;

ENJOINING AND RESTRAINING the defendants from interfering with the

tasks undertaken pursuant to paragraphs 2(0) to 2(f) above;

Pagezo

h. ENJOINING AND RESTRAINING the Defendants, by themselves or by their
shareholders, directors, of?cers, employees, representatives and agents, or by any
company, partnership, trust, entity or person under their authority or control, or

with which they are associated or af?liated, from directly or indirectly:

i. enabling, inducing or authorizing the reproduction or communication to
the public by telecommunication of the Plaintiff Works, including by
directly or indirectly providing or promoting Virtual Private Network
(hereinafter services integrated in and/or coordinated with the

software application Popcorn Time, or any similar software application;

i. ORDERING the Defendants to:

i. disclose to the Plaintiffs? solicitors any domains and subdomains related to
the development, operation, provision or promotion of the VPN service

offered by Limited (hereinafter the Domains and

Subdomains? 

ii. provide to the bailiff attending the execution of the Interim Injunction
Order their login credentials for the accounts at hosting providers and/or

registrars hosting the Domains and Subdomains;

j. AUTHORIZING computer forensic experts, acting under the supervision of the

Plaintiffs? solicitors and of the bailiff, to log into the accounts of hosting providers

H1.

Page:

and/or registrars hosting the Domains and Subdomains, using the

credentials obtained pursuant to paragraph 2(i)(ii) above;

Al IZTNG computer forensic experts, acting under the supervision of the

Plaintiffs? solicitors and of the bailiff, to modify the login credentials for the

accounts of hosting providers and/or registrars hosting the Domains and

Subdomains;

AUTHORIZING computer forensic experts, acting under the supervision of the

Plaintiffs? solicitors and of the bailiff, to deactivate the Domains and

Subdomains;

ORDERING the bailiff to act as custodian of the login credentials modified

pursuant to paragraph 2(k) above;

ENJOINING AND RESTRAINING the Defendants from interfering with the

tasks undertaken pursuant to paragraphs 20) to 2(m)above;

ENJOINING AND RESTRAINING David Lemarier, by himself or by any
company, partnership, trust, entity or person under his authority or control, or

with which he is associated or affiliated, from directly or indirectly:

i. selling, assigning, alienating, transferring, or otherwise disposing of his
assets, including but not limited to the residence located at 58, rue

Elphege, Victoriaville, Quebec; a Chevrolet Corvette bearing Quebec

ii.

Page28

License GS and a Ford Edge bearing Quebec License FK4225, in
any way except for the payment of expenses in the normal course of his

livelihood, during the course of the present proceedings;

removing, or assisting in the removal of his assets from Canada, or doing
any act, the effect of which is to remove or assist in the removal of his

assets from Canada, without leave of the Court;

p. ENJOINING AND RESTRAINING every person on whom the Interim

Injunction Order is served to refrain, during the execution of said Order, from

using a computer, telephone, or any other communication device, except in the

presence of the independent supervising counsel;

q. ENJOINING AND RESTRAINING every person on whom the Interim

Injunction Order is served, or who has notice of the Order, to refrain for a period

of forty-eight (48) hours after such service or notice from:

v. disclosing to, or discussing with, any other person, the existence of this

vi.

proceeding and of the Interim Injunction Order, except with legal counsel
for the purpose of obtaining legal advice with respect to this proceeding or

to the Interim Injunction Order; and

otherwise informing or warning any other person that the Plaintiffs might

execute the Interim Injunction Order against him or her;

La.)

U1

Page: 9

r. ORDERING the Plaintiffs to bring a review motion to the Court, returnable
within fourteen days of the date of service of the Interim Injunction Order, to
review the execution of the Interim Injunction Order, and to consider any
application on the part of the Plaintiffs to prolong the Interim Injunction Order

into an interlocutory injunction (hereinafter the ?Review Motion?).

Orders that the contents of the Court record in respect of this proceeding, including the
Statement of Claim, this Motion Record, any Order rendered thereon, and any other
documents filed in respect thereof, be held in sealed enveloped in custody of the Court
until fourteen (14) days following the time at which the solicitors of record for the

Plaintiff notify the Court that said Orders and Statement of Claim have been served on all

the Defendants.

Independent from the Review Motion and any application to postpone said Review
Motion, orders the Plaintiffs to present a motion to maintain the con?dentiality of any
document in the Court record after the expiration of the delay stated at paragraph 3 above
within fourteen (14) days following the time at which the solicitors of record for the
Plaintiff notify the Court that said Orders and Statement of Claim have been served on all
the Defendants, failing which the Court record will be unsealed in its entirety.

Authorizes the Defendants to refuse answering a; uestion asked pursuant to the present

Order only if such answer would involve breachng or waiving solicitor?client privilege.

Page110

6. Authorises independent supervising counsel hired by the Plaintiffs to monitor the

execution of the Interim Injunction Order and to report to the Court on the Review

Motion;

7. Grants costs on this motion to the Plaintiffs in an amount to be determined in the context

of the Review Motion.

?Luc Martineau?
Judge

Pagezll

SCHEDULE I
TO THE INTERIM INJUNCTION ORDER

Page: 12

LIST OF DOMAINS AND SUBDOMAINS THAT MUST BE TAKEN OFFLINE IN
ORDER TO FULLY DEACTIVATE POPCORN TIME

Application Programming Interface

13

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Pagezl6

 

I HEREBY that the ahnve ducumant is a true cm at
the miginai issusd out of I filedyha Court on the 

 

 

dam, 47:44.? 4.9.20.4;
Bate?this May of 2915.
A
7
3mm"; LABELLE
OFFICER

AGENT DU GREFFE