Sony Computer Entertainment America, Inc. v. Divineo, Inc.

ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY ADJUDICATION AND APPLICATION FOR DEFAULT JUDGMENT ON DIGITAL MILLENNIUM COPYRIGHT ACT CLAIMS

Plaintiff Sony Computer Entertainment America, Inc., moves for summary adjudication of its Digital Millennium Copyright Act (DMCA) claim against pro se Defendant Frédéric Legault. Mr. Legault opposes the motion. Plaintiff separately applies for default judgment against Defendants Divineo, Inc., Divineo U.K., Divi-neo SARL and Max Louarn (collectively, the defaulting Defendants). The defaulting Defendants have not opposed Plaintiffs application for default judgment. The matters were taken under submission on the papers. Having considered the papers filed by Plaintiff and Mr. Legault, the Court grants in part Plaintiffs motion for summary adjudication of the DMCA claim against Mr. Legault and grants Plaintiffs application with respect to its DMCA claims against the defaulting Defendants.

BACKGROUND

The following facts are undisputed, unless otherwise noted.

Plaintiff, a wholly owned subsidiary of Sony Computer Entertainment, Inc., a Japanese corporation, is responsible for marketing and distributing PlayStation® and PlayStation® 2 computer…