Adobe Systems, Inc. v. South Sun Products, Inc.

AMENDED ORDER DENYING PLAINTIFFS’ EX PARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER

I. Introduction

Plaintiffs, makers of various popular computer software titles, commenced this action for copyright infringement under Section 106 of the Copyright Act of 1976, 17 U.S.C. §§ 106 , 501(b). Plaintiffs accuse a local business, Defendant South Sun Products, Inc., of making and using unauthorized copies of Plaintiffs’ software products, a practice commonly known as “software piracy.”

Plaintiffs filed an emergency ex parte application for a temporary restraining order pursuant to Rule 65(b) of the Federal Rules of Civil Procedure. To date, Defendant has not been served with a summons and complaint and has no notice of this action or the instant application.

This court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 , 1338(a). For the reasons expressed below, Plaintiffs’ ex parte application for a temporary restraining order is DENIED in its entirety.

II. Background

Plaintiffs Adobe Systems Inc. (“Adobe”), Lotus Development Corporation (“Lotus”), Microsoft Corporation (“Microsoft”), and Symantec Corporation (“Symantec”) are companies engaged in the business of…