The websites that Lionsgate says are making leaked versions of The Expendables 3 available have to stop immediately and could see their bank accounts seized, a federal judge ordered last night. “Lions Gate has established that it will suffer irreparable harm in the absence of immediate relief,” said U.S. District Judge Margaret Meadow in granting the studio’s application for a temporary restraining order against a half-dozen torrent sites that are allegedly making copies of the upcoming Sylvester Stallone-led action flick available for downloading.
“Among other things, Defendants’ likely infringement has stripped Lions Gate of the critical right of first publication, is interfering with Lions Gate’s contractual relationships with third parties, is damaging Lions Gate’s goodwill among consumers, and is depriving Lions Gate of revenue that will be difficult or impossible to calculate, but is likely far in excess of any amount that Defendants could repay to Lions Gate in damages even if the amount could be calculated,” the judge added in her six-page order (read it here). With the offending site having been given notice, the temporary restraining order lasts until 4 PM on Friday. The websites in question must prove to the court by then why it shouldn’t be made a permanent injunction.
Added to that, Meadow gave Lionsgate the right to contact “all banks, savings and loan associations, payment processors or other financial institutions, payment providers, third party processors and advertising service providers of Defendants” about the matter so they “cease allowing such funds to be transferred or withdrawn, and cease allowing any diminutions to be made by Defendants from such accounts pending further order of this Court.” That’s going to hurt.