UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS ---------------------------------- -- MICROSYSTEMS SOFTWARE, INC., a Massachusetts corporation, and MATTEL, INC., a Delaware corporation, Plaintiffs, vs. SCANDINAVIA ONLINE AB, a Swedish corporation; ISLANDNET.COM, a Canadian corporation; EDDY L. O. JANSSON, a Swedish citizen; and MATTHEW SKALA, a Canadian citizen, Defendants. ---------------------------------- CIVIL NO. VERIFIED COMPLAINT INTRODUCTION Plaintiffs Microsystems Software, Inc. and Mattel, Inc. (together, Microsystems") develop, market, and license the Cyber Patrol" software program, which is designed to filter out certain designated material on the Internet. Defendants Eddy L. O. Jansson and Matthew Skala ( Jansson and Skala") willfully and knowingly violated the copyright laws (17 U.S.C. §101 et. seq.) and wrongfully converted Cyber Patrol, by reverse engineering the software, developing source code and binaries to bypass its protections and then posting that bypass information on the Internet in downloadable form. Jansson and Skala bragged about their unlawful conduct in a March 11, 2000 press release that they circulated widely on the Internet, including through web sites in Massachusetts and elsewhere in the United States. Defendants Scandinavia Online AB ( Scandinavia Online") and Islandnet.Com ( Islandnet") host Jansson's and Skala's Web sites that contain links to download the illegally-created source code and binaries. Microsystems seeks in this action, among other things, immediate injunctive relief ordering defendants to take down Jansson's and Skala's Web-site links posting the Cyber Patrol bypass source code and binaries, and to enjoin defendants from further disseminating such information. The need for injunctive relief is critical: (1) Microsystems will prevail on the merits of their copyright and other claims; (2) without injunctive relief, Microsystems will continue to suffer irreparable harm; and (3) no public interest is served by defendants' continued distribution of illegally-produced source code and binaries to bypass Cyber Patrol, which program is designed to otherwise prevent sexually explicit or other inappropriate material from getting into the hands of children. PARTIES 1. Plaintiff Microsystems Software, Inc. is a Massachusetts corporation with its principal place of business at 600 Worcester Road, Framingham, Massachusetts. Microsystems is the developer and distributor of the Cyber Patrol software program, which is the most widely-used Internet filtering software. America Online uses Microsystems' technology for its parental controls and hundreds of thousands of families have purchased Cyber Patrol software to help protect children from Web sites such as those that advocate violence or hate, or post sexually explicit content meant for adults. 2. Plaintiff Mattel, Inc. is a Delaware corporation with its world headquarters and principal place of business in El Segundo, California. Mattel owns Microsystems. 3. Defendant Eddy L. O. Jansson is an individual who, upon information and belief, resides in Sweden. 4. Defendant Matthew Skala is an individual who, upon information and belief, resides in British Columbia, Canada. 5. Defendant Scandinavia Online AB is, upon information and belief, a Swedish company. Scandinavia Online's own Web site identifies its mailing address as Box 1388, S-111 93 Stockholm, Sweden. Scandinavia Online hosts Jansson's Web site. 6. Defendant Islandnet.Com is, upon information and belief, a Canadian company. Islandnet's own Web site identifies a mailing address of 1412 Quadra Street, Victoria, British Columbia V8V 2L1, Canada. Islandnet hosts Skala's Web site. JURISDICTION 7. This Court has original jurisdiction over this action pursuant to 28 U.S.C. § 1331. This Court also has jurisdiction over this case under 28 U.S.C. §§ 1332 in that there is diversity of citizenship between the parties and the amount in controversy exceeds $75,000. FACTS 8. Microsystems develops, markets and licenses Cyber Patrol software, which is designed to filter sexually explicit or other materials not appropriate for children (e.g. material advocating drugs, violence, bombmaking, cults, etc.) posted on the World Wide Web. Microsystems holds registered copyrights in the Cyber Patrol software program. 9. The Cyber Patrol license agreement expressly prohibits reverse engineering or decompiling the software: This is a legal agreement between you (either as an individual or an entity) and Mattel, Inc. BY INSTALLING OR USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, AND YOU ARE THE ORIGINAL PURCHASER OF THE SOFTWARE, PROMPTLY UNINSTALL THE SOFTWARE FROM YOUR HARD DRIVE OR RETURN THE SOFTWARE (INCLUDING PRINTED MATERIALS) TO THE PLACE WHERE YOU PURCHASED IT FOR A FULL REFUND. COPYRIGHT. All intellectual property rights in the Software (including all animations, audio, images, maps, music, photographs, video, and text incorporated into the Software) are owned by Mattel, Inc. and its affiliates, suppliers, and licensors, and are protected by United States copyright laws and international treaty provisions . . . You may not reverse engineer, decompile, or disassemble the Software, except to the extent that this restriction is expressly prohibited by applicable law. (emphasis added). 10. Jansson and Skala obtained a copy of Cyber Patrol software either by piracy or under the Cyber Patrol license agreement. 11. Piracy of the Cyber Patrol software by use of an unlicensed copy violates copyright law. 12. Even if Jansson and Skala lawfully obtained a copy of Cyber Patrol, they admit that they then reverse engineered the software, which is expressly prohibited by the Cyber Patrol license agreement. 13. Such reverse engineering violates copyright law. 14. Thereafter, again by their own admission, Jansson and Skala used the information they obtained by reverse engineering the Cyber Patrol software to develop source code and binaries that enable a user to bypass the protections built into the Cyber Patrol software program (the Bypass Code"). 15. Jansson and Skala then posted links on their respective Web sites to enable Internet users to download the Bypass Code. 16. On March 11, 2000, Jansson and Skala issued a press release bragging that they had reverse engineered the Cyber Patrol software and announcing that they had posted Bypass Code on Jansson's Web site. Skala's Web site posted links to Jansson's Web site. In their press release, Jansson and Skala expressly admitted to reverse engineering the Cyber Patrol software: CyberPatrol(R)4, a censorware" product intended to prevent users from accessing undesirable Internet content has been reverse engineered by youth rights activists Eddy L. O. Jansson and Matthew Skala. . . . A detailed report of their findings, titled, The Breaking of Cyber Patrol(R)4", with commentary on the reverse engineering process and cryptographic attacks against the product's authentication system, has been posted on the World Wide Web . . . A package of source code and binaries implementing the attacks is included. (A redacted copy of the press release is attached as Exhibit A). 17. Jansson and Skala then forwarded their press release via E-mail to individuals and organizations throughout the United States and the world, including web-hosting services in Acton, Massachusetts, Minnesota and Washington. 18. The practical effect of Jansson's and Skala's conduct is that, through links posted on Jansson's and Skala's Web sites, children may obtain the Bypass Code and thereby defeat parents' efforts to screen inappropriate material. 19. From a commercial perspective, Microsystems has suffered and continues to suffer immediate and irreparable harm through the violation of its copyrights as well as the distribution of the illegally-created Bypass Code designed to render the Cyber Patrol software program worthless. COUNT I (Copyright Infringement against Jansson and Skala) 20. Microsystems repeats, realleges and incorporates by reference herein the allegations set forth in paragraphs 1-19 above. 21. Jansson's and Skala's reverse engineering of the Cyber Patrol software program constitutes knowing, intentional and deliberate violation of Microsystems' copyrights. 22. As a result, Microsystems has suffered and continues to suffer damages and irreparable injury. COUNT II (Copyright Infringement Against Islandnet and Scandinavia Online) 23. Microsystems repeats, realleges and incorporates by reference herein the allegations set forth in paragraphs 1-22 above. 24. Islandnet's and Scandinavia Online's posting of material obtained and created in violation of Microsystems' copyrights also violates Microsystems' copyrights. 25. As a result, Microsystems has suffered and continues to suffer damages and irreparable injury. COUNT III (Breach of Licensing Agreement against Jansson and Skala) 26. Microsystems repeats, realleges and incorporates by reference herein the allegations set forth in paragraphs 1-25 above. 27. To the extent that Jansson and Skala properly obtained a copy of the Cyber Patrol software program, Jansson and Skala breached the express terms of the Cyber Patrol licensing agreement. 28. As a result, Microsystems has suffered and continues to suffer damages and irreparable injury. COUNT IV (Interference with Advantageous Business Relations against Jansson and Skala) 29. Microsystems repeats, realleges and incorporates by reference herein the allegations set forth in paragraphs 1-29 above. 30. Defendants Jansson and Skala intentionally or recklessly interfered with Microsystems' relationships with third party users of Cyber Patrol. 31. As a result, Microsystems has suffered and continues to suffer damages and irreparable injury. COUNT V (Conversion against Jansson and Skala) 32. Microsystems repeats, realleges and incorporates by reference herein the allegations set forth in paragraphs 1-31 above. 33. Defendants Jansson and Skala tortiously and unjustifiably converted Cyber Patrol for their own use. 34. As a result, Microsystems has suffered and continues to suffer damages and irreparable injury. COUNT VI (Theft of Trade Secrets against Skala and Jansson) 35. Microsystems repeats, realleges and incorporates by reference herein the allegations set forth in paragraphs 1-34 above. 36. The Cyber Patrol software program constitutes and contains proprietary and confidential trade secrets owned by Microsystems. 37. By reverse engineering the Cyber Patrol software program, Jansson and Skala stole such trade secrets and used them for their own use without Microsystems' permission. 38. As a result, Microsystems has suffered and continues to suffer damages and irreparable injury. WHEREFORE, Plaintiffs respectfully request that this Court: A. Issue a temporary restraining order, and preliminary and permanent injunctions ordering defendants, their employees, agents and assigns to take down the links posted on Jansson's and Skala's Web sites to the Cyber Patrol bypass source code and binaries, and to enjoin defendants from further disseminating such information. B. Enter judgement in favor of Plaintiffs on Counts I-VI in an amount to be determined at trial. C. Impose penalties for willful violation of the copyright laws. D. Order such further relief as the Court deems just and proper. PLAINTIFFS HEREBY REQUEST A JURY ON ALL ISSUES SO TRIABLE. Microsystems Software, Inc. and Mattel, Inc By their attorneys, _________________________________ Irwin B. Schwartz BBO#548763 Joel G. Beckman BBO#553086 Laura N. Kling BBO#638313 SCHWARTZ and NYSTROM, LLC 419 Boylston Street Boston, Massachusetts 02116 (617) 421-1800 (617) 421-1810 (fax) Dated: March 15, 2000 VERIFICATION David McEvoy hereby states: 1. I am Vice President and Assistant General Counsel for Mattel, Inc. and Microsystems Software, Inc. 2. I have read the foregoing complaint, which I declare to be true and correct to the best of my knowledge, information and belief. SWORN TO UNDER THE PAINS AND PENALTIES OF PERJURY UNDER THE LAWS OF THE COMMONWEALTH OF MASSACHUSETTS AND THE UNITED STATES. Executed on 16 March 2000 at El Segundo, California. David McEvoy =============== UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS ---------------------------------- -- MICROSYSTEMS SOFTWARE, INC., a Massachusetts corporation, and MATTEL, INC., a Delaware corporation, Plaintiffs, vs. SCANDINAVIA ONLINE AB, a Swedish corporation; ISLANDNET.COM, a Canadian corporation; EDDY L. O. JANSSON, a Swedish citizen; and MATTHEW SKALA, a Canadian citizen, Defendants. ---------------------------------- CIVIL NO. MEMORANDUM IN SUPPORT OF EX PARTE MOTION FOR TEMPORARY RESTRAINING ORDER AND EXPEDITED DISCOVERY Plaintiffs Microsystems Software Inc. and Mattel, Inc. (together, Microsystems") respectfully submit this memorandum in support of their Ex Parte Motion For Temporary Restraining Order and Expedited Discovery. INTRODUCTION Defendants Eddy L. O. Jansson and Matthew Skala ( Jansson" and Skala", respectively) violated Federal and international copyright protections by reverse engineering Microsystems' Cyber Patrol child-protection software. Jansson and Skala then created and posted on their Web sites, hosted by defendants Scandinavia On Line AB ( Scandinavia Online") and Islandnet.Com ( Islandnet"), source code and binaries designed to bypass Cyber Patrol (the Bypass Code"). These Web sites allow children to download the Bypass Code and defeat their parents' efforts to screen out sexually explicit and other Web content inappropriate for children such as materials advocating drugs, violence, explosives or cults. The Bypass Code created in violation of Microsystems' copyrights is distributed on the World Wide Web and is causing Microsystems immediate and irreparable harm. Moreover, the Bypass Code posted on the defendants' Web sites potentially exposes thousands of children to material on the Internet that their parents affirmatively sought to screen out. Accordingly, Microsystems respectfully requests that the Court: (1) temporarily restrain all defendants and order defendants to take down the links to Jansson's and Skala's Web sites posting the Cyber Patrol Bypass Code and binaries, and to enjoin defendants from further disseminating such information; (2) permit Microsystems extremely limited expedited discovery to further identify Jansson and Skala as well as to track identities and addresses of all persons who accessed the Bypass Code; and (3) order the defendants to preserve all documents and data in their present form and keep inviolate the Bypass Code contained on Jansson's and Skala's Web sites. FACTS Microsystems developed and markets and licenses Cyber Patrol software, which is designed to screen computer access to sexually explicit and other materials posted on the Internet (Ver. Comp. ¶1). Microsystems holds registered copyrights in the Cyber Patrol software program (Ver. Comp. ¶8). Anyone lawfully obtaining a copy of Cyber Patrol is required to agree to explicit prohibitions against reverse engineering the software as provided in the Cyber Patrol software license agreement: This is a legal agreement between you (either as an individual or an entity) and Mattel, Inc. BY INSTALLING OR USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, AND YOU ARE THE ORIGINAL PURCHASER OF THE SOFTWARE, PROMPTLY UNINSTALL THE SOFTWARE FROM YOUR HARD DRIVE OR RETURN THE SOFTWARE (INCLUDING PRINTED MATERIALS) TO THE PLACE WHERE YOU PURCHASED IT FOR A FULL REFUND. COPYRIGHT. All intellectual property rights in the Software (including all animations, audio, images, maps, music, photographs, video, and text incorporated into the Software) are owned by Mattel, Inc. and its affiliates, suppliers, and licensors, and are protected by United States copyright laws and international treaty provisions . . . You may not reverse engineer, decompile, or disassemble the Software, except to the extent that this restriction is expressly prohibited by applicable law. (Ver. Comp. ¶9). Jansson and Skala obtained a copy of Cyber Patrol software either by piracy or under the license agreement (Ver. Comp. ¶10). After obtaining a copy of Cyber Patrol, Jansson and Skala willfully, knowingly and deliberately undertook to violate Microsystems' copyrights in the software (Ver. Comp. ¶21). Jansson and Skala openly admit that they reverse engineered Cyber Patrol notwithstanding the express prohibitions in the license agreement (Ver. Comp. ¶12). Thereafter, again by their own admission, Jansson and Skala used the information they obtained by reverse engineering to develop the Bypass Code (Ver. Comp. ¶14). Jansson and Skala then posted links on their respective Web sites to enable Internet users to download the Bypass Code (Ver. Comp. ¶15). On March 11, 2000, Jansson and Skala issued a press release bragging that they had reverse engineered the Cyber Patrol software and posting the Web address at which users could download for free the Bypass Code (Ver. Comp. ¶16). In their press release, Jansson and Skala announced: CyberPatrol(R)4, a censorware" product intended to prevent users from accessing undesirable Internet content has been reverse engineered by youth rights activists Eddy L. O. Jansson and Matthew Skala. A detailed report of their findings, titled, The Breaking of Cyber Patrol(R)4", with commentary on the reverse engineering process and cryptographic attacks against the product's authentication system, has been posted on the World Wide Web . . . A package of source code and binaries implementing the attacks is included. (Ver. Comp. ¶16). Jansson and Skala sent their press release via E-mail to individuals and organizations throughout the United States and the world, including a web-hosting service in Acton, Massachusetts (Ver. Comp. ¶17). The practical effect is that, through Jansson's and Skala's Bypass Code promotion and Internet posting, children may bypass their parents efforts to screen out inappropriate materials on the Internet (Ver. Comp. ¶18). ARGUMENT I. Microsystems is Entitled To Injunctive Relief A temporary restraining order or preliminary injunction should issue where there has been a copyright violation. 17 U.S.C. § 502(a). See Accusoft Corp. v. Palo, 923 F. Supp. 290, 297 (D. Mass. 1996) (issuing injunction pursuant to 17 U.S.C. § 502(a) and Fed. R. Civ. P. 65(d) in copyright dispute). Courts apply a modified injunctive relief standard in copyright cases and the movant need only show two factors: likelihood of success on the merits and that the balance of harms tips in its favor. Id. at 295 (citation omitted). A. Microsystems Is Likely To Succeed On The Merits Of Its Copyright Infringement Claim To prove a copyright violation, Microsystems need only demonstrate (1) ownership of a valid copyright and (2) copying by the defendants. Data General Corp. v. Grumman Systems Support Corp., 803 F. Supp. 487, 490 (D. Mass. 1992) (denying motion to dismiss copyright violation); Accusoft Corp., 923 F. Supp. at 295 (reciting elements of copyright claim). [I]ntermediate copying of computer object code may infringe exclusive rights granted to the copyright owner". Sega Enter., 977 F. Supp. at 1519. In this case, there can be no dispute that Microsystems has a valid copyright in Cyber Patrol (Ver. Comp. ¶8). In addition, Jansson and Skala have admitted that they reversed engineered Microsystems' copyrighted work, which is a prima facie violation of the copyright laws (Ver. Comp. ¶¶12, 13). In fact, defendants Jansson and Skala either unlawfully obtained the Cyber Patrol software in the first place or obtained it by license which they then violated by the reverse engineering process (Ver. Comp. ¶10). In either case, the defendants have violated Microsystems' copyright. See Sony Computer Enter., 2000 WL 144399 at *6; Sega Enter., 977 F.2d at 1518. B. The Fair Use Exception Is Inapplicable Here To establish that a copyright violation is permitted by the fair use exception, courts weigh the following four statutory factors: (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and (4) the effect of the use upon the potential market for or value of the copyrighted work. 17 U.S.C. § 107. As the Ninth Circuit held in Sony Computer Entertainment, Inc. v. Connectix Corp., and Sega Enter. LTD. v. Accolade, Inc., Jansson and Skala's disassembly of copyrighted object code was, as a matter of law, a fair use only under narrow exceptions. Sony Computer Enter, 2000 WL 144399 at *6; Sega Enter., 977 F.2d at 1518. The narrow exception carved out by the Ninth Circuit is inapplicable here because Jansson and Skala can claim no "protected by copyright or some other such "legitimate reason" for reverse engineering. Sega Enter., 977 F.2d at 1518. Rather, Jansson and Skala were accessed Microsystems' copyrighted code in with the purpose to destroy its usefulness and cause irreparable harm to Microsystems. This conduct does not fall into the narrow exception carved out by the Ninth Circuit. Furthermore, to negate fair use one need only show that if the challenged use should become widespread, it would adversely affect the potential market for the copyrighted work." Harper & Row, Pub. Inc., v. Nation Ent., 417 U.S. 539, 568 (1985) (finding no fair use). By their own admission, Jansson and Skala created the Bypass Code to break" Cyber Patrol (Ver. Comp., Ex. A). Software explicitly designed to make Cyber Patrol ineffective for its intended use, by definition, seeks to destroy the market for Microsystems' product. Moreover, the fair use exception is unavailable here because the express purpose of the Bypass Code is contrary to Congressional intent. The fair use exception cannot be used to protect work that expressly violates public policy. C. The Harm To Microsystems Outweighs Any Possible Harm to Defendants An injunction should enter where the harm to the copyright holder outweighs any harm to the infringer. Accusoft Corp., 923 F. Supp. at 295 (granting injunction). In this case, the defendants will suffer absolutely no harm if required to cease all dissemination of the Bypass Code. In contrast, Microsystems -- as well as the public -- will continue to suffer irreparable harm unless the defendants are prohibited from distributing the Bypass Code. II. Expedited Discovery and a Document Preservation Order Is Necessary to Determine the Extent of Microsystems' Irreparable Harm and To Promote Mitigation of Damages Expedited discovery is appropriately where, as here, delay may result in continued irreparable harm. See, e.g., Express One Int'l, Inc. v. U.S. Postal Service, 814 F. Supp. 87, 92 (D.D.C. 1992) (enjoining contract and granting expedited discovery); Polo Fashions, Inc. v Everything Goes, No. 84-11549-K, slip op. at 7-9 (D. Mass. May 18, 1984) (granting expedited discovery and temporary restraining order ex parte because it is the only method of preserving a state of affairs in which the Court can provide effective final relief"). Expedited discovery is also appropriate to enable the court to judge the parties' interests and respective chances for success on the merits." Edudata Corp. v. Scientific Computers, Inc., 599 F. Supp. 1084, 1088 (D. Minn.) (granting expedited discovery), aff'd in part and rev'd in part on other grounds, 746 F.2d 429 (8th Cir. 1984). Microsystems is suffering irreparable harm from the publication of the Bypass Code on Jansson's and Skala's Web sites, but the full extent of the irreparable harm is presently unknown. Indeed, Microsystems needs to discover who has downloaded the Bypass Code to ensure that it is not distributed in further violation of Microsystems' copyrights. In addition, Microsystems needs further identification of Jansson and Skala for proper service of these papers and the Verified Complaint. In short, given the speed with which information spreads on the Internet, Microsystems is entitled to know more about Jansson and Skala and the breadth of the impact of their posting without waiting for the traditional discovery mileposts. Microsystems' requested discovery is narrowly tailored and asks Scandinavia Online and Islandnet only to respond to two document requests to provide information easily accessible to them and the usual time provided by the Rules is unnecessary. Microsystems also requests that this Court issue a document preservation order which would require all defendants to preserve and hold inviolate Web sites, documents, source code and binaries relating to Cyber Patrol and the Web sites discussed above. CONCLUSION For the foregoing reasons, Microsystems respectfully requests that the Court enter a temporary restraining order against the defendants and grant the requested expedited discovery and document preservation order. Dated: March 15, 2000 Respectfully submitted, _________________________________ Irwin B. Schwartz BBO#548763 Joel G. Beckman BBO#553086 Laura N. Kling BBO#638313 SCHWARTZ and NYSTROM, LLC 419 Boylston Street Boston, Massachusetts 02116 (617) 421-1800 (617) 421-1810 (fax) Counsel for Microsystems Software, Corp. and Mattel, Inc. ================= UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS ---------------------------------- -- MICROSYSTEMS SOFTWARE, INC., a Massachusetts corporation, and MATTEL, INC., a Delaware corporation, Plaintiffs, vs. SCANDINAVIA ONLINE AB, a Swedish corporation; ISLANDNET.COM, a Canadian corporation; EDDY L. O. JANSSON, a Swedish citizen; and MATTHEW SKALA, a Canadian citizen, Defendants. ---------------------------------- CIVIL NO. PLAINTIFFS' EX PARTE MOTION FOR TEMPORARY RESTRAINING ORDER AND EXPEDITED DISCOVERY Upon the Verified Complaint, this Ex Parte Motion and the attached Memorandum of Law, plaintiffs Microsystems Software Inc. and Mattel, Inc. (collectively, Microsystems") move pursuant to Federal Rules of Civil Procedure Rules 4, 30(a), 34(b) and 65(b) that the Court issue a Temporary Restraining Order and order defendants Scandinavia Online AB and Islandnet.Com to respond to the limited discovery requested by Microsystems. In support of its motion, Microsystems relies on the Memorandum of Law submitted herewith and states as follows: 1. Microsystems develops, markets and licenses the Cyber Patrol" software program, which is designed to filter out certain designated material on the Internet. Defendants Eddy L. O. Jansson and Matthew Skala ( Jansson and Skala") willfully and knowingly violated the copyright laws (17 U.S.C. §101 et. seq.) and wrongfully converted Cyber Patrol, by reverse engineering the software, developing source code and binaries to bypass its protections and then posting that bypass information on the Internet in downloadable form. Jansson and Skala touted their unlawful conduct in a March 11, 2000 press release that they circulated widely on the Internet, including through web sites in Massachusetts and elsewhere in the United States. The corporate defendants host Jansson's and Skala's Web sites that contain links to download the illegally-created source code and binaries. 2. Microsystems seeks in this action, among other things, immediate injunctive relief ordering defendants to take down the links on Jansson's and Skala's Web sites that post the Cyber Patrol bypass source code and binaries, and to enjoin all defendants from further disseminating such information. WHEREFORE Microsystems respectfully requests that this Court: (1) issue a Temporary Restraining Order requiring the defendants to: take down the links posted on Jansson's and Skala's Web sites to the Cyber Patrol bypass source code and binaries, and cease from further disseminating any such information; (2) grant Microsystems leave to request that the corporate defendants immediately produce the documents as described in Plaintiffs' First Requests for Production of Documents attached as Exhibit A to the (Proposed) Order, submitted herewith; (3) indefinitely preserve inviolate all such Web sites, source or object code and documents relating to Cyber Patrol as well as all records which reflect the identity or number of persons who have accessed such Web site and/or downloaded information from the Web sites; and (4grant any other relief the Court deems just and proper. ORAL ARGUMENT REQUESTED Plaintiffs respectfully request oral argument on this Motion. Microsystems Software, Inc. and Mattel, Inc. By their attorneys, _________________________________ Irwin B. Schwartz BBO#548763 Joel G. Beckman BBO#553086 Laura N. Kling BBO#638313 SCHWARTZ and NYSTROM, LLC 419 Boylston Street Boston, Massachusetts 02116 (617) 421-1800 (617) 421-1810 (fax) Dated: March 15, 2000