US federal judge Pamela Chan has ordered Martin Shkreli “Pharma Bro” to turn over any and all copies he possesses of an ultra-rare Wu-Tang Clan album “Once Upon A Time in Shaolin” from 2015.
Not only that, but Shkreli is also forbidden from streaming or disseminating copies of the record, which is not just ultra-rate, but only a single copy exists on the planet, and Pharma Bro owns it. Why is this happening? The album’s current owner, digital collective “PleasrDAO”, claims that Shkreli has unauthorized copies of the album, and distributed it without permission.
Steven Cooper, one of the attorneys representing PleasrDAO provided an oral argument in the US District Court for the Eastern District of New York with Judge Pamela Chan, with Cooper releasing a statement saying: “Today’s ruling by the court is an important victory for our client PleasrDAO, who owns the exclusive rights to the one-of-a-kind-Wu-Tang Clan album“.
The Wu-Tang Clan sold its one-of-a-kind album through online auction site Paddle8, with the group selling the album-as-artwork in an attempt to create a new model of support for pop music in the way the art world works. The $2 million price was paid by Pharma Bro, but years later he was arrested under a criminal fraud conviction, and the “Once Upon A Time in Shaolin” album was seized by the US government.
Just after getting out of prison, Pharma Bro streamed a copy of the “Once Upon A Time in Shaolin” album on social media, telling his followers that he had copies of the album “hidden in safes all around the world”.
Judge Chen provided Pharma Bro with one week to turn over any and all copies of the album to his attorney, and provide an affidavit confirming that he returned it. On top of that, she ordered that within 30 days, Pharma Bro has to provide an inventory of all of the copies he has of the album, who he provided them to, and how much money he made distributing Wu-Tang Clan’s album.
The hearing minutes were published on sites like CourtListener: “the Court issued a preliminary injunction as to Defendant Shkreli: (1) enjoining him from possessing, using, disseminating, or selling any interests in the Album, including its data and files, or in any way causing further damage to Plaintiff respecting the Album through this conduct; (2) ordering him to provide an inventory and accounting of the copies of the Album that he has retained and the individuals to whom he has distributed the data and files, and any attendant revenue; and (3) ordering him to turn over to his counsel all recordings of the Album’s contents that Defendant possesses or controls”.
“Written order to follow. In addition, the following deadlines were set: (1) by August 30, 2024, Defendant to file (A) affidavit from Defendant, under penalty of perjury, attesting that he has turned over all of his copies, in any form, of the Album or its contents to defense counsel, and no longer possesses any copies, in any form, of the Album or its contents, and (B) letter confirming that defense counsel has possession of said copies and contents; and (2) by September 30, 2024, Defendant to file an accounting, in the form of an affidavit by him, under penalty of perjury, identifying (A) all known copies, in any form, of the Album or its contents, (B) whether those copies were distributed, and if so, when, to whom, and how, and (C) the amounts, source, date, and nature of any proceeds, revenues, profits, or other financial benefits made by Defendant from his distribution or playing of the Album or its contents”.