counsel in USDC 2015
015, via an Order to Show Cause. (Dkt. Nos. 5-13.) On June 18, 2015, the Court granted
2
Plaintiffs' Order to Show Cause and authorized service on the
Defendants via email.
week,
(Dkt.
No.
1 5.)
During the following
the Plaintiffs served the Website Defendants via email and
Elbakyan via email and postal mail.
On July 7,
Part One Judge,
and Elbakyan,
2015,
See Dkt.
Nos.
the Honorable Ronnie Abrams,
24-31. )
acting as
held a telephone conference with the Plaintiffs
during which Elbakyan acknowledged receiving the
papers concerning this case and declared that she did not intend
to obtain a lawyer.
conference,
(See Transcript,
Dkt.
No.
38. )
After the
Judge Abrams issued an Order directing Elbakyan to
notify the Court whether she wished assistance in obtaining pro
bono counsel,
se,
and advising her that while she could proceed pro
the Website Defendants,
not being natural persons,
(Dkt. No.
obtain counsel or risk default.
telephonic conference was held on July 14 ,
must
3 6. )
A second
2015,
during which
Elbakyan stated that she needed additional time to find a
lawyer.
( See Transcript,
the request,
Dkt.
No.
4 2. )
Judge Abrams granted
but warned Elbakyan th�t "you have to move quickly
both in attempting to retain an attorney and you' ll have to
stick to the schedule that is set once it' s set. "
After the telephone conference,
(Id.
at 6. )
Judge Abrams issued another
Order setting the preliminary injunction hearing for September
1 6 and directing Elbakyan to inform the Court by July 21 if she
wished assistance in obtaining pro bono counsel.
3
(Dkt. No.
4 0. )
The motion for a preliminary injunction was heard on
September 1 6,
hearing,
201 5.
None of the Defendants appeared at the
although Elbakyan sent a two-page letter to the court
the day before.
(Dkt. No.
50.)
Applicable Standard
Preliminary injunctions are "extraordinary and drastic
remed[ies]
that should not be granted unless the movant,
clear showing,
Armstrong,
carries the burden of persuasion. "
5 20 U. S.
district court may,
9 68,
972 (1997).
by a
Mazurek v.
In a copyright case,
at its discretion,
a
grant a preliminary
injunction when the plaintiffs demonstrate 1) a likelihood of
success on the merits,
injunction,
favor,
2) irreparable harm in the absence of an
3) a balance of the hardships tipping in their
and 4 ) that issuance of an in
counsel in Mattern 2014
itions](http://www.nooga.com/158480/hundreds-attend-will-this-float-
business-pitch-event/).
Last year, the Brooklyn Public Library, just a couple blocks from where I
live, opened its [Levy Info
Commons](http://www.bklynlibrary.org/locations/central/infocommons), which
includes space for laptop users and lots of desktop machines featuring
creative software suites; seven reserveable teleconference-ready meeting
rooms, including one that doubles as a recording studio; and a training lab,
which offers an array of digital media workshops led by a local arts and
design organization and also invites patrons to lead their own courses. A
typical month on their robust event calendar includes resume editing
workshops, a Creative Business Tech prototyping workshop, individual meetings
with business counselors, Teen Tech tutorials, computer classes for seniors,
workshops on podcasting and oral history and “adaptive gaming” for people with
disabilities, and even an audio-recording and editing workshop targeted to
poets, to help them disseminate their work in new formats. Also last year, the
Martin Luther King, Jr., Memorial Library in Washington, D.C., opened its
[Digital Commons](http://www.washingtonpost.com/blogs/the-switch/wp/2013/08/07
/the-digital-age-is-forcing-libraries-to-change-heres-what-that-looks-like/),
where patrons can use a print-on-demand bookmaking machine, a 3D printer, and
a co-working space known as the “Dream Lab,” or try out a variety of e-book
readers. The Chicago Public Library partnered with the Museum of Science and
Industry to open [a pop-up maker lab](http
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