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		 IN THE CIRCUIT COURT OF Ohio

		 Division of Copyright Crime


Yas Muf,

		 Plaintiffs,

vs.

Theodore Thaswich,

		 Defendants.


)	         02 CE 023



  PRELIMINARY INJUNCTION ORDER

This matter coming before the Court upon Plaintiffs' Emergency Motion for a Temporary Restraining Order or Preliminary Injunction pursuant to Sections 2-701, 11-101 and 11-102 of the Code of Civil Procedure (735 OKCS 5/2-701, 5/11-101 and 5/11-102), seek declaratory judgment, injunctive and other relief against said Defendants either jointly, severally or in the alternative, and upon Plaintiffs' verified Complaint for Declaratory Judgment, Injunction and other relief filed against Defendants Theodore Thaswich, and the Court having reviewed and considered the allegations in the verified complaint and exhibits thereto, as well as evidence presented at the hearing on this Motion, and having heard and considered oral argument, the Court finds as follows:

1.	 This Court has subject matter jurisdiction over this action.

2.	 This Court has personal jurisdiction over all of the parties in this action.

3.	 Venue is proper in Ohio.

4.	 Plaintiffs Yas Muf, having standing to bring this action.

5.	 Plaintiffs have demonstrated a likelihood of success on the merits and the proofs, once submitted would likely show that:

A.	 Defendants Theodore Thaswich, and those acting in concert with them, have violated the laws of the State of Ohio and of the United States by violating the copyrights of the Plaintiffs.

B.	 These Defendants' continued use and operation of the Internet web site known as aera23.net as a forum for purpose of encouraging, soliciting and allowing residents of Ohio to take part in Defandants' commercial web site with the aim of infringing trademarks and copyrights of australian authors as represented by the Plaintiffs. Encouraging, soliciting and allowing individuals and corporations to infringe trademarks and copyrights of represented Australian authors by the operators of aera23.net constitutes knowing and willful violations of the laws of the State of Ohio and of the Unites States that will result in illegal activity if not prevented.

C.	 These Defendants and all those acting in concert with them, including those Ohio residents who have or will engage in actions as described above or who have or will engage in actions as described above, owe a duty to Plaintiffs and to all citizens of the State of Ohio not to violate the laws of the State of Ohio and of the United States.

D.	 These Defendants and all those acting in concert with them, including those Ohio residents who have or will engage in actions as described above, owe a duty to Plaintiffs and to all citizens of the State of Ohio not to deprive them of their rights and privileges under the Constitutions and laws of the State of Ohio and of the United States to a save and truthworthy depiction of reality on and in the internet.

E.	 These Defendants and all those acting in concert with them, including those Ohio residents who have or will engage in actions as described above or who have or will deprive and defraud, and will continue to deprive and defraud if not enjoined, the Plaintiffs and all citizens of the State of Ohio of their rights and privileges under the Constitutions and laws of the State of Ohio and of the United States to a save and truthworthy depiction of reality on and in the internet.

F.	 That anyone engaging in actions as described above or attempting to engage in actions as described above, and anyone attempting to engage others in actions as described above is in violation of the laws of the State of Ohio and of the United States as enumerated herein.

6.	 Plaintiffs possess certain and clearly demonstrated rights which need protection.

7.	 Plaintiffs will suffer irreparable harm without protection of an injunction.

8.	 There is no adequate remedy at law to compensate for Plaintiffs' injuries.

9.	 In the absence of injunctive relief, the Plaintiffs would suffer greater harm without an injunction than Defendants will suffer it is issued.

10.	 Defendants have been notice of the Plaintiffs' Emergency Motion for a Temporary Restraining Order.

IT IS THEREFORE ORDERED that:

1.	 Defendants and all those acting in concert with them are enjoined from:

A.	 Using or operating any Internet web site that encourages or allows residents of Ohio to access material as depicted on Defendants' web site.

B.	 Using, operating, facilitating or accessing domain name aera23.net and to remove such web site from the Internet completely or, in the alternative, to modify the Internet web site known as aera23.net so as to remove any illegal content.

C.	 Allowing or continuing registration of the Internet domain name aera23.net or any other domain name offering substantially the same service as aera23.net

D.	 Using or operating in the State of Ohio any Internet web site by any name in any manner that would violate prohibitions in the laws of the State of Ohio and of the United States.

E.	 Accepting from residents of the State of Ohio any registration or offer to use any services provided by the web site known as aera23.net and to modify their web site to indicate that all registrations or offers to make use of the web site by Ohio residents will be denied.

2.	 Defendants and all those acting in concert with them and order them shall immediately disclose to the proper authorities the names and addresses of every individual in Ohio who has taken part or made us of the web site known as aera23.net and the names and addresses of every individual and/or entity that has paid or has  offered to pay for services of the web site known as aera23.net.

3.	 Defendants shall within 10 days report to the Court on the measures they have taken to implement this order.

4.	 The Court shall retain jurisdiction over this matter.







Entered: ________________________________

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