A live performance from RZA and his fellow Wu-Tang Clan members. Photo Credit: Adam Riggall
A federal court has ordered Martin Shkreli to turn over “all of his copies, in any form,” of Once Upon a Time in Shaolin, the seventh studio album from the Wu-Tang Clan.
Judge Pamela K. Chen handed down that order today as part of a wider preliminary injunction, with the underlying case having been levied by crypto-focused company PleasrDAO back in June. (Also in June, the ultra-limited-edition work became available, at least in part, to the public as a token.)
For a bit of quick background, the Wu-Tang Clan in 2015 released just one physical copy of Once Upon a Time in Shaolin, which isn’t available via streaming services.
The so-called “pharma bro” Shkreli bought the decidedly rare double-CD for a reported $2 million, but authorities ultimately seized the asset following his conviction on securities charges. The aforementioned PleasrDAO then purchased the project, indicating in legal documents that it had paid a total of $4.75 million.
Predictably, given the hefty price tag, Once Upon a Time in Shaolin “was supposed to constitute the sole existing copy of the record, music, data and files, and packaging,” according to PleasrDAO’s action.
But “Shkreli improperly retained copies of the data and files at the time of the forfeiture and has released and/or intends to release them to the public,” the platform further claimed in the initial suit, specifically alleging, among other things, violations of the Defend Trade Secrets Act.
Needless to say, the alleged violations are hardly sitting right with the buyer, which participated in a preliminary injunction hearing this past Friday, August 23rd.
And during said hearing, the court was convinced that there were “sufficiently serious questions” about the potential “violation of the Defend Trade Secrets Act,” besides concerns relating to possible unjust enrichment as well as “immediate and irreparable injury” to PleasrDAO.
Consequently, Judge Chen has barred the 41-year-old defendant “from possessing, using, disseminating, or selling any interest in the Wu-Tang Clan album Once Upon a Time in Shaolin,” per the order.
Additionally, as highlighted, the judge ordered Shkreli to “turn over all of his copies, in any form,” of the 31-track album to his counsel by Friday, August 30th. Along with these copies, the Brooklyn native must sign an affidavit confirming “that he no longer possesses” the 110-minute effort.
Not stopping there, the court settled on the same deadline for the submission of “a letter from defense counsel certifying that they have taken possession of” the album copies. And by the 30th of September, Shkreli will need to provide the “names and contact information of the individuals to whom” he forwarded the work and any financial proceeds therefrom.
“Defendant is warned that any act by him in violation of any of the terms of this Order, after actual notice of this Order to Defendant, may be considered and prosecuted as contempt of this Court,” Judge Chen spelled out in closing.
On social media this afternoon, Shkreli took aim at the sales attributable to the NFT for Once Upon a Time in Shaolin and addressed reports of the preliminary injunction via different tweets.
