Martin Shkreli, the controversial pharmaceutical executive, has been ordered to surrender all copies of the unique Wu-Tang Clan album, Once Upon a Time in Shaolin.
As per Rolling Stone, the directive is part of a temporary restraining order (not a final ruling, but a preliminary order pending the final outcome of the lawsuit) issued on August 26th, arising from an ongoing lawsuit with the digital art collective PleasrDAO.
PleasrDAO acquired the album in 2021 after Shkreli was compelled to forfeit it as part of a $7.4 million forfeiture linked to his 2017 fraud conviction.
The legal action by PleasrDAO alleges that Shkreli violated the terms of the original purchase agreement and the forfeiture order by making digital copies of the album. He reportedly played it during his livestreams and distributed it to others. The court’s recent decision mandates that Shkreli must not only cease possessing, using, or disseminating any part of the album but also hand over all copies, in any form, by August 30th. Furthermore, he is required to sign an affidavit confirming compliance with these orders.
By September 30th, Shkreli is also expected to submit another affidavit detailing any instances of the album being copied or shared, including potential earnings from such activities. This legal skirmish highlights ongoing concerns about the control and distribution of digital media, especially when linked to high-profile legal and ethical issues.
Shkreli’s lawyer, Ed Paltzik, commented on the ruling, stating, “This order is merely a preliminary measure entered by the court to maintain the perceived status quo before any discovery occurs — the order has no bearing whatsoever on the final outcome of the case.” He emphasised that the court did not find PleasrDAO likely to succeed based on the merits of their case.
PleasrDAO filed a lawsuit against Shkreli in June. The original suit outlined numerous occasions where Shkreli seems to admit to playing the album on his livestreams or making copies.
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For example, during a stream on June 30th, 2022, shortly after his release from prison, Shkreli remarked, “Of course I made MP3 copies, they’re like hidden in safes all around the world… I’m not stupid. I don’t buy something for two million dollars just so I can keep one copy.” Additional statements from earlier this year include dismissive comments about the exclusivity of the album, underscoring his disregard for the legal agreements in place.
Earlier this year, Once Upon a Time in Shaolin was unveiled at Mona in Tasmania. For a limited time only, visitors to the museum were able to see the album on display, with limited access to public listening events also held in Mona’s Frying Pan Studios.
