Home Tech/AIMartin Shkreli can face a lawsuit for duplicating Wu-Tang’s unique album.

Martin Shkreli can face a lawsuit for duplicating Wu-Tang’s unique album.

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Martin Shkreli can face a lawsuit for duplicating Wu-Tang's unique album.

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A judge has determined that the worth of the album is undeniably linked to its “secret and exclusive nature.”

A judge has determined that the worth of the album is undeniably linked to its “secret and exclusive nature.”

A picture of Wu-Tang’s Once Upon a Time in Shaolin album.
A picture of Wu-Tang’s Once Upon a Time in Shaolin album.
Terrence O'Brien
is the weekend editor at the Verge. He has more than 18 years of experience, including a decade as managing editor at Engadget.

Infamous pharmaceutical entrepreneur, convicted criminal, and ongoing competitor for America’s Most Disliked Individual, Martin Shkreli will be required to defend against a lawsuit for reproducing the Wu-Tang Clan’s Once Upon a Time in Shaolin. US District Judge Pamela Chen declared on Thursday that some allegations from the album’s current proprietors, PleasrDAO, will be dismissed, but the case regarding “misappropriation of trade secrets” will proceed.

Referring to trade secrets might appear unusual when discussing the most exclusive album ever created, but Chen notes in her ruling that:

“Trade secrets encompass all forms and types of business information” as long as the above-mentioned requirements concerning “reasonable measures” to maintain secrecy and the “independent economic value” derived from that secrecy are fulfilled.

She further stated that there was, “no significant dispute that the worth of the Album… was largely contingent upon its secret and exclusive nature.”

In August, Shkreli was compelled to surrender any copies of Once Upon a Time in Shaolin, following a lawsuit from PleasrDAO (a type of crypto art collective) that accused him of unlawfully retaining copies of the album and reducing its value. The collective even asserts that Shkreli intended to release his copies for which PleasrDAO paid approximately $4 million at a government auction.

According to PleasrDAO’s filing, Shkreli acknowledged in livestream broadcasts that he had duplicated the album and was accused of showcasing it for his audience. He even allegedly mocked a DAO member, responding to an image of the album with “LOL I have the mp3s you fool.” One thing is evident, time in prison and being compelled to relinquish one of his most prized assets hasn’t toned down Shkreli’s attitude.

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