prevail in this action, a limited preliminary injunction is appropriate. Posting of substantial, verbatim copies of sections of both the Course and of the entire "Text" section of the Cayce Version on a web page, from which anyone with access to a computer could copy the material and redistribute it with a click of a button, satisfies the requirement of "irreparable harm," while it cannot be said that Defendants would suffer any comparable harm were they to be enjoined from posting such material.
In addition, while Plaintiffs' likelihood of success on the merits of the action is unclear, the discussion of the summary judgment motions demonstrates beyond doubt that there are sufficiently serious questions going to the merits to make them a fair ground for litigation. In addition, the balance of hardships here certainly tips in favor of Plaintiffs. Indeed, Defendants appear to have recognized as much, as their counsel at oral argument represented that they do not object to shutting down web sites with infringing material to the extent they have control over such sites.
Thus, Defendants will be enjoined from posting material which is the subject of this litigation on their own web sites and
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