Martin “Pharma Bro” Shkreli — who’s been in a legal fight with PleasrDAO over a one-off Wu-Tang Clan album — has argued in court that members of the hip hop group should take part in the legal tussle.
Shkreli said in a Jan. 6 dismissal motion to a Brooklyn federal court that if the bid for dismissal is unsuccessful, then Wu-Tang member Robert Diggs, who goes by RZA, and the album’s producer Tarik Azzougarh, known as Cilvaringz, should be included in the suit as “they maintain a property interest in the copyrights” to the album at issue.
PleasrDAO sued Shkreli in June 2024, claiming he wrongly held onto and threatened to release digital copies of a physical one-off Wu-Tang Clan album called Once Upon a Time in Shaolin — which caused “significant monetary and irreparable harm” to the group.
“As partial owners of the copyrights to the Musical Work, Diggs and Azzougarh must be considered indispensable parties to this action,” Shkreli argued.
“A determination that Plaintiff fully owns the Musical Work will disturb their 50% ownership and leave them subject to inconsistent and competing obligations,” he added.
A highlighted excerpt of Shkreli’s dismissal motion. Source: PACER
The former pharmaceutical firm executive also claimed that the purchase agreement when he bought the album gave him 50% copyright over its contents — even if he sold the physical box — and also allowed him to make copies.
PleasrDAO has owned the physical album since 2021 after buying it for $4.75 million from the Justice Department, which seized the album from Shkreli after his 2018 conviction for securities fraud.
In response to Shkreli’s dismissal motion filed the same day, PleasrDAO argued its purchase of the album from the government included an agreement where he gave up all rights, titles and interests in the album.
It added his motion “badly misconstrues the nature” of its lawsuit” and called on the court to toss the bid.
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In August, Judge Pamela Chen ordered Shkreli to “turn over all of his copies, in any form,” of the rap group’s album and sign an affidavit stating he no longer possesses any copies.
In a September letter to Judge Chen, PleasrDAO said Shkreli’s claim that he handed over all copies of the album was “dubious” and asked he be forced to undertake a deeper search.
In a Jan. 8 letter, PleasrDAO’s lawyers claimed “there remain unresolved issues” with Shkreli’s compliance with the order.
PleasrDAO claimed it sent Shkreli “a list of additional searches” for him to run for alleged remaining copies of the album on Dec. 9 and that his lawyers said he “conducted some, but not all of the searches.”
The group says it has followed up with Shkreli regarding the searches on Dec. 24 and Jan. 6 and alleged he “still has not responded to that request.”
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