Free Motion for Permanent Injunction - District Court of Delaware - Delaware

Case 1 :04-cv—00969-KAJ Document 38 Filed 1 1/28/2006 Page 1 of 4
11/I?/OS FRI 12:55 FAX SU.? 858 1434 SCD WIIMINGTGN @005
IN THE UNITED STATES DISTRICT COURT
F OR THE DISTRICT OF DELAWARE
"'“§*o$t’—?‘Musrc ai¥r`TE1>.rA@’@°f` ")
INC., a Delaware corporation; WARNER g CIVIL ACTION No. 1:04-ov—00969-KAI
BROS. RECORDS INC., a Dalawara
corporation; UMG RECORDINGS, INC., )
a Dalawaw corporation; ARISTA g
RECORDS LLC, a Dclawaro Iimltad
liability company; and ATLANTIC )
RECORDING CORPORATION, a g
Dalawarc corporation,
) .
_ )
Plaintiffs, )
) .
vs. g
DEENA I-IALL, )
Dafericlant. )
}
)
)
)
.,__....._......__........-J
STIPULATITION TQ JUDGMENT AND PERMAN EN T INIUNCTION
Plaintiffs and Defendant hereby stipulate to tho following torrns, and that tha
Court may antar a final Jud grnont and Parma;-rant Injunction in favor of Plaintiffs and against
Dafandant without further notion or appearance by tho parties, as follows:
1. Doiiandant shall pay to Plaintiffs in scttlumcnt of this action thc sum of $9445.00.
2. Defendant shall pay Plaintiffs' coats of suit (complaint tiling fcc and so-wioo of
process-fcc-2} in the amotmt ¤f$255.00. E

Case 1 :04-cv—00969-KAJ Doou ment 38 Filed 1 1/28/2006 Pago 2 of 4
11/17/06 FRI 12255 FAX 302 656 1434 SCD WILMINGTON 006
3. Plaintiffs allege that Defendant distributed (including by uploading) and/or
reproduced (including by downloading) vic the Internet or an online media distribution system
copyrighted sound recordings owned or controlled by the PlaintitTs, without l`·'laintiffs’
· authorization, in violation of 17 U.S.C. § 501. Without admitting or denying liability, Defendant
docs not contest plaintiffs allegations, and acknowledges that such conduct is wrongful.
4. Defendant shallbe and hereby is enjoined from directly or indirectly infringing
PlaintitTs‘ rights under federal or state law in any sound recording, whether now in existence or
later created, that is owned or controlled by Plaintiffs (or any parent, subsidiary, or affiliate
record label of Plaintiffs) ("Plaintiffs' Recordings"), including without limitation by:
s,) using the Internet or any online media distribution system to reproduce {te.,
download) any of Plaintiffs Recordings, to distribute (te., upload) any of
Plaintiffs Recordings, or to make any of Plaintiffs Recordings available for
distribution to the public, except pursuant to alawt'i1I license or with the express
authority of Plaintiffs; or I
b) causing, authorizing, permitting, or facilitatin g any third party to access the
Internet or any online media distribution system through the use of an Internet
connection and/or computer equipment owned or controlled by Defendant, to
reproduce (tie., download) any of P1aintifFs’ Recordings, to distribute (Le., upload)
` any o:fPlaintiffs' Recordings, or to make any ofPlaintiffs‘ Recordings available
for distribution to the public, except pursuant to a lawful license or with the
express authority ot'Pleinl‘iffs.
Defendant also shall destroy all copies of Plaintiff? Recordings that Defen dent and/or any third
party that has used thc Internet connection andfcr computer equipment owned or controlled by
2

- 4
Case 1 :04-cv—00969-KAJ Document 38 Filed 1 1/28/2006 Page 3 of
11/17/06 FRI 12:56 FAX 302 856 1434 SCD WILMINGTON 007
If)eIl&tr1de:nt]1as dovmloeded without Plaintiiilf authorization onto any computer hard drive or
server owned or controlled by Defendant, and shall destroy all copies of those downloaded
recordings transferred onto any physical .rnedit:u·n or device in Defencla:nt‘s possession, custody,
or control.
S. Defertdant has been properly and validly served with the Sunn-nons and
Complaint in this action, and is subject to the jurisdiction of the Court.
h 6. Defendant irrevocably and tiilly waives notice of entry of tho Judgment and
Permanent injunction, and understands and agrees that violation of the Judgment and Permanent
injunction will expose Defendant to all penalties provided by law, including for contempt of
Court. p
7. Dethndant irrevocably and fully waives any and all right to appeal the Judgment
and Permanent Iniunctlcn, to have it vacated or set aside, to seek or obtain a new trial thereon, or
otherwise to ettacit in any way, directly or colleterally, its validity or enforceability.
B. Nothing contained in the Judgment and Pctmanent Injunction shall limit thc right
of Plaintiffs to recover damages for any and all intringernents by Defendant of any right under
tene;-at copyright law or state law occurring after the date Defendant executes this Stipulation to
Judgment and Pcnznanent injunction.
9. Defendant shall not make any public statements that arc inconsistent with any
term of this Stipulstion to Judgment and Pennanent injunction.
ll]. Dofetident aclcnowledges that Defendant has read this Stipulation to Judgment and
Permanent injunction, and the attached [Proposed] Judgment and Permanent Inj unction. has had
3

‘ 1/28/2006 |°&Q€ 4 Of 4
Case 1 :04-cv—00969-KAJ Document 38 Filed 1 008
itunes mt tzasa mx noz use 1434 SCD WIT-MINGTDN
the opportunity to have them explained by counsel of Dct‘endzmt‘s choosing, hilly understands
thorn and agrees to be bound thereby, and will not deny the truth or eccuraczy of any tctm or
provision herein. Defendant is et least 18 years old and is otherwise legally competent to enter
into this Stipuletion to Judgment and Permanent Inj unction.
1. 1.. The Court shell msintein continuing jurisdiction over this action for the purpose
of enforcing this final .Tudg1-nom and Permanent 1nj nmetion.
H/. g /e//Ze//“__/( 4 ‘
DATED: 2 97 O C By: ` —· Q %~._\
Robert S. Goldman, Esq.
‘ Lisa Cresci McLoughlin, Esq.
Phillips, Goldman & Spence, P.A.
1200 North Broom Street
Wilmington, DE 19806
(New Castle Co.)
Mein Phone: (302) 6554200
Mein Fax: [302) 655-4210
Attorneys for P1t1in.titfs SONY MUSIC
ENTERTAINMENT IN C.; WARNER
BROS. RECORDS INC.: UMG
RECORDJNGS, INC.; ARISTA
RECORDS, INC.; and ATLAQNTIC
RBCORDIN G CORPORATION
DATED! BY: , _ ' _ ll , ‘éLQ.- ,_,_____
F rj ." "" " I V .
rt 5, I i J
DATED: /111 til By: · _r_1_i J I
Nrct 'I•t»»· s · -- ns
Swartz Cernpbell LLC ·
300 De1awereAve, Ste 1130
‘ Wilmington, DE 19801
Phone: (302)6S6—55·‘3S 1:25
Fax: (3093656-1434 .
Attorneys for Defendant Deena Hall
I 4