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

Case 5:07-cv-04856-JF

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Matthew Franklin Jaksa (CA State Bar No. 248072) HOLME ROBERTS & OWEN LLP 560 Mission Street, 25th Floor San Francisco, CA 94105-2994 Telephone: (415) 268-2000 Facsimile: (415) 268-1999 Email: [email protected] Attorneys for Plaintiffs, UMG RECORDINGS, INC.; BMG MUSIC; ATLANTIC RECORDING CORPORATION; and SONY BMG MUSIC ENTERTAINMENT UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

UMG RECORDINGS, INC., a Delaware corporation; BMG MUSIC, a New York general partnership; ATLANTIC RECORDING CORPORATION, a Delaware corporation; and SONY BMG MUSIC ENTERTAINMENT, a Delaware general partnership, Plaintiffs, v. TIFFANY ELLAINA TURNER, Defendant.

CASE NO. C 07-04856-JF Honorable Jeremy Fogel [PROPOSED] JUDGMENT AND PERMANENT INJUNCTION BASED ON STIPULATION

[Proposed] Judgment and Permanent Injunction Case No. c 07-04856-JF
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The Court, having considered the Stipulation to Judgment and Permanent Injunction executed by the parties, IT IS ORDERED AND ADJUDGED THAT: 1. $11,780.00. 2. Defendant shall pay Plaintiffs' costs of suit (complaint filing fee and service of Defendant shall pay to Plaintiffs in settlement of this action the total sum of

process fee) in the amount of $420.00. 3. Defendant shall be and hereby is enjoined from directly or indirectly infringing

Plaintiffs' 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: a) using the Internet or any online media distribution system to reproduce (i.e.,

download) any of Plaintiffs' Recordings, to distribute (i.e., upload) any of Plaintiffs' Recordings, or to make any of Plaintiffs' Recordings available for distribution to the public, except pursuant to a lawful license or with the express authority of Plaintiffs; or b) causing, authorizing, permitting, or facilitating 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 (i.e., download) any of Plaintiffs' Recordings, to distribute (i.e., upload) any of Plaintiffs' Recordings, or to make any of Plaintiffs' Recordings available for distribution to the public, except pursuant to a lawful license or with the express authority of Plaintiffs. Defendant also shall destroy all copies of Plaintiffs' Recordings that Defendant and/or any third party that has used the Internet connection and/or computer equipment owned or controlled by Defendant has downloaded without Plaintiffs' 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 medium or device in Defendant's possession, custody, or control.
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4.

Defendant irrevocably and fully waives notice of entry of the 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. 5. Defendant irrevocably and fully waives any and all right to appeal this Judgment and

Permanent Injunction, to have it vacated or set aside, to seek or obtain a new trial thereon, or otherwise to attack in any way, directly or collaterally, its validity or enforceability. 6. Nothing contained in the Judgment and Permanent Injunction shall limit the right of

Plaintiffs to recover damages for any and all infringements by Defendant of any right under federal copyright law or state law occurring after the date Defendant executes the Stipulation to Judgment and Permanent Injunction. 7. The Court shall maintain continuing jurisdiction over this action for the purpose of

enforcing this final Judgment and Permanent Injunction.

Dated: ______________

By: ________________________________ Honorable Jeremy Fogel United States District Judge

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