Free Motion for Default Judgment - District Court of Delaware - Delaware


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Date: March 17, 2005
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State: Delaware
Category: District Court of Delaware
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Case 1 :04-cv-01454-KAJ Document 9-6 Filed 03/17/2005 Page 1 of 3
IN THE UNITED STATES DISTRTCT COURT
FOR THE DISTRICT OF DELAWARE
WARNER BROS. RECORDS INC., a )
Delaware corporation; MOTOWN ) CTVIL ACTION No. 04-1454-KA]
RECORD COMPANY, LP., a California )
limited partnership; VlRGlN RECORDS )
AMERICA, INC., a California )
corporation; INTERSCOPE RECORDS, a )
California general partnership; CAPITOL )
RECORDS, INC., a Delaware )
corporation; BMG MUSIC, a New York )
general partnership; and SONY BMG )
MUSIC ENTERTAINMENT, a Delaware )
general partnership, )
)
. . )
Plaintiffs, )
)
vs. )
l
GEORGIE BROKENBROUGI-I, )
)
)
Defendant. )
DEFAULT JUDGMENT ANI) PERMANENT INJUNCTION
Based upon Plaintit`fs' Application For Default Judgment By The Court, and good cause
appearing therefor, it is hereby Ordered and Adjudged that:
l. Defendant shall pay damages to Plaintiffs for infringement of Plaintiffs
copyrights in the sound recordings listed in Exhibit A to the Complaint, inthe total principal sum
of Five Thousand Two Hundred and Fifty Dollars ($5,250.00).
2. Defendant shall pay Plaintii:`fs’ costs of suit herein in the amount of Two Hundred
and Thirty Three Dollars ($233.00).
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Case 1:O4—cv—O1454-KAJ Document 9-6 Filed O3/17/2005 Page 2 of 3
3. Defendant shall be and hereby is enjoined from directly or indirectly infringing
Plaintiffs rights under federal or state law in the following copyrighted sound recordings:
· "l’d Ratherf on album "l-uther Vandrossf by artist "Luther Vandross" (SR# 298-
047);
• "Love is Stronger Than Pride," on album "Stronger Than Pride," by artist "Sade"
(SR# 93-822);
. "Dreamsf on album "Ru1nonrs," by artist "Fleetwood l\/lac" (SR# N39857);
. "Please Bon't Go," on album "Cooleyhighhannony," by artist "Boyz ll Men"
(SR# 212-333);
• "l Get Lonely," on album "The Velvet Rope,“ by artist “.lanet Jackson" (SR# 26l-
516);
· "Gotta Man," on album ”l-et There Be Eve...Ruff Ryder's First Lady," by artist
"l3ve" (SR# 265-925);
· "l Can't Make You Love Me," on album "Luck of the Draw," by artist "Bonnie
Raitt" (SR# 133-193);
and in any other sound recording, whether now in existence or later created, that is owned or
controlled by the Plaintiffs (or any parent, subsidiary, or affiliate record label of Plaintiffs)
("Plaintiffs Recordings"), including without limitation by using the Internet or any online media
distribution system to reproduce (Le., 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 has
downloaded onto any computer hard drive or server without Plaintiffs authorization and shall
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Case 1:O4—cv—O1454-KAJ Document 9-6 Filed O3/17/2005 Page 3 of 3
destroy all copies of those downioaded recordings transferred onto any pnysicai medium or
device in Defendanfs possession, custody, or ctmttoi.
DATED: By:
Hon. Kent A. Jordan
United States District Judge
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