Free Judgment - District Court of Delaware - Delaware

Case 1 :05-cv-00517-KAJ Document 7 Filed 10/07/2005 Page 1 of 4
IN TI-IE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
MAVERICK RECORDING COMPANY. )
a Caiiforniajoint venture; UMG ) CIVIL ACTION No. I:05—cv-005 I 7-KA.}
RECORDINGS, INC., a Delaware )
corporation; BMG MUSIC, a New York ) ‘
general partnership; CAPITOL )
RECORDS, [NC., a Delaware )
corporation; INTERSCOPE RECORDS, a )
California general partnership; WARNER )
BROS. RECORDS INC., a Delaware )
corporation; ELEKTRA )
ENTERTAINMENT GROUP INC., a )
Delaware corporation; and ARISTA )
RECORDS LLC, a Delaware limited )
liability company, )
)
)
Plaintiffs, )
)
vs. )
)
MICHAEL RUNNE, )
)
)
Defendant. )
|Pl£ @ DI JUDGMENT AND PERMANENT INJUNCTION BASED ON
STIPULATION
The Court, having considered the Stipulation to Judgment and Permanent injunction
executed by the parties,
IT IS ORDERED AND ADJUDGED THAT:
l. Plaintiffs have alleged that Defendant distributed (including by uploading) and/or
reproduced (including by downloading) via the Internet or an online media distribution system
copyrighted sound recordings owned or controlled by the Plaintiffs, without PIaintiffs’

Case 1:05-cv-00517-KAJ Document 7 Filed 10/07/2005 Page 2 of 4
authorization, in violation of l7 U.S.Cl § SOI. Without admitting or denying liability, Defendant
has not contested plaintiffs' allegations, and has acknowledged that such conduct is wrongful
2r Defendant shall pay to Plaintiffs in settlement of this action the sum of $8675.00,
3. Defendant shall pay Plaintiffs costs of suit (complaint filing fee and service of
process fee) in the amount of $325.00.
4 Defendant shall be and hereby is enjoined from directly or indirectly infringing
Plaintil`fs' 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, srrbsidiary, 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 (iter, 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
Intemet or any online media distribution system throtrgh the use of an Internet
connection and/or computer equipment owned or controlled by Defendant, to
reproduce (rf. e., download) any of Plaintiffs Recordings, to distribute (Le., 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.
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Case 1:05-cv-00517-KAJ Document 7 Filed 10/07/2005 Page 3 of 4
Defendant also shall destroy all copies ofPl11intiffs' 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 Defendants possession, custody,
or control.
5. Defendant irrevocably and fully waives notice of entry of the Judgment and
Permanent injunction. and understands and agrees that violation ofthe Judgment and Permanent
Injunction will expose Defendant to all penalties provided by law, including for contempt of
Court.
6 Defendant irrevocably and fully waives any and all right to appeal this Judgment
and Permanent Iniunction, 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.
7. 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
8. Defendant shall not make any public statements tltat are inconsistent with any
term of the Stiptrlation to Judgment and Permanent Injunction.
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Case 1:05-cv-00517-KAJ Document 7 Filed 10/07/2005 Page 4 of 4
9 The Court shall maintain continuingjutisdiction over this action for the purpose
of enforcing this final Judgment and Permanent injunction-
¤ME¤¤ .[.....T’O , F . itia i
I-I . Kent A. Jordan i
United States District Ju
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