Free Stipulation - District Court of Delaware - Delaware

Case 1 :05-cv-00517-KAJ Document 6 Filed 10/07/2005 Page 1 of 4
IN 'I`I·E[E UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
MAVERICK RECORDING COMPANY, )
a California joint venture; UMG ) CIVIL ACTION No, i:O5—cv—O0517-KA]
RECORDINGS, INC", a Delaware )
corporation; EMG MUSIC, a New Yorlt )
general partnership; CAPITOL )
RECORDS, NC., a Delaware )
corporation; INTERSCOPE RECORDS, a )
California general partnership; WARNER )
BROS, RECORDS INC., a Delaware )
corporation; ELEKTRA )
ENTERTAEWWENT GROUP INC, a )
Delaware corporation; and ARISTA )
RECORDS LLC, a Delaware limited )
liability company, )
)
y )
Plaintiffs, )
)
vs. )
)
MICHAEL RUNNE, )
)
>
Defendant. )
STIPULATION TO JUDGMENT AND PERMANENT IN,lUNCTION
Plaintiffs and Defendant hereby stipulate to the following terms, and that the
Court may enter a final Judgment and Permanent Injunction in favor of Plaintiffs anti against
Defendant without further notice or appearance by the parties, as follows:
1. Defendant shall pay to Plaintiffs in settlement of this action the sum of
$ae75.a0.
2. Defendant shall pay Plaintiffs costs of suit (complaint tiling fee and service of
process fee) in the amount of $325.00,

Case 1:05-cv-00517-KAJ Document 6 Filed 10/07/2005 Page 2 of 4
3. Plaintiffs allege that Defendant distributed (including by uploading) and/or
reproduced (including by downloading) via the Internet or an online media distribution systern
copyrighted sound recordings owned or controlled by the Plaintiffs, without Plaintiffs
authorization, in violation of 17 U.S.C. § 501, Without admitting or denying liability, Defendant
does not contest plaintiffs} allegations, and acknowledges that such conduct is wrongful.
4. 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) ("P1aintiffs' Recordings"), including without limitation by:
a) using the Internet or any online media distribution system to reproduce (Le.,
download) any of Plaintif`f`s' 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; or
b) causing, authorizing, permitting, or facilitating any third party to access the
Internet or any online rnedia distribution system through the use of an Internet
connection and/or computer equipment owned or controlled by Defendant, to
reproduce (ie, 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
2,

Case 1:05-cv-00517-KAJ Document 6 Filed 10/07/2005 Page 3 of 4
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 controlt
5. Defendant has been property and validly served with the Summons and
Complaint in this action, and is suhject to the jurisdiction of the Court,
6. 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.
7, Defendant irrevocably and fully waives any and all right to appeal the 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,
8, 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 this Stipulation to
Judgment and Permanent Injunction,
Qt Defendant shall not make any public statements that are inconsistent with any
term of this Stipulation to Judgment and Permanent Injunction.
10, Defendant acknowledges that Defendant has read this Stipulation to Judgment and
Permanent Iniunction, and the attached {Proposed] Judgment and Permanent Injunction, has had
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Case 1:05-cv-00517-KAJ Document 6 Filed 10/07/2005 Page 4 of 4
the opportunity to have them explained by counsel of Dei’endant's choosing, fully understancis
them and agrees to be bound thereby, and will not deny the truth or accuracy of any term or
provision herein, Defendant is atleast 18 years oid and is otherwise legally competent to enter
into this Stipulation to Judgment and Permanent Injunction.
11. The Court shail maintain continuing jurisdiction over this action for the purpose
of enforcing this final Judgment and Permanent Injunction.,
DATED; /0/ 2;/ OA tml 4*/{ge {
Ream oeiamn (#95/O? >
Lisa McLaughlin (#?>g/3 )
PI-IIYLLEPS, GOLDMAN & SPENCE,
P-/-X,
1200 North Broom Street [
Wilmington, DE 19806
Tel: (302) 65542.00
Fax: (302.) 655~4?.10
Attorneys for Piaintiffs MAVERICK
RECORDHQG CO.; UMC:
RECORDINGS, INC; BMG MUSIC;
CAPITOL RECORDS, INC;
INTERSCOPE RECORDS; WARNER
BROS RECORDS INC.; ELEKTRA
ENTERTAINMENT GROUP INC.; and
ARISTA RECORDS LLC
DATED: Q"/(9 @ :> By:
ichael Runne, in propgjcz persona
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