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


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Date: December 16, 2005
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State: Delaware
Category: District Court of Delaware
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Case 1 :04-cv-01454-KAJ Document 16 Filed 12/16/2005 Page 1 of 3
» IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
WARNER BROS. RECORDS INC., a )
Delaware corporation; MOTOWN ) CIVIL ACTION No. 04-1454-KA]
RECORD COMPANY, LP., a California )
limited partnership; VIRGIN 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 ENTERTARWMENT, a Delaware )
general partnership, )
)
. . l
Plaintiffs, )
)
vs. )
I
GEORGIE BROKENBROUGH, )
A )
)
Defendant. )
DEFAULT JUDGMENT AND PERMANENT INJUNCTION
Based upon Plaintiffs Application For Default Judgment By The Court, and good cause
appearing therefor, it is hereby Ordered and Adjudged that:
1. Defendant shall pay damages to Plaintiffs for infringement of Plaintiffs
copyrights in the sound recordings listed in Exhibit A to the Complaint, in the total principal sum
of Five Thousand Two Hundred and Fifty Dollars ($5,250.00).
2. Defendant shall pay Plaintiffs costs of suit herein in the amount of Two Hundred
and Thirty Three Dollars ($233.00).
wt. risen vl (3J'SB0l!.DOC)104706.4d6

Case 1 :04-cv—01454-KAJ Document 16 Filed 12/16/2005 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:
· "I'd Rather," on album "Luther Vandross} by artist "Luther Vandross" (SR# 298-
047);
• "Love ls Stronger Than Pride," on album "Stronger Than Pride," by artist "Sade"
(SR# 93-822);
. "Dreams," on album "Rurnours," by artist "Fleetwood Mac" (SR# N39857);
· "Please Don't Go," on album "Cooleyhighharmony," by artist "Boyz Il Men"
(SR# 212-333);
. "I Get Lonely," on album "The Velvet Rope," by artist "Janet Jackson" (SR# 261-
516);
• "Gotta Man," on album "Let There Be Eve...Ruff Ryder's First Lady," by artist
"Eve" (SR# 265-925);
. "I Can‘t Make You Love Me," on album "Luck of the Draw," by artist "Bonnie
Raitt" (SR# l33—l93);
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 afhliate record label of Plaintiffs)
("Plaintiffs' Recordings"), including without limitation by using the Internet or any online media
distribution system 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 has
downloaded onto any computer hard drive or server without Plaintiffs authorization and shall
-2-
wi.; sl isszsi vi (s1sB0i!.D0C) 104106-Ma

Case 1 :04-cv—01454-KAJ Document 16 Filed 12/16/2005 Page 3 of 3
destroy all copies of those downloaded recordings transferred onto any physical medium or
device in Defendants possession, custody, or control.
DATED: l 2-//G / c>·<»"' By;
n. Kent A. ord n
United States Di tri udge
-3,-
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