UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
C O L U M B I A P I C T U R E S
INDUSTRIES, INC., DISNEY
ENTERPRISES, INC., PARAMOUNT
PICTURES CORP., TRISTAR
PICTURES, INC., TWENTIETH
CENTURY FOX FILM CORP.,
W A R N E R B R O S .
ENTERTAINMENT, INC.,
UNIVERSAL CITY STUDIOS LLLP
and UNIVERSAL CITY STUDIOS
PRODUCTIONS LLLP,
Plaintiffs,
vs.
JUSTIN BUNNELL, FORREST
PARKER, WES PARKER,
VALENCE MEDIA LLC,
Defendants.
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2:06-cv-01093-FMC-JCx
JUDGMENT AND PERMANENT INJUNCTION
The Court, having terminated this case as a sanction for Defendants’
misconduct and having entered default, now renders final judgment as to all claims
of Plaintiffs against Defendant Valence Media LLC. It is therefore
ORDERED, ADJUDGED and DECREED that: Judgment shall be entered
against Valence Media LLC (Defendant) for willful inducement of copyright
Case 2:06-cv-01093-FMC-JC Document 409 Filed 05/05/2008 Page 1 of 4
infringement, contributory copyright infringement, and vicarious copyright
infringement, pursuant to 17 U.S.C. §§ 501, et seq. It is further
ORDERED, ADJUDGED and DECREED that: Plaintiffs are awarded
statutory damages of $30,00 per infringement pursuant to 17 U.S.C. § 504(c), for
each of the 3,699 infringements shown, for a total judgment in the amount of
$110,970,000, and judgment shall be entered against Defendant in that amount.
Plaintiffs are awarded their costs of court. It is further
ORDERED, ADJUDGED and DECREED that:
1. For the purposes of this Permanent Injunction, the “[TorrentSpy]Create? System”
refers to the software, websites, electronic data, forums, guides, and frequently
asked questions (“FAQs”) that make up or support www.torrentspy.com.
“Copyrighted Works” shall mean copyrighted works, or portions thereof,
whether now in existence or later created, in which any Plaintiff (or parent,
subsidiary or affiliate of any Plaintiff) owns or controls an exclusive right
under the United States Copyright Act, 17 U.S.C. §§ 101 et seq.
2. Defendant, and its officers, agents, servants, employees, and attorneys, and
all those in active concert or participation with Defendant who receive actual
notice of this Permanent Injunction shall immediately and permanently be
enjoined from directly, indirectly, contributorily, or vicariously infringing in
any manner any Copyrighted Works, including without limitation by engaging
in any of the following activities:
- (a) encouraging, promoting, soliciting, or inducing, or knowingly
materially contributing to, enabling, facilitating, or assisting, any
person or entity, via any computer server, computer program,
Case 2:06-cv-01093-FMC-JC Document 409 Filed 05/05/2008 Page 2 of 4
website, or online system, network or service, including without
limitation any peer-to-peer or file-trading network, (i) to
reproduce, download, distribute, upload, or publicly perform or
display any Copyrighted Work, or (ii) to make any Copyrighted
Work available for reproduction, download, distribution, upload,
or public performance or display, or
- (b) reproducing, downloading, distributing, uploading, or
publicly performing or displaying any Copyrighted Work.
3. The terms of paragraph 2 of this injunction shall not apply to any
Copyrighted Work for which Defendant has obtained express written
authorization or license for the use being made of such Copyrighted Work
from each Plaintiff that owns or controls the rights to such Copyrighted Work,
to the extent such license remains in force and valid.
4. Prior to Defendant entering into any agreement or transaction whatsoever
to sell, lease, license, assign, convey, give away, distribute, loan, barter,
hypothecate, encumber, pledge or otherwise transfer, whether or not for
consideration or compensation, any part of the software, source code, data
files, other technology, domain names, trademarks, or brands used in
connection with the [TorrentSpy]Create? System (a “Transfer of [TorrentSpy]Create?-Related
Assets”), Defendant shall require, as a condition of any such transaction, that
the transferee:
- (a) submit to the Court’s jurisdiction and venue,
- (b) agree to be bound by the terms herein, and
- (c) apply to the Court for an order adding it as a party to this Permanent Injunction.
Case 2:06-cv-01093-FMC-JC Document 409 Filed 05/05/2008 Page 3 of 4
Defendant shall not permit any Transfer of [TorrentSpy]Create?-Related Assets to close
until the Court has entered such an order. Defendant further shall not engaged
in a Transfer of [TorrentSpy]Create?-Related Assets with or to any person whom
Defendant knows to be engaged in conduct that would violate the terms of
Paragraph 1 above.
5. The Defendant shall give notice of this Permanent Injunction to each of its
respective officers, agents, servants, employees, attorneys, principals, and
direct and indirect shareholders.
6. Nothing in this Permanent Injunction shall limit the right of Plaintiffs to
seek to recover damages under 17 U.S.C. § 504, or costs, including attorneys’
fees, under 17 U.S.C. § 505.
7. Violation of this Permanent Injunction shall expose the Defendant to all
applicable penalties, including for contempt of Court.
8. The Court shall maintain jurisdiction over this action for the purposes of
enforcing this Permanent Injunction.
It is SO ORDERED.
Dated: May 5, 2008 _____________________________
- FLORENCE-MARIE COOPER, Judge
- UNITED STATES DISTRICT COURT
Sources:
Tags: bittorrent, copyright, torrentspy
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