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Twentieth Century Fox Film Corp. v. ssupload.com

January 26, 2009

TWENTIETH CENTURY FOX FILM CORPORATION, A DELAWARE CORPORATION; COLUMBIA PICTURES INDUSTRIES, INC., A DELAWARE CORPORATION; DISNEY ENTERPRISES, INC., A DELAWARE CORPORATION; PARAMOUNT PICTURES CORPORATION, A DELAWARE CORPORATION; SONY PICTURES ENTERTAINMENT INC., A DELAWARE CORPORATION; UNIVERSAL CITY STUDIOS PRODUCTIONS LLLP, A DELAWARE LIMITED LIABILITY LIMITED PARTNERSHIP; UNIVERSAL CITY STUDIOS LLLP, A DELAWARE LIMITED LIABILITY LIMITED PARTNERSHIP; AND WARNER BROS. ENTERTAINMENT INC., A DELAWARE CORPORATION, PLAINTIFFS,
v.
SSUPLOAD.COM, A BUSINESS ENTITY OF UNKNOWN FORM; ERDENAY KOKDEN, AN INDIVIDUAL, D/B/A SSUPLOAD.COM; JEFFERY WEST, AN INDIVIDUAL, D/B/A SSUPLOAD.COM; RICHARD LEWIS, AN INDIVIDUAL, D/B/A SSUPLOAD.COM; NURULLAH KILIC, AN INDIVIDUAL, D/B/A SSUPLOAD.COM, DEFENDANTS.



The opinion of the court was delivered by: Honorable George H. Wu

CONSENT JUDGMENT

Plaintiffs Twentieth Century Fox Film Corporation, Columbia Pictures Industries, Inc., Disney Enterprises, Inc., Paramount Pictures Corporation, Sony Pictures Entertainment Inc., Universal City Studios Productions LLLP, Universal City Studios LLLP, and Warner Bros. Entertainment Inc. (collectively, "Plaintiffs"), and Defendants Erdenay Kokden d/b/a www.ssupload.com and Nurullah Kilic d/b/a www.ssupload.com (collectively, "Defendants") having entered into a Stipulation for Entry of Judgment and the Court having entered an Order thereon,

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED:

1. Defendants have engaged in contributory copyright infringement and inducement of copyright infringement by actively searching for, identifying, collecting, posting, organizing, indexing, and posting on their website (www.ssupload.com) links to infringing material, which has been posted on third-party websites.

2. Defendants are liable for damages to Plaintiffs in the amount of Five Hundred and Fifty-Six Thousand Dollars ($556,000).

3. Defendants and their agents, servants, employees, representatives, assigns, licensees, transferees, and all those acting in concert with Defendants, at their direction or within their control (collectively, "Defendants"):

(a) shall immediately and permanently cease and desist from operating Ssupload.com, except as otherwise provided for in Paragraph 5;

(b) shall immediately and permanently cease and desist from operating any website that is substantially similar to Ssupload.com; and

(c) shall immediately and permanently cease and desist from directly, indirectly, contributorily, or vicariously infringing in any manner any copyright in any and all motion pictures, television programs, and other copyrighted works (or portions thereof), whether now in existence or later created, in which any Plaintiff (including its parents, subsidiaries, or affiliates) owns or controls an exclusive right under Section 106 of the United States Copyright Act (17 U.S.C. § 106) or pursuant to copyright laws of other countries or territories (the "Copyrighted Works"), including, but not limited to, engaging in any of the following without appropriate written authority or license from the appropriate Plaintiff:

(i) copying, reproducing, downloading, distributing, uploading, linking to, transmitting, or publicly performing any of the Copyrighted Works;

(ii) enabling, facilitating, permitting, assisting, soliciting, encouraging, inducing, or persuading any person or entity to copy, reproduce, download, distribute, upload, link to, transmit, or publicly perform any of the Copyrighted Works; and/or

(iii) profiting or benefiting from the unauthorized copying, reproduction, downloading, distribution, uploading, linking to, transmission, or public performance of any of the Copyrighted works while declining to exercise a right to stop or limit such unauthorized copying, reproduction, downloading, distribution, uploading, linking to, transmission, or public performance of any of the Copyrighted works.

(d) if necessary, shall cease to operate or assist in the operation of, and will not profit or benefit from, any website known or suspected by Defendants to be engaging in direct, indirect, contributory, or vicarious infringement of any of the Copyrighted Works;

(e) shall not operate or, provide links to, assist or participate in any way in the operation of, or in any way profit or benefit from, any website that enables, facilitates, permits, assists, solicits, encourages, or induces the copying, reproduction, downloading, distributing, uploading, linking to, transmitting, or public performance of any of the Copyrighted Works, unless and until Defendants have obtained ...


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