The opinion of the court was delivered by: The Honorable Gary A. Feess
[PROPOSED] CONSENT JUDGMENT
Plaintiffs Universal City Studios Productions LLLP, Universal City Studios LLLP, and Disney Enterprises, Inc. (collectively, "Plaintiffs"), and Defendant Veronica Mounie d/b/a www.sswarez.com ("Defendant"), 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. Defendant has engaged in contributory copyright infringement and inducement of copyright infringement by actively searching for, identifying, collecting, posting, organizing, indexing, and posting on her website (www.SSwarez.com) links to infringing material, which has been posted on third-party websites.
2. Defendant is liable for damages to Plaintiffs in the amount of Three Hundred Thousand Dollars ($300,000).
3. Defendant and her agents, servants, employees, representatives, assigns, licensees, transferees, and all those acting in concert with Defendant, at her direction or within her control (collectively, "Defendant"):
(a) shall immediately and permanently cease and desist from operating SSwarez.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 SSwarez.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:
(1) copying, reproducing, downloading, distributing, uploading, linking to, transmitting, or publicly performing any of the Copyrighted Works;
(2) 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
(3) 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 Defendant 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 Defendant has obtained ...