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Capitol Records, LLC v. Bluebeat

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


November 18, 2009

CAPITOL RECORDS, LLC, A DELAWARE LIMITED LIABILITY COMPANY; CAROLINE RECORDS, INC., A NEW YORK CORPORATION; EMI CHRISTIAN MUSIC GROUP INC., A CALIFORNIA CORPORATION; PRIORITY RECORDS, LLC, A DELAWARE LIMITED LIABILITY COMPANY; VIRGIN RECORDS AMERICA, INC., A CALIFORNIA CORPORATION; AND NARADA PRODUCTIONS, INC., A WISCONSIN CORPORATION, PLAINTIFFS,
v.
BLUEBEAT, INC., A DELAWARE CORPORATION, DOING BUSINESS AS WWW.BLUEBEAT.COM; MEDIA RIGHTS TECHNOLOGIES, INC., A CALIFORNIA CORPORATION; BASEBEAT, INC., A DELAWARE CORPORATION, DOING BUSINESS AS WWW.BASEBEAT.COM; HANK RISAN, AN INDIVIDUAL; AND DOES 1 THROUGH 10, DEFENDANTS.

The opinion of the court was delivered by: Honorable John F. Walter

NOTE: CHANGES MADE BY THE COURT

PRELIMINARY INJUNCTION

For the reasons stated in the Court's minute order dated November 18, 2009, IT IS HEREBY ORDERED THAT Defendants BlueBeat, Inc., Media Rights Technologies, Inc., Basebeat, Inc., and Hank Risan, and their respective agents, servants, directors, officers, principals, employees, representatives, subsidiaries and affiliated companies, successors, assigns, and those acting in concert with them or at their direction (collectively "Defendants"), are hereby:

1. Preliminarily enjoined and restrained pending trial from:

(a) Directly or indirectly infringing in any manner any right in any and all copyrighted works (or portions thereof), whether now in existence or later created, in which any Plaintiff (including its parents, subsidiaries, affiliates, or distributed labels) owns or controls an exclusive right under Section 106 of the United States Copyright Act (17 U.S.C. § 106) (the "Copyrighted Sound Recordings"), including without limitation by directly or indirectly copying, reproducing, downloading, distributing, communicating to the public, uploading, linking to, transmitting, publicly performing, or otherwise exploiting in any manner any of Plaintiffs' Copyrighted Sound Recordings (including but not limited to those set forth in Schedule A to the Complaint), whether through the websites www.bluebeat.com, www.basebeat.com, or otherwise; and

(b) Directly or indirectly infringing in any manner any right in any and all sound recordings originally fixed in a tangible medium of expression prior to February 15, 1972, in which any Plaintiff (including its parents, subsidiaries, affiliates, or distributed labels) owns or controls an exclusive right or under state or common law (the "Pre-1972 Sound Recordings"), including without limitation by directly or indirectly copying, reproducing, downloading, distributing, communicating to the public, uploading, linking to, transmitting, publicly performing, or otherwise exploiting in any manner any of Plaintiffs' Pre-1972 Sound Recordings (including but not limited to those set forth in Schedule B to the Complaint), whether through the websites www.bluebeat.com, www.basebeat.com, or otherwise.

Plaintiffs shall not be required to post a bond upon the issuance of this Preliminary Injunction.

IT IS SO ORDERED.

Honorable John F. Walter United States District Judge Central District of California

20091118

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