The opinion of the court was delivered by: The Honorable John F. Walter
Trial: April 6, 2010 Pre-Trial Conference: March 12, 2010
Plaintiffs Warner Bros. Entertainment Inc. and Disney Enterprises, Inc. ("Plaintiffs") and Defendants Mohy Mir and Supernova Tube, Inc. ("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 by actively searching for, identifying, collecting, posting, organizing, indexing, and posting on the website www.free-tv-video-online.info ("FreeTV") links to infringing material which has been posted on third-party websites.
2. Defendants are liable for damages to Plaintiffs in the amount of One Million, Five Hundred Thousand Dollars ($1,500,000).
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"), shall, whether in the United States, Canada, or any other country:
A. immediately and permanently cease and desist from operating FreeTV, except as otherwise provided for in Paragraph 5;
B. immediately and permanently cease and desist from operating any website that is substantially similar to FreeTV; and
C. immediately and permanently cease and desist from (i) directly, indirectly, contributorily, or vicariously infringing in any manner, or (ii) enabling, facilitating, permitting, assisting, soliciting, encouraging, inducing, or persuading anyone to infringe in any matter, any copyright in any motion picture, television program, or other copyrighted work (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 the copyright laws of Canada or any other country or territory, or any exclusive license thereto (the "Copyrighted Works"), including, but not limited to, engaging in any of the following without express written authority or license from the appropriate Plaintiff:
1. copying, reproducing, downloading, distributing, uploading, or linking to, any of the Copyrighted Works;
2. transmitting, streaming, performing in public, or communicating to the public by telecommunication, any of the Copyrighted Works;
3. enabling, facilitating, permitting, assisting, soliciting, encouraging, inducing, or persuading any person or entity to copy, reproduce, download, distribute, upload, link to, transmit, stream, perform in public, or communicate to the public by telecommunication or publicly perform any of the Copyrighted Works;
4. 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 streaming, performing in ...