UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
November 1, 2010
PARAMOUNT PICTURES CORPORATION, A DELAWARE CORPORATION; WARNER BROS. ENTERTAINMENT INC., A DELAWARE CORPORATION, PLAINTIFFS,
WATCH-MOVIES.NET, A BUSINESS ENTITY OF UNKNOWN FORM; WATCH-MOVIES-ONLINE.TV F/K/A WATCH-MOVIES-LINKS.NET F/K/A WATCH-MOVIES.NET, A BUSINESS ENTITY OF UNKNOWN FORM; VLADIMIR KRAMSKOY A/K/A VLADIMIR KRAMSKOI A/K/A VITALIY KRAMSKOY, AN INDIVIDUAL, D/B/A WATCH-MOVIES.NET, WATCH-MOVIES-LINKS.NET, AND WATCH-MOVIES-ONLINE.TV; AND DOES 2 THROUGH 5, INCLUSIVE, DEFENDANTS.
The opinion of the court was delivered by: The Honorable George H. Wu
AMENDED JUDGMENT PURSUANT TO ENTRY OF DEFAULT
Date: October 25, 2010
Time: 8:30 A.M.
The Motion For Entry of Default Judgment Against Defendant Vladimir Kramskoy a/k/a Vladimir Kramskoi a/k/a Vitaliy Kramskoy, an individual, d/b/a watch-movies.net, watch-movies-links.net, and watch-movies-online.tv (collectively "Defendant" or "Kramskoy") (the "Motion") by Plaintiffs Paramount Pictures Corporation and Warner Bros. Entertainment Inc. (collectively "Plaintiffs"), came on regularly for hearing before this Court on October 25, 2010.
The Court having considered Plaintiffs' moving papers, including the supporting declarations and exhibits thereto, the arguments of counsel, and all other matters presented to the Court, and having found that entry of default judgment against Defendant is appropriate, and therefore granting Plaintiffs' Motion, hereby finds that:
1. This Court has jurisdiction over the parties to this action and over the subject matter hereof pursuant to 17 U.S.C. §§ 101 et seq., 28 U.S.C. § 1331, and 28 U.S.C. § 1338;
2. Service of process was properly made on Defendant, who was properly served pursuant to Federal Rule of Civil Procedure 4(f)(3);
3. Plaintiffs are the owners of United States copyrights or the exclusive distribution and public performance rights in the twenty-two works that are the subject of the following copyright registrations: 300 (PA1-372-258), The Ant Bully (PA1-343-715), Beerfest (PA1-342-690), Blood Diamond (PA1-340-700), I Am Legend (PA1-590-883), Speed Racer (PA1-600-216), Cloverfield (PA1-591-448), Disturbia (PA1-367-903), Eagle Eye (PA1-606-852), The Godfather (LP 40553), Mean Girls (PA1-233-942), Stardust (PA1-354-984), 10,000 B.C. (PA1-599-250), Fool's Gold (PA1-569-069), Funny Games (PA1-598-483), Gothika (PA1-202-065), Harry Potter 5: The Order Of The Phoenix (PA1-355-547), Aeon Flux (PA1-324-057), The Core (PA1-138-414), Drillbit Taylor (PA1-594-216), The Godfather Part III (PA 509-359), and The School Of Rock (PA1-194-340) ("Plaintiffs' Copyrighted Works");
4. Defendant has engaged in contributory copyright infringement and inducement of copyright infringement by creating, maintaining, and organizing an index of links to infringing copies of Plaintiffs' Copyrighted Works on Defendant's websites (watch-movies.net, watch-movies-links.net, and watch-movies-online.tv), which have been posted on third-party websites;
5. Defendant's infringement of Plaintiffs' Copyrighted Works has been knowing and willful;
6. Defendant likely will infringe the copyright in other works owned by Plaintiffs unless enjoined by the Court from doing so;
7. Defendant's infringement of Plaintiffs' Copyrighted Works has caused irreparable injury to Plaintiffs that cannot be fully compensated in an award of damages and will continue to cause such injury unless Defendant is permanently enjoined from engaging in such conduct in the future; and
8. The Court specifically finds that Plaintiffs are the prevailing party for purposes of an award of reasonable attorneys' fees and costs under 17 U.S.C. § 505.
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED:
1. Defendant has engaged in contributory copyright infringement and inducement of copyright infringement by creating, maintaining, and organizing an index of links to infringing copies of Plaintiffs' works on Defendant's websites (watch-movies.net, watch-movies-links.net, and watch-movies-online.tv), which have been posted on third-party websites.
2. Defendant and his officers, agents, servants, employees, attorneys, successors, licensees, partners, and assigns, and all those acting directly or indirectly in concert or participation with any of them, are permanently enjoined from contributorily infringing by any means and/or inducing copyright infringement by any means of the exclusive rights of Plaintiffs and their affiliates under the Copyright Act, including, but not limited to, any of Plaintiffs' and Plaintiffs' affiliates' rights in any of the copyrighted works listed in Exhibits A and B to the First Amended Complaint.
3. Defendant and his officers, agents, servants, employees, successors, licensees, partners, and assigns, and all those acting directly or indirectly in concert or participation with any of them, are permanently enjoined from doing the following:
(a) posting, organizing, selecting, searching for, identifying, collecting and indexing links to copies of the works listed in Exhibits A and B to the First Amended Complaint and other works of which the Plaintiffs are the owners of the copyrights or to whom an interest in the copyright has been granted by license, from or at the Internet websites located at watch-movies.net, watch-movies-links.net, or watch-movies-online.tv ("Watch-Movies") (whether or not Watch-Movies or the said acts occur in the United States or elsewhere) and providing or enabling use or access to such links to persons located in the United States;
(b) from or at Watch-Movies (whether or not Watch-Movies is located in the United States or elsewhere), authorizing, inducing, encouraging, aiding or abetting, or materially contributing to the reproduction, distribution, public performance (including the performance in public and the transmission of copies and performances to the public), and public display, in the United States, of copies of the works listed in Exhibits A and B to the First Amended Complaint and other works of which the Plaintiffs are the owners of the copyrights or to whom an interest in the copyright has been granted by license, that are available on third-party websites;
4. Defendant is ordered to pay statutory damages to Plaintiffs pursuant to 17 U.S.C. § 504 in the sum of $2,200,000.
5. Defendant is ordered to pay Plaintiffs' attorneys' fees pursuant to 17 U.S.C. § 505 and Local Rule 55-3 in the amount of $47,600.
6. Defendant is ordered to pay Plaintiffs' costs pursuant to 17 U.S.C. § 505 in the amount of $14,539.93.
7. This Judgment shall be deemed to have been served upon Defendant at the time of its execution by the Court.
8. The Court finds there is no just reason for delay in entering this Judgment and, pursuant to Federal Rule of Civil Procedure 54(a), the Court directs immediate entry of this Judgment against Defendant.
9. The Court shall retain jurisdiction of this action to entertain such further proceedings and to enter such further orders as may be necessary or appropriate to implement and enforce the provisions of this Judgment.
The Hon. George H. Wu United States District Judge
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