The opinion of the court was delivered by: Hon. Michael M. Anello United States District Judge
ORDER GRANTING JOINT MOTION TO APPROVE CONSENT JUDGMENT; ENTERING JUDGMENT AGAINST DEFENDANT
Plaintiff Liberty Media Holdings ("Liberty" or "Plaintiff") and Defendant William Sauder, using internet protocol address 188.8.131.52 as specified in the Complaint (Doc. # 1), (also referred to as "Doe 8" and hereinafter, the "Defendant") both hereby consent and agree to this judgment to fully resolve all disputes between them in the above-referenced action. By consent, Plaintiff and Defendant agree to the following findings of fact, conclusions of law, and judgment.
This Court has jurisdiction of the subject matter of this action and over each of the parties involved. Both Parties consent to the Court's personal jurisdiction over them.
Plaintiff's claims in this action are for copyright infringement, and injunctive relief arising from Defendant's illegal publication and distribution of Plaintiff's works.
Liberty markets and distributes these original works of creative expression through various media, including internet web content, DVD's, and photographs of an erotic nature. Liberty's website has "free tour" areas where G-Rated photographs may be viewed, but its explicit erotic works are only available to individuals who pay a monthly subscription fee, or who purchase a DVD from Liberty. Each work produced is registered with the United States Copyright Office.
Defendant provided copies of Plaintiff's copyrighted works to users of BitTorrent, which were in turn re-circulated and re-distributed widely. The audiovisual work at issue in this action is registered by Liberty with the United States Copyright Office.
Each of the Plaintiff's works is marked with Liberty's trademark, CORBIN FISHER®, a copyright notice, a warning that unauthorized copying is illegal and will be prosecuted, and a statement regarding age verification records as required by 18 U.S.C. § 2257.
Defendant illegally copied and distributed the Plaintiff's work "Down on the Farm," which is registered with the United States Copyright Office.
Neither Plaintiff nor any other person granted Defendant the right to distribute copies of the Plaintiff's copyrighted work. At no time has Defendant obtained the right to distribute copies of Plaintiff's copyrighted works.
III. CAUSE OF ACTION (Federal Claims Against Defendant for Copyright Infringement) (17 U.S.C. § 501 Et. Seq.)
Defendant has illegally copied and distributed the Plaintiff's copyrighted work, "Down on the Farm." Plaintiff registered the copyright to this work, and owns exclusive rights and privileges in that copyright. Defendant's conduct infringed upon the Plaintiff's copyright, and constitutes ...