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Warner Bros. Home Entertainment Inc v. Phillip Edmond Shafer

December 27, 2012

WARNER BROS. HOME ENTERTAINMENT INC., PLAINTIFF,
v.
PHILLIP EDMOND SHAFER, AN INDIVIDUAL AND D/B/A AMAZON.COM SELLER BUCKEYECOINS AND DOES 1-10, INCLUSIVE, DEFENDANTS.



The opinion of the court was delivered by: Hon. Stephen V. Wilson United States District Judge

CONSENT DECREE AND PERMANENT INJUNCTION NOTE: COURT MODIFICATIONS

The Court, having read and considered the Joint Stipulation for Entry of Consent Decree and Permanent Injunction that has been executed by Plaintiff Warner Bros. Home Entertainment Inc. ("Plaintiff") and Defendant Phillip Edmond Shafer, an individual and d/b/a Amazon.com Seller buckeyecoins ("Defendant"), in this action, and good cause appearing therefore, hereby:

ORDERS that based on the Parties' stipulation and only as to Defendant, his successors, heirs, and assignees, this Injunction shall be and is hereby entered in the within action as follows:

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 ., and 28 U.S.C. §§ 1331 and 1338. Service of process was properly made against Defendant.

2) Plaintiff owns or controls the copyright or pertinent exclusive right to distribute or license the distribution of home video and digital products, including video home cassettes (VHS) as well as optical discs, including, but not limited to, digital versatile discs (DVDs) and Blu-ray discs (collectively "Media Products") incorporating the motion picture or television titles subject to the copyright registrations listed in Exhibit "A" attached hereto and incorporated herein by this reference (collectively referred to herein as "Plaintiff's Works").

3) Plaintiff has alleged that Defendant has made unauthorized uses of Plaintiff's Works or substantially similar likenesses or colorable imitations thereof.

4) Defendant and his agents, servants, employees, representatives, successor and assigns, and all persons, firms, corporations or other entities in active concert or participation with him who receive actual notice of the Injunction are hereby restrained and permanently enjoined from infringing -- directly, contributorily or vicariously -- or enabling, facilitating, permitting, assisting, soliciting, encouraging, inducing, authorizing, aiding or abetting, materially contributing to, or persuading anyone to infringe in any manner Plaintiff's Works, including, but not limited to, the following:

a) Copying, reproducing, downloading, distributing, uploading, linking to, transmitting, or publicly performing, or using trademarks, trade names or logos in connection with unauthorized Media Products containing any of Plaintiff's Works;

b) Enabling, facilitating, permitting, assisting, soliciting, encouraging, abetting, or inducing any person or entity to copy, reproduce, download, distribute, upload, link to, transmit, or publicly perform any of Plaintiff's Works; or

c) Profiting from the unauthorized copying, reproduction, downloading, distribution, uploading, linking to, transmission, or public performance of any of Plaintiff's 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 Plaintiff's Works.

5) Each side shall bear its own fees and costs of suit.

6) Except as provided herein, all claims alleged in the Complaint are dismissed with prejudice.

7) This Injunction 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 Injunction and, pursuant to Rule 54(a) of the Federal Rules of Civil Procedure, the Court directs immediate entry of this Injunction 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 Injunction.

10) The above-captioned action, shall, upon filing by Plaintiff of the Settlement Agreement, Stipulation for Entry of Judgment and Judgment Pursuant to Stipulation, and requesting entry of judgment against Defendant, be reopened should Defendant default under the terms of the Settlement Agreement.

11) This Court shall retain jurisdiction over Defendant for the purpose of making further orders necessary or proper for the construction or modification of this consent decree and judgment; the enforcement hereof; the punishment of any violations hereof; and for the possible entry of a further Judgment Pursuant to Stipulation in this action.

EXHIBIT A COPYRIGHT REGISTRATIONS

Copyright Reg. No. TITLE Copyright Claimant

PA 1-800-456 CHUCK: Chuck Versus The Anniversary Warner Bros. Entertainment Inc. PA 1-800-450 CHUCK: Chuck Versus The Cliffhanger Warner Bros. Entertainment Inc. PA 1-805-616 THE CLOSER: Unknown Trouble Warner Bros. Entertainment Inc. PA 1-805-629 THE CLOSER: The Last Word Warner Bros. Entertainment Inc. PA 1-697-280 ENTOURAGE: Stunted Home Box Office, Inc.

PA 1-697-285 ENTOURAGE: Buzzed Home Box Office, Inc.

PA 1-704-328 ENTOURAGE: Dramedy Home Box Office, Inc.

PA 1-699-106 ENTOURAGE: Tequila Sunrise Home Box Office, Inc.

PA 1-699-105 ENTOURAGE: Bottoms Up Home Box Office, Inc.

PA 1-706-302 ENTOURAGE: Hair Home Box Office, Inc.

PA 1-706-285 ENTOURAGE: Tequila And Coke Home Box Office, Inc.

PA 1-706-311 ENTOURAGE: Sniff Sniff Gang Bang Home Box Office, Inc.

PA 1-706-303 ENTOURAGE: Porn Scenes From An Italian Restaurant Home Box Office, Inc.

PA 1-706-307 ENTOURAGE: Lose Yourself Home Box Office, Inc.

PA 1-751-680 ENTOURAGE: Home Sweet Home Home Box Office, Inc.

PA 1-751-679 ENTOURAGE: Out With A Bang Home Box Office, Inc.

PA 1-759-114 ENTOURAGE: One Last Shot Home Box Office, Inc.

PA 1-759-119 ENTOURAGE: Whiz Kid Home Box Office, Inc.

PA 1-759-118 ENTOURAGE: Motherf*cker Home Box Office, Inc.

PA 1-764-686 ENTOURAGE: The Big Bang Home Box Office, Inc.

PA 1-765-845 ENTOURAGE: Second To Last Home Box Office, Inc.

PA 1-765-833 ENTOURAGE: The End Home Box Office, Inc.

PA 1-805-639 FRINGE: Neither Here Nor There Warner Bros. Entertainment Inc. PA 1-805-612 FRINGE: Brave New World: Part Two Warner Bros. Entertainment Inc. PA 1-736-232 GAME OF THRONES: Winter Is Coming Home Box Office, Inc.

PA 1-736-234 GAME OF THRONES: The Kingsroad Home Box Office, Inc.

PA 1-737-694 GAME OF THRONES: Lord Snow Home Box Office, Inc.

GAME OF THRONES: Cripples, Bastards And Broken

PA 1-737-699

Things Home Box Office, Inc.

PA 1-737-696 GAME OF THRONES: The Wolf And The Lion Home Box Office, Inc. PA 1-737-695 GAME OF THRONES: A Golden Crown Home Box Office, Inc. PA 1-750-434 GAME OF THRONES: You Win Or You Die Home Box Office, Inc. PA 1-738-431 GAME OF THRONES: The Pointy End Home Box Office, Inc. PA 1-739-318 GAME OF THRONES: Baelor Home Box Office, Inc. PA 1-740-116 GAME OF THRONES: Fire And Blood Home Box Office, Inc. PA 1-709-033 HUNG: Just The Tip Home Box Office, Inc.

HUNG: Tucson Is The Gateway To Dick Or This Is Not

PA 1-709-034

Sexy Home Box Office, Inc.

PA 1-709-030 HUNG: Mind Bullets Or Bang Bang Bang Motherfucker Home Box Office, Inc.

PA 1-699-183 HUNG: Sing It Again, Ray Or Home Plate Home Box Office, Inc.

PA 1-699-187 HUNG: A Man, A Plan Or Thank You, Jimmy Carter Home Box Office, Inc.

PA 1-699-180 HUNG: Beaverland Home Box Office, Inc.

PA 1-706-298 HUNG: The Middle East Is Complicated Home Box Office, Inc.

PA 1-706-294 HUNG: Third Base Or That Rash Home Box Office, Inc.

PA 1-706-293 HUNG: Fat Off My Love Or I'm The Allergen Home Box Office, Inc.

PA 1-709-045 HUNG: Even Steven Or Luckiest Kid In Detroit Home Box Office, Inc.

PA 1-715-767 IN TREATMENT: Sunil: Week One Home Box Office, Inc.

PA 1-715-761 IN TREATMENT: Frances: Week One Home Box Office, Inc.

PA 1-715-759 IN TREATMENT: Jesse: Week One Home Box Office, Inc.

PA 1-715-760 IN TREATMENT: Adele: Week One Home Box Office, Inc.

PA 1-715-057 IN TREATMENT: Sunil: Week Two Home Box Office, Inc.

PA 1-715-051 IN TREATMENT: Frances: Week Two Home Box Office, Inc.

PA 1-715-056 IN TREATMENT: Jesse: Week Two Home Box Office, Inc.

PA 1-715-045 IN TREATMENT: Adele: Week Two Home Box Office, Inc.

PA 1-718-839 IN TREATMENT: Sunil: Week Three Home Box Office, Inc.

PA 1-718-838 IN TREATMENT: Frances: Week Three Home Box Office, Inc.

PA 1-718-847 IN TREATMENT: Jesse: Week Three Home Box Office, Inc.

PA 1-718-845 IN TREATMENT: Adele: Week Three Home ...


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