The opinion of the court was delivered by: Hon. Dale S. Fischer United States District Judge
CONSENT DECREE AND PERMANENT INJUNCTION
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 Bruce Thompson, an individual and d/b/a as Amazon.com Seller Bookpops ("Defendant"), in this action, and good cause appearing,
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.
Reg. No. Title Copyright Claimant
PA 1-603-574 Harold and Kumar Escape from Guantanamo Bay New Line Productions,
PA 1-647-906 HARRY POTTER AND THE HALF-BLOOD
834 I Remember Mama RKO Pictures, Inc. PAu 1-422-
009 Waterloo Bridge Turner Entertainment Co.
CHUCK: Season Five PA 1-800-005 CHUCK: Chuck Versus The Zoom Warner Bros.
PA 1-800-007 CHUCK: Chuck Versus The Goodbye Warner Bros.
ENTOURAGE: Season Eight 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 1-798-788 GOSSIP GIRL: Belles De Jour
PA 1-798-808 GOSSIP GIRL: Double Identity
PA 1-798-791 GOSSIP GIRL: The Undergraduates
PA 1-798-782 GOSSIP GIRL: Touch Of Eva
PA 1-798-779 GOSSIP GIRL: Goodbye, Columbia
PA 1-798-796 GOSSIP GIRL: Easy J
PA 1-798-800 GOSSIP GIRL: War At The Roses
PA 1-798-805 GOSSIP GIRL: Juliet Doesn't Live Here
PA 1-798-776 GOSSIP GIRL: The Witches Of Bushwick
PA 1-798-706 GOSSIP GIRL: Gaslit
PA 1-798-803 GOSSIP GIRL: The Townie
PA 1-798-675 GOSSIP GIRL: The Kids Are Not All Right
PA 1-798-813 GOSSIP GIRL: Damien Darko
PA 1-798-793 GOSSIP GIRL: Panic Roommate
PA 1-798-778 GOSSIP GIRL: It-Girl Happened One Night
PA 1-798-700 GOSSIP GIRL: While You Weren't Sleeping
PA 1-798-784 GOSSIP GIRL: Empire of The Son
PA 1-798-783 GOSSIP GIRL: The Kids Stay In The Picture
PA 1-798-694 GOSSIP GIRL: Petty In Pink
PA 1-798-660 GOSSIP GIRL: The Princess And The Frog
PA 1-798-713 GOSSIP GIRL: Shattered Bass
PA 1-798-789 GOSSIP GIRL: The Wrong Goodbye
ONE TREE HILL: Season Eight
PA 1-798-611 ONE TREE HILL: Asleep At Heaven's Gate Warner Bros.
PA 1-798-612 ONE TREE HILL: I Can't See You, But I Know
Entertainment Inc. PA 1-798-613 ONE TREE HILL: The Space In Between Warner Bros.
PA 1-798-616 ONE TREE HILL: We All Fall Down Warner Bros.
PA 1-798-631 ONE TREE HILL: Nobody Taught Us To Quit Warner Bros.
PA 1-798-649 ONE TREE HILL: Not Afraid Warner Bros.
PA 1-798-658 ONE TREE HILL: Luck Be A Lady Warner Bros.
PA 1-798-664 ONE TREE HILL: Mouthful Of Diamonds Warner Bros.
PA 1-798-676 ONE TREE HILL: Between Raising Hell And
Entertainment Inc. PA 1-798-689 ONE TREE HILL: Lists, Plans Warner Bros.
PA 1-798-714 ONE TREE HILL: Darkness On The Edge Of
Entertainment Inc. PA 1-798-720 ONE TREE HILL: The Drinks We Drank Last
PA 1-798-727 ONE TREE HILL: The Other Half Of Me Warner Bros.
PA 1-798-740 ONE TREE HILL: Holding Out For A Hero Warner Bros.
PA 1-798-741 ONE TREE HILL: Valentine's Day Is Over Warner Bros.
PA 1-798-742 ONE TREE HILL: I Think I'm Gonna Like It
Entertainment Inc. PA 1-798-743 ONE TREE HILL: The Smoker You Drink, The
Entertainment Inc. PA 1-798-744 ONE TREE HILL: Quiet Little Voices Warner Bros.
Entertainment Inc. PA 1-798-747 ONE TREE HILL: The Man Who Sailed Around
PA 1-798-745 ONE TREE HILL: Where Not To Look For
Entertainment Inc. PA 1-798-771 ONE TREE HILL: Flightless Bird, American
Entertainment Inc. PA 1-798-772 ONE TREE HILL: This Is My House, This Is My
ONE TREE HILL: Season Nine
PA 1-798-781 ONE TREE HILL: Know This, We've Noticed Warner Bros.
PA 1-798-785 ONE TREE HILL: In The Room Where You
Entertainment Inc. PA 1-799-110 ONE TREE HILL: Love The Way You Lie Warner Bros.
PA 1-798-806 ONE TREE HILL: Don't You Want To Share
Entertainment Inc. PA 1-798-814 ONE TREE HILL: The Killing Moon Warner Bros.
PA 1-798-826 ONE TREE HILL: Catastrophe And The Cure Warner Bros.
PA 1-798-827 ONE TREE HILL: Last Known Surroundings Warner Bros.
PA 1-798-828 ONE TREE HILL: A Rush Of Blood To The
Entertainment Inc. PA 1-798-830 ONE TREE HILL: Every Breath Is A Bomb Warner Bros.
PA 1-798-831 ONE TREE HILL: Hardcore Will Never Die, But
PA 1-798-833 ONE TREE HILL: Danny Boy Warner Bros.
PA 1-798-842 ONE TREE HILL: Anyone Who Had A Heart Warner Bros.
PA 1-798-847 ONE TREE HILL: One Tree Hill Warner Bros.
SEX AND THE CITY: Season 5 PA 1-097-095 SEX AND THE CITY: Anchors Away Home Box Office, Inc. PA 1-097-096 SEX AND THE CITY: Unoriginal Sin Home Box Office, Inc. PA 1-097-097 SEX AND THE CITY: Luck Be an Old Lady Home Box Office, Inc. PA 1-085-802 SEX AND THE CITY: Cover Girl Home Box Office, Inc. PA 1-097-098 SEX AND THE CITY: Plus One is the Loneliest
Number Home Box Office, Inc.
PA 1-097-099 SEX AND THE CITY: Critical Condition Home Box Office, Inc. PA 1-097-100 SEX AND THE CITY: The Big Journey Home Box Office, Inc. PA 1-110-350 SEX AND THE CITY: I Love a Charade Home Box Office, Inc.
SEX AND THE CITY: Season 6 Pau2-814-969 SEX AND THE CITY: To Market, To Market Home Box Office, Inc. PAu2-814-
970 SEX AND THE CITY: Great Sexpectations Home Box Office, Inc. PA 1-188-085 SEX AND THE CITY: The Perfect Present Home Box Office, Inc. PA 1-188-053 SEX AND THE CITY: Pick A-Little Talk-A-
Little Home Box Office, Inc.
SEX AND THE CITY: Lights Camera
Relationship! Home Box Office, Inc.
324 SEX AND THE CITY: Hop Skip and a Week Home Box Office, Inc. PA 1-190-940 SEX AND THE CITY: The Post-It Always Sticks
Twice Home Box Office, Inc.
PA 1-190-939 SEX AND THE CITY: The Catch Home Box Office, Inc. PA 1-190-931 SEX AND THE CITY: A Woman s Right to
Shoes Home Box Office, Inc.
PA 1-201-677 SEX AND THE CITY: Boy, Interrupted Home Box Office, Inc. PA 1-201-681 SEX AND THE CITY: The Domino Effect Home Box Office, Inc. PA 1-199-423 SEX AND THE CITY: One Home Box Office, Inc. PA 1-214-042 SEX AND THE CITY: Let There Be Light Home Box Office, Inc. PA 1-214-043 SEX AND THE CITY: The Ick Factor Home Box Office, Inc. PA 1-214-044 SEX AND THE CITY: Catch-38 Home Box Office, Inc. PA 1-214-045 SEX AND THE CITY: Out of the Frying Pan Home Box Office, Inc. PA 1-222-896 SEX AND THE CITY: The Cold War Home Box Office, Inc. PA 1-222-887 SEX AND THE CITY: Splat! Home Box Office, Inc.
PA 1-222-894 SEX AND THE CITY: An American Girl in Paris
(Part Une) Home Box Office, Inc.
PA 1-222-895 SEX AND THE CITY: An American Girl in Paris
(Part Deux) Home Box Office, Inc.
THE BIG BANG THEORY: Season One PA 1-795-517 THE BIG BANG THEORY: Pilot Warner Bros.
PA 1-799-964 THE BIG BANG THEORY: The Big Bran
Entertainment Inc. PA 1-799-962 THE BIG BANG THEORY: The Fuzzy Boots
Entertainment Inc. PA 1-799-893 THE BIG BANG THEORY: The Luminous Fish
Entertainment Inc. PA 1-799-876 THE BIG BANG THEORY: The Hamburger
Entertainment Inc. PA 1-799-894 THE BIG BANG THEORY: The Middle Earth
PA 1-799-868 THE BIG BANG THEORY: The Dumpling
Entertainment Inc. PA 1-799-872 THE BIG BANG THEORY: The Grasshopper
PA 1-799-890 THE BIG BANG THEORY: The Cooper-
Entertainment Inc. PA 1-800-073 THE BIG BANG THEORY: The Loobenfeld
Entertainment Inc. PA 1-799-897 THE BIG BANG THEORY: The Pancake Batter