[PROPOSED] 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 Defendants Stephanie Costa, an individual and d/b/a as Amazon.com Seller scostagirl ("Costa"), and David Santos, an individual and d/b/a as Amazon.com Seller scostagirl ("Santos") (collectively, Costa and Santos are referred to herein as "Defendants"), in this action, and good cause appearing therefore, hereby:
ORDERS that based on the Parties' stipulation and only as to Santos, his successors, heirs, and assignees, this Injunction shall be and is hereby entered in the within action as follows:
1) The Complaint shall be amended to identify Doe No. 1 as "David Santos, an individual and d/b/a Amazon.com Seller scostagirl. The Amended Complaint shall be deemed served upon Defendants.
2) 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 Defendants.
3) 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").
4) Plaintiff has alleged through its Amended Complaint that Defendants have made unauthorized uses of Plaintiff's Works or substantially similar likenesses or colorable imitations thereof.
5) Santos acknowledges and assumes liability for any of the alleged misconduct set forth in the Amended Complaint.
6) Santos 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.
7) Each side shall bear its own fees and costs of suit.
8) Except as provided herein, all claims alleged in the Amended Complaint against Santos are dismissed with prejudice. All claims alleged in the Amended Complaint against Costa are dismissed without prejudice.
9) This Injunction shall be deemed to have been served upon Santos at the time of its execution by the Court.
10) 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 Santos.
11) 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 against Santos.
12) 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 Santos, be reopened should Santos default under the terms of the Settlement Agreement.
EXHIBIT A COPYRIGHT REGISTRATIONS
PA 1-750-442 FALLING SKIES: Live and Learn
PA 1-750-446 FALLING SKIES: The Armory TNT
GAME OF THRONES: Winter Is
GAME OF THRONES: The Kingsroad HBO
PA 1-737-694 GAME OF THRONES: Lord Snow HBO
GAME OF THRONES: Cripples,
Bastards And Broken Things
GAME OF THRONES: The Wolf And
GAME OF THRONES: A Golden
GAME OF THRONES: You Win Or
GAME OF THRONES: The Pointy End HBO
PA 1-739-318 GAME OF THRONES: Baelor HBO
GAME OF THRONES: Fire And Blood HBO