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Warner Bros. Home Entertainment Inc v. Randal Pope

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


April 24, 2013

WARNER BROS. HOME ENTERTAINMENT INC., PLAINTIFF,
v.
RANDAL POPE, AN INDIVIDUAL AND D/B/A AS AMAZON.COM SELLER BOOKGROVEMEDIA AND DOES 1-10, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Hon. John A. Kronstadt United States District Judge

CONSENT DECREE AND PERMANENT INJUNCTION JS-6

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 Randal Pope, an individual and d/b/a as Amazon.com Seller BookGroveMedia ("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 disputes Plaintiff's allegations and makes no admission of wrongdoing by entering into this Consent Decree and Permanent Injunction.

5) 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.

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

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

8) This Injunction shall be deemed to have been served upon Defendant at the time of its execution by the Court.

9) 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.

10) 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.

11) The above-captioned action, shall, upon filing by Plaintiff of the Settlement Agreement, be reopened should Defendant default under the terms of the Settlement Agreement.

12) 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; and the punishment of any violations hereof.

EXHIBIT A

COPYRIGHT REGISTRATIONS

Copyright

Registration

Number: Title of Work: Claimant of Work: PA 1-085-787 THE WIRE: The Target Home Box Office, Inc. PA 1-085-788 THE WIRE: The Detail Home Box Office, Inc. PA 1-085-789 THE WIRE: The Buys Home Box Office, Inc. PA 1-085-790 THE WIRE: Old Cases Home Box Office, Inc. PA 1-091-735 THE WIRE: The Pager Home Box Office, Inc. PA 1-091-734 THE WIRE: The Wire Home Box Office, Inc. PA 1-085-791 THE WIRE: One Arrest Home Box Office, Inc. PA 1-112-366 THE WIRE: Lessons Home Box Office, Inc. PA 1-112-367 THE WIRE: Game Day Home Box Office, Inc. PA 1-085-792 THE WIRE: The Cost Home Box Office, Inc. PA 1-085-793 THE WIRE: The Hunt Home Box Office, Inc. PA 1-112-891 THE WIRE: Cleaning Up Home Box Office, Inc. PA 1-097-171 THE WIRE: Sentencing Home Box Office, Inc. PA 1-136-490 THE WIRE: Ebb Tide Home Box Office, Inc. PA 1-148-802 THE WIRE: Collateral Damage Home Box Office, Inc. PA 1-194-679 THE WIRE: Hot Shots Home Box Office, Inc. PAu2-811-064 THE WIRE: Hard Cases Home Box Office, Inc. PAu2-803-274 THE WIRE: Undertow Home Box Office, Inc. PA 1-148-601 THE WIRE: All Prologue Home Box Office, Inc. PA 1-188-186 THE WIRE: Backwash Home Box Office, Inc. PAu2-787-345 THE WIRE: Duck And Cover Home Box Office, Inc. PA 1-190-936 THE WIRE: Stray Sounds Home Box Office, Inc. PA 1-194-673 THE WIRE: Storm Warnings Home Box Office, Inc. PA 1-201-679 THE WIRE: Bad Dreams Home Box Office, Inc. PA 1-201-678 THE WIRE: Port In A Storm Home Box Office, Inc. PA 1-246-492 THE WIRE: Time After Time Home Box Office, Inc. PA 1-246-487 THE WIRE: All Due Respect Home Box Office, Inc. PA 1-249-546 THE WIRE: Dead Soldiers Home Box Office, Inc. PA 1-249-545 THE WIRE: Amsterdam Home Box Office, Inc.

PA 1-249-550 THE WIRE: Straight And True Home Box Office, Inc. PA 1-249-549 THE WIRE: Homecoming Home Box Office, Inc. PA 1-263-206 THE WIRE: Back Burners Home Box Office, Inc. PA 1-263-204 THE WIRE: Moral Midgetry Home Box Office, Inc. PA 1-263-205 THE WIRE: Slapstick Home Box Office, Inc. PA 1-263-201 THE WIRE: Reformation Home Box Office, Inc. PA 1-265-461 THE WIRE: Middle Ground Home Box Office, Inc. PA 1-265-512 THE WIRE: Mission Accomplished Home Box Office, Inc. PA 1-325-037 THE WIRE: Boys Of Summer Home Box Office, Inc. PA 1-325-038 THE WIRE: Soft Eyes Home Box Office, Inc. PA 1-325-039 THE WIRE: Home Rooms Home Box Office, Inc. PA 1-261-149 THE WIRE: Refugees Home Box Office, Inc. PA 1-261-150 THE WIRE: Alliances Home Box Office, Inc. PA 1-261-132 THE WIRE: Margin Of Error Home Box Office, Inc. PA 1-261-151 THE WIRE: Unto Others Home Box Office, Inc. PA 1-261-345 THE WIRE: Corner Boys Home Box Office, Inc. PA 1-261-344 THE WIRE: Know Your Place Home Box Office, Inc. PA 1-353-972 THE WIRE: Misgivings Home Box Office, Inc. PA 1-353-973 THE WIRE: A New Day Home Box Office, Inc. PA 1-353-974 THE WIRE: That's Got His Own Home Box Office, Inc. PA 1-261-346 THE WIRE: Final Grades Home Box Office, Inc. PA 1-611-976 THE WIRE: More With Less Home Box Office, Inc. PA 1-608-341 THE WIRE: Unconfirmed Reports Home Box Office, Inc. APPLICATION

PENDING THE WIRE: Not For Attribution Home Box Office, Inc. PA 1-663-138 THE WIRE: Transitions Home Box Office, Inc. PA 1-617-062 THE WIRE: React Quotes Home Box Office, Inc. PA 1-617-057 THE WIRE: The Dickenson Aspect Home Box Office, Inc. PA 1-622-694 THE WIRE: Took Home Box Office, Inc. PA 1-622-990 THE WIRE: Clarifications Home Box Office, Inc. PA 1-622-995 THE WIRE: Late Editions Home Box Office, Inc. PA 1-622-993 THE WIRE: -30- Home Box Office, Inc.

20130424

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