[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 Ramses Coro ("Coro") and Jorge Rodriguez, an individual and d/b/a as Amazon.com Seller rc_goods ("Rodriguez") (collectively, Coro and Rodriguez are referred to as Defendants), in this action, and good cause appearing therefore, hereby:
ORDERS that based on the Parties' stipulation and only as to Rodriguez, 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 "Jorge Rodriguez, an individual and d/b/a Amazon.com Seller rc_goods. 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 Coro and Rodriguez have made unauthorized uses of Plaintiff's Works or substantially similar likenesses or colorable imitations thereof.
5) Rodriguez, however, and not Coro, acknowledges and assumes liability for any of the alleged misconduct set forth in the Complaint.
6) Accordingly, Rodriguez 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 Coro and Rodriguez ...