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Columbia Pictures Industries, Inc. v. Fung

United States District Court, Ninth Circuit

October 23, 2013

COLUMBIA PICTURES INDUSTRIES, INC., et, al.
v.
GARY FUNG, et. al. Defendants.

STEVEN B. FABRIZIO, KENNETH L. DOROSHOW, JENNER & BLOCK LLP, Washington, D.C.,

GIANNI P. SERVODIDIO, JENNER & BLOCK LLP, New York, NY,

KAREN R. THORLAND, FARNAZ M. ALEMI, MOTION PICTURE ASSOCIATION OF AMERICA, Sherman Oaks, CA, Attorneys for Plaintiffs.

IRA P. ROTHKEN, JARED R. SMITH, ROTHKEN LAW FIRM, Novato, CA,

MICHAEL S. ELKIN, THOMAS PATRICK LANE, WINSTON & STRAWN LLP, New York, NY,

JENNIFER GOLINVEAUX, WINSTON & STRAWN LLP San Francisco, CA, Attorneys for Defendants.

STIPULATION AND [PROPOSED] JUDGMENT

STEPHEN V. WILSON, District Judge.

Plaintiffs Columbia Pictures Industries, Inc., Disney Enterprises, Inc., Paramount Pictures Corporation, Tristar Pictures, Inc., Twentieth Century Fox and Universal City Studios Productions LLLP (collectively "Plaintiffs"), and Defendants Gary Fung and Web Technologies, Inc. (collectively "Defendants"), by and through their undersigned counsel, hereby stipulate to the entry of Judgment in favor of Plaintiffs according to the following terms.

1. The Defendants acknowledge that each of them has been properly and validly served with the Summons and Complaint in this action.

2. Judgment shall be entered against the Defendants and in favor of the Plaintiffs in the above-captioned case.

3. The Defendants, jointly and severally, shall pay damages to Plaintiffs in the amount of One Hundred And Ten Million Dollars (US$110, 000, 000).

4. The MODIFIED ORDER GRANTING PLAINTIFFS' MOTION FOR PERMANENT INJUNCTION, issued by the Court on August 5, 2013, Docket No. 551 (the "Permanent Injunction"), shall remain in full force and effect, and binding on Defendants. The Permanent Injunction is incorporated into and made a part of this Judgment as if it were set forth verbatim herein.

5. In addition to complying with the terms of the Permanent Injunction, within seven (7) calendar days of the signing of this Stipulation (the "Shutdown Date"), the Defendants shall permanently shall cease and desist from directly or indirectly operating or supporting any part of the "Isohunt System, " as defined below, including without limitation engaging in any of the following activities: (a) operating, or in any manner assisting in or supporting the operation of, the Isohunt System, (b) operating any computer servers or software that in any profiting or benefiting from the Isohunt System. For purposes of this Stipulation and Judgment, the "Isohunt System" shall mean the websites www.isohunt.com, www.podtropolis.com, www.torrentbox.com, and www.ed2k-it.com, and shall further include any servers, trackers, software, and electronic data that make up or support such websites.

6. The Defendants irrevocably and fully waive notice of entry of 21 the Judgment., and notice and service of the entered Judgment, and understand and agree that violation of the Permanent Injunction will expose the Defendants to all ...


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