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UMG Recordings, Inc. v. King

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


February 26, 2008

UMG RECORDINGS, INC., A DELAWARE CORPORATION; SONY BMG MUSIC ENTERTAINMENT, A DELAWARE GENERAL PARTNERSHIP; AND ARISTA RECORDS LLC, A DELAWARE LIMITED LIABILITY COMPANY, PLAINTIFFS,
v.
KATHERINE KING, DEFENDANTS.

The opinion of the court was delivered by: Scullin, Senior Judge

ORDER

Having reviewed the parties' "Stipulation to Judgment and Permanent Injunction," see Dkt. No. 16, the Court hereby

ORDERS that Defendant shall pay to Plaintiffs in settlement of this action the sum of $1,580.00; and the Court further

ORDERS that Defendant shall pay Plaintiffs' costs for filing this action and service of process in the amount of $420.00; and the Court further

ORDERS that Defendant is enjoined from directly or indirectly infringing Plaintiffs' rights under federal or state law in any sound recording, whether now in existence or later created, that Plaintiffs or any parent, subsidiary, or affiliate record label of Plaintiffs own or control ("Plaintiffs' Recordings"), including, without limitation, by

(a) using the Internet or any online media distribution system to reproduce, i.e., download, any of Plaintiffs' Recordings, to distribute, i.e., upload, any of Plaintiffs' Recordings, or to make any of Plaintiffs' Recordings available for distribution to the public, except pursuant to a lawful license or with Plaintiffs' express authority; or

(b) causing, authorizing, permitting, or facilitating any third party to access the Internet or any online media distribution system through the use of an Internet connection and/or computer equipment, which Defendant owns or controls, to reproduce, i.e., download, any of Plaintiffs' Recordings, to distribute, i.e., upload, any of Plaintiffs' Recordings, or to make any of Plaintiffs' Recordings available for distribution to the public, except pursuant to a lawful license or with Plaintiffs' express authority; and the Court further

ORDERS that Defendant shall destroy all copies of Plaintiffs' Recordings that Defendant and/or any third-party, that has used the Internet connection and/or computer equipment that Defendant owns or controls, has downloaded without Plaintiffs' authorization onto any computer hard drive or server that Defendant owns or controls and shall destroy all copies of those downloaded recordings transferred onto any physical medium or device in Defendant's possession, custody, or control; and the Court further

ORDERS that, pursuant to the parties' stipulation, Defendant irrevocably and fully waives notice of entry of the Judgment and Permanent Injunction and understands and agrees that violation of the Judgment and Permanent Injunction will expose her to all penalties provided by law, including contempt of court; and the Court further

ORDERS that, pursuant to the parties' stipulation, Defendant irrevocably and fully waives any and all right to appeal the Judgment and Permanent Injunction, to have it vacated or set aside, to seek or obtain a new trial thereon, or otherwise to attack in any way, directly or collaterally, its validity or enforceability; and the Court further

ORDERS that, pursuant to the parties' stipulation, nothing contained in the Judgment and Permanent Injunction shall limit Plaintiffs' right to recover damages for any and all of Defendant's infringements of any of Plaintiffs' rights under federal copyright law or state law occurring after the date that Defendant executed the Stipulation to Judgment and Permanent Injunction; and the Court further

ORDERS that it shall maintain continuing jurisdiction over this action for the purpose of enforcing this final Judgment and Permanent Injunction; and the Court further

ORDERS that the Clerk of the Court shall enter judgment in Plaintiffs' favor and close this case.

IT IS SO ORDERED.

20080226

© 1992-2008 VersusLaw Inc.



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