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Consent judgment in Warner Bros. v Triton Media

Consent judgment in Warner Bros. v Triton Media

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Published by: JonHealey on Oct 29, 2010
Copyright:Attribution Non-commercial


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MitchellSilberberg &Knupp
msk.comEMILY F. EVITT (SBN 261491)efe
msk.comMITCHELL SILBERBERG & KNUPP LLP11377 West Olympic BoulevardLos Angeles, California 90064-1683Telephone: (310) 312-2000Facsimile: (310) 312-3100Attorneys for PlaintiffsUNITED STATES DISTRICT COURTCENTRAL DISTRICT OF CALIFORNIAWARNER BROS. ENTERTAINMENTINC., a Delaware corporation; DISNEYENTERPRISES, INC., a Delawarecorporation,Plaintiffs,v.TRITON MEDIA LLC, an Arizonacorporation,Defendant.CASE NO. CV 10-6318-GW (JEMx)The Honorable George H. Wu
Case 2:10-cv-06318-GW -JEM Document 11 Filed 10/27/10 Page 1 of 6 Page ID #:63
MitchellSilberberg &Knupp
Plaintiffs Warner Bros. Entertainment, Inc. and Disney Enterprises, Inc.(collectively, “Plaintiffs”), and Defendant Triton Media LLC (“Defendant”),having entered into a Stipulation for Entry of Judgment and the Court havingentered an Order thereon,IT IS HEREBY ORDERED, ADJUDGED, AND DECREED:1.
Plaintiffs allege that Defendant has engaged in contributory copyrightinfringement and inducement of copyright infringement by owning, operating,providing advertising consulting and referrals for, and/or providing other materialassistance to the websites www.free-tv-video-online.info, supernovatube.com,donogo.com, watch-movies.net, watch-movies-online.tv, watch-movies-links.net,thepiratecity.org, and havenvideo.com (collectively the “Websites”) The Websitesamong other things, assist, enable, promote, facilitate, induce, and profit from theinfringement of Plaintiffs’ copyrighted motion pictures and television programs byposting, organizing, and indexing links to infringing video content that is availableon third-party websites and/or by hosting infringing content.2.
Defendant denies any liability or wrongdoing.3.
Defendant is liable for damages to Plaintiffs in the amount of FourHundred Thousand Dollars ($400,000).4.
Defendant and all persons acting by, through or in concert withDefendant (collectively, “Defendant”):A.
shall immediately and permanently cease and desist from operatingthe Websites, except as otherwise provided for in Paragraph 6;B.
shall immediately and permanently cease and desist from operatingany website that is substantially similar to the Websites; andC.
shall immediately and permanently cease and desist from (i) directly,indirectly, contributorily, or vicariously infringing in any manner, or (ii)
Case 2:10-cv-06318-GW -JEM Document 11 Filed 10/27/10 Page 2 of 6 Page ID #:64
MitchellSilberberg &Knupp
enabling, facilitating, permitting, assisting, soliciting, encouraging,inducing, authorizing, aiding or abetting, materially contributing to, orpersuading anyone to infringe in any matter, any copyright in any motionpicture, television program, or other copyrighted work (or portions thereof),whether now in existence or later created, in which any Plaintiff (includingits parents, subsidiaries, or affiliates) owns or controls an exclusive rightunder either Section 106 of the United States Copyright Act (17 U.S.C. §106) or the copyright laws of any other country or territory, or any exclusivelicense thereto (the “Copyrighted Works”), including, but not limited to,engaging in any of the following without express written authority or licensefrom the appropriate Plaintiff:1.
copying, reproducing, downloading, distributing, uploading, orlinking to, any of the Copyrighted Works;2.
transmitting, streaming, performing in public, or communicatingto the public by telecommunication, any of the CopyrightedWorks;3.
enabling, facilitating, permitting, assisting, soliciting,encouraging, inducing, or persuading any person or entity tocopy, reproduce, download, distribute, upload, link to, transmit,stream, perform in public, or communicate to the public bytelecommunication or publicly perform any of the CopyrightedWorks;4.
profiting or benefiting from the unauthorized copying,reproduction, downloading, distribution, uploading, linking to,transmission, or public performance of any of the CopyrightedWorks while declining to exercise a right to stop or limit suchunauthorized copying, reproduction, downloading, distribution,uploading, linking to, transmission, or streaming, performing in
Case 2:10-cv-06318-GW -JEM Document 11 Filed 10/27/10 Page 3 of 6 Page ID #:65

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