Frostwire Complaint Ftc
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UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF FLORIDA
Case No. _______________________FEDERAL TRADE COMMISSION,Plaintiff,v.FROSTWIRE LLC,
et al.
,Defendants.
[PROPOSED] STIPULATED FINAL ORDER FOR PERMANENT INJUNCTION
Plaintiff, the Federal Trade Commission (“Plaintiff” or “Commission”), filed aComplaint for Permanent Injunction and Other Equitable Relief (“Complaint”) against theDefendants, pursuant to Section 13(b) of the Federal Trade Commission Act (“FTC Act”), 15U.S.C. § 53(b). The Commission and Defendants stipulate to the entry of this Final Order forPermanent Injunction (“Order”) to resolve all matters in dispute in this action between them.Accordingly, it is hereby ordered as follows:
FINDINGS
1.This Court has jurisdiction over the subject matter and over all of the parties. Venue isproper as to all parties in this District.2.The Complaint states claims upon which relief may be granted against Defendants underSection 5(a) of the FTC Act, 15 U.S.C. § 45(a).3.The activities of Defendants are in or affecting commerce, as defined in Section 4 of the
Case 1:11-cv-23643-DLG Document 4-1 Entered on FLSD Docket 10/07/2011 Page 1 of 17
2FTC Act, 15 U.S.C. § 44.4.Defendants waive all rights to appeal or otherwise challenge or contest the validity of thisOrder. Defendants also waive any claims they may have held under the Equal Access toJustice Act, 28 U.S.C. § 2412, concerning the prosecution of this action to the date of theOrder.5.Each party shall bear its own costs and attorneys’ fees.6.Defendants do not admit any allegations in the Complaint, except for facts necessary toestablish jurisdiction, and as otherwise specifically stated in this Order.
DEFINITIONS
For purposes of this Order, the following definitions shall apply:
“Actions substantially equivalent to”
means clicks, touches, or similar actions that arethe same as, or highly similar to, and presented in the same location as, those the consumerpreviously took to change the software program setting; that are equal to or less in number thanthose previous actions; and that are explained and described to the consumer in a format andusing terminology consistent with those used to explain how to make the previous change.
“Affirmatively select”
means to choose by checking a box or touching a button or iconon a computer screen that is not pre-selected as the default option, or by taking a substantiallysimilar action.
“Clear(ly) and prominent(ly)”
means:a.In textual communications (
e.g.
, words displayed on a computer screen), therequired disclosures are of a type, size, and location sufficiently noticeable for anordinary consumer to read and comprehend them, in print that contrasts highlywith the background on which they appear;
Case 1:11-cv-23643-DLG Document 4-1 Entered on FLSD Docket 10/07/2011 Page 2 of 17
3b.In communications disseminated orally or through audible means (
e.g.
, streamingaudio), the required disclosures are delivered in a volume and cadence sufficientfor an ordinary consumer to hear and comprehend them;c.In communications disseminated through video means (
e.g.
, streaming video), therequired disclosures are in writing in a form consistent with subparagraph (a) of this definition and appear on the screen for a duration sufficient for an ordinaryconsumer to read and comprehend them, and in the same language as thepredominant language that is used in the communication;d.In communications made through interactive media (
e.g.
, online services andsoftware), the required disclosures are unavoidable and presented in a formconsistent with subparagraph (a) of this definition, in addition to any audio orvideo presentation of them; ande.In all instances, the required disclosures are: (1) presented in an understandablelanguage and syntax; and (2) include nothing contrary to, inconsistent with, or inmitigation of any other statements or disclosures used in any communication withthe consumer.
“Computer”
means any desktop or laptop computer, handheld device, telephone,smartphone, tablet, or other electronic device that has a platform on which to download, install,or run any software program, code, script, or other content.
“Corporate Defendant”
means Frostwire LLC and its successors and assigns.
“Defendants”
means the Corporate Defendant and Individual Defendant, individually,collectively, or in any combination.
Case 1:11-cv-23643-DLG Document 4-1 Entered on FLSD Docket 10/07/2011 Page 3 of 17
