Grooveshark Agreement
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT
OF
NEW YORK
ARISTA MUSIC, ARISTA RECORDSLLC, A TLANTIC RECORDINGCORPORA TION, ELEKTRAENTERTAINMENT GROUP INC.,LAP ACE RECORDS LLC, SONYMUSIC ENTERTAINMENT,UMGRECORDINGS, INC., WARNER BROS.RECORDS INC., and ZOMBARECORDING LLC,
Plaintijft,
v.
ESCAPE MEDIA GROUP [NC.,SAMUEL TARANTINO, JOSHUAGREENBERG, PAUL GELLER,BENJAMIN WESTERMANN-CLARK,JOHN ASHENDEN, CHANELMUNEZERO, and NIKOLAARABADJIEV,
Defendants.
11
Civ. 8407 (TPG)
[pail
.iID]
CONSENT JUDGMENT
AND
PERMANENT INJUNCTION FORDEFENDANTNIKOLAARABADnEV
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Plaintiffs and Defendant Nikola Arabadjiev (the "Defendant") hereby stipulate, and movethat this Court should enter a Judgment and Permanent Injunction in favor
of
Plaintiffs andagainst the Defendant,
as
follows:
1.
The Defendant acknowledges that he has been properly and validly served with theSummons and Complaint
in
this action. The Defendant further consents to continuingjurisdiction
of
the Court for purposes
of
enforcement
of
the Judgment and PermanentInjunction, and irrevocably and fully waives and relinquishes any argument that venue
or
jurisdiction
by
this Court
is
improper or inconvenient.
Case 1:11-cv-08407-TPG Document 61 Filed 05/15/13 Page 1 of 3
2. Tile Defendant and all those acting in concert with the Defendant shall be immediatelyand permanently enjoined from infringing
in
any manner any copyright in any and
all
sound recordings, whether now in existence
or
later created, in which any
of
the Plaintiffs(including their parents, subsidiaries or affiliates) own
or
control any exclusive rightsunder Section 106
of
the United States Copyright Act (17 U.S.C.
§
106) (the"Copyrighted Works"). This shall include, but
is
not limited to, copying, uploading,reproducing, distributing, tl"ansmitting or publicalJy performing any
of
the CopyrightedWorks in violation
of
the United States Copyright Act, via the Grooveshark service or anyother online streaming service, website, application,
or
peer-to-peer
or
file-trading systemthat operates without authority or license from the appropriate Plaintiff or any
of
itslicensees.3. Without limiting the generality
of
any
of
the foregoing. the Defendant shall not, whether
as
an employee
or
independent contl"actor and whether paid or unpaid, operate, design orperform any other work on behalf of, any service, website, application,
or
peer-to-peer orfile-trading system that
is
engaged
in
the infringement
of
the Copyrighted Works except
to
the extent that such infringement does not occur on a regular
or
systematic basis.Notwithstanding the foregoing, Defendant will not
be
in violation
of
this [Proposed]Consent Judgment and Permanent Injunction solely by virtue
of
his continuedemployment by Defendant Escape Media Group, Inc. provided he
is
otherwise
in
compliance with Paragraph 2 above.
Case 1:11-cv-08407-TPG Document 61 Filed 05/15/13 Page 2 of 3
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