Case 1:11-cv-08407-TPG Document 61

Filed 05/15/13 Page 1 of 3

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

ARISTA MUSIC, ARISTA RECORDS LLC, A TLANTIC RECORDING CORPORA TION, ELEKTRA ENTERTAINMENT GROUP INC., LAP ACE RECORDS LLC, SONY MUSIC ENTERTAINMENT,UMG RECORDINGS, INC., WARNER BROS. RECORDS INC., and ZOMBA RECORDING LLC,

11 Civ. 8407 (TPG)

[pail .iID] CONSENT JUDGMENT

AND PERMANENT INJUNCTION FOR DEFENDANTNIKOLAARABADnEV

Plaintijft,

v.
ESCAPE MEDIA GROUP [NC., SAMUEL TARANTINO, JOSHUA GREENBERG, PAUL GELLER, BENJAMIN WESTERMANN-CLARK, JOHN ASHENDEN, CHANEL MUNEZERO, and NIKOLA ARABADJIEV,

r,=======:::::'.

JI~ ~~~~
! DOC #:

~ ~I '

ELECTRONICALLY FILED'
#.~! -t). :'
.IDATE ; J.1LED: ;: ;:: ~ ::;;: ;- .~ I
:

Defendants.

Plaintiffs and Defendant Nikola Arabadjiev (the "Defendant") hereby stipulate, and move that this Court should enter a Judgment and Permanent Injunction in favor of Plaintiffs and against the Defendant, as follows: 1. The Defendant acknowledges that he has been properly and validly served with the Summons and Complaint in this action. The Defendant further consents to continuing jurisdiction ofthe Court for purposes of enforcement of the Judgment and Permanent Injunction, 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 2 of 3

2.

Tile Defendant and all those acting in concert with the Defendant shall be immediately and 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 rights under 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 Copyrighted Works in violation of the United States Copyright Act, via the Grooveshark service or any other online streaming service, website, application, or peer-to-peer or file-trading system that operates without authority or license from the appropriate Plaintiff or any of its licensees.

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 or perform any other work on behalf of, any service, website, application, or peer-to-peer or file-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 continued employment 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 3 of 3

4.

The undersigned counsel represent that they have been authorized to execute this [Proposed] Consent Judgment and Permanent Injunction on behalf of their respective clients.

DATED: May 10,2013

Andrew H. Bart
Gianni P. Servodidio
JENNER & BLOCK LLP
919 Third Ave, 37th Floor
New York, NY 10022
Telephone: (212) 891-1600
Facsimile: (212) 891-1699

Edward H. Rosenthal Jeremy Goldman FRANKFURT KURNIT KLEIN & SELZ 488 Madison Avenue, 10th Floor New York, NY 10022
Telephone: (212) 826-5524
Facsimile: (212) 593-9175

On BehalfofPlaintiffs

On Behalfofthe Defendant

U.S.D.I.

F/IF/I~