1

Jason Schultz

(SBN 212600) (SBN 221504)
FOUNDAllON 94110

2
3 4 5

jason@efforg Corynne McSherry

corynne@efforg
454 Shotwell
San Francisco,

ELECTRONIC
Street
CA

Telephone: (415) 436-9333 Facsimile: (415) 436-9993

FRONllER

x112

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UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF

Attorneys for Plaintiff JEFFREYDIEHL

10 11 12 13
14 15 16
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v.

OAKLAND DIVISION

JEFFREYDIEm., Plaintiff,

) )
~

No. 06-CY -6800 SBA STIPULA nON OF DISMISSAL

WITHOUT PREJUDICE
DEPT:

)

)

CALIFORNIA

MICHAEL
CROOK,

3

Defendant.

) )

JUDGE: Hon. Saundra Brown Armstrong

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defenses, be and hereby is dismissed without prejudice

)

IT

IS

HEREBY

SnPULA

TED

by

and

between

Jeffrey

Courtroom

Diehl

and

Michael

("Parties") that the above-captioned action, including all claims, counterclaims, and affirmative
pursuant to FRCP 41 (a)(l)(ii).

25 26 27
between

Each

Partywill bearits own costsand attorneys'fees.

The Parties request that the Court retain jurisdiction to enforce the Settlement Agreement
Plaintiff Diehl and Defendant Crook, attached hereto as Exhibit A, by issuing an Order

28
1
TIPULA TION OF DISMISSA .:

Crook

I

1 2 3

that explicitly retainsjurisdiction to enforcethe settlementagreement incorporates tenDS and the of
the Settlement Agreemen~ pursuant to Kokkonen

v. Guardian Life Insurance Co. of America, 511
this Stipulation.

U.S.

375,

381-82

(1994).

A

Proposed

Order

4 5 6
Dated: /lltlr /2., ~ r

7

8
9

d~~
-. -

Electronic Frontier Foundation Attorneys for Plaintiff Jeff Diehl

10

II 12
13 14 15

Dated:J- 10 -01

f/l cJxt7CL._o
-

,

Michael Crook

Defendant& Pro Se

16 17
18 19 20

21
22

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25 26 27 28

accompanies

2
STIPULATION Of DISMISSAL

Jeffrey Diehl v. MIchaelCrook
ND. CGl Cue No. CO6-O6800 SB4 Settlement

nus AGREEMENT
is Michael Crook ('.Crook"),

made

this

AGREEMENT

9th

day

of

Fetx'uary,

2007,

by

and

anindividual in Baldwinsville,York. residing New and

Jeffiey Diehl ("Diehl"), an individual resimng in San Francisco, California (collectively, "the Parties"). WHEREAS, on November 1, 2006, Mr. DiehJ commenced a civil action against Mr. Crook seeking injWlCtive relief and damages for misrepresentation of copyri~ht
claims under the Digital Millennium Copyright Act and intentional interference

between

contractual

relations;

injunctive

relie(

restitution

and disgorgement

for unfair business ~eking
them amicably

JX'8Ctices; declaratoryrelief ("the Action"); and aid
on January S, 2007, Mr. Crook filed counterclaims for intentiOl8linOictionof emotional distress and intimidation; and
WHEREAS, the Parties wish to resolve the controversy and witIX>Ut the ~ed for further mspute or p-oceedings. between

WHEREAS,

damages

NOW,

THEREFORE,

in

consideration

of

the

mutual

promises

contained

the par1ies agree as follows:
DMCA Notices

1.

Crook

agrees

oot

to

iss~

any

futW"e

cease

aOO

desist

ootices,

notices

under 17
other
image

V.S.C.

§ 512
to any 2 Crook

("DMCA
pe~n or

notices"),
entity in colmection

requests

for
with

sus~nsion,
the ~ of any

and/or
video

any
or

similar
related

~~s

to Crook's

2OOS aPJx:arance
agrees to send

on Fox News;
email to every person or entity to which he previously

sent

a

DMCA

notice

and/or

request

for

suspension

in

connection

with

the

use

herein,

of

with

video

or

image

relating

to

Crook's

2005

appearance

on

Fox

News,

withdrawing

any

00 ti ce ard' or 3. Crook agrees that he will refrain from submitting
req ~ st, and-desist notices, DMCA notices, requests for suspension,

any future copyright
and/or other similar

cease-

IX'OCCsscs connection with the use of any copyrighted work, for a period of (five) 5 in

years from the date of the entry of the Order of
material in question was personally authored, photographed,

DismissaJ
or

of this Action unlessthe
originated in a tangible

medium
4.

by,
To notices,

CX'

formally

~g~d

to,

Crook

and/or

his

the

extent

that

Crook

does

iss~

any

copyright

SIX>UX.

cease-and-desist

DMCA

requests

for

suspension,

or

other

threats

regarding

use

of

a

work,

for

a

period

of

(five)

S

years

from

die

date

of

the

entry

of

1he

Order

of

Dismissal

copyrighted

notices,

the

q~stion
Resource

is a fair use and, at the
Locator (URL) for (a)

this

Action,

Crook

win

first

evaluate

whether

the

use

top

of

any

such

notice,

will

include

t~

Internet

Action maintained by Diehl's counsel, currently located <bttp;//www.eff.org/1egal/~s/mehl_v_crook/>; and (b) a wcbpage containing a copy of the Joint Stipulation, Penna~nt will be JX"Ovided Crook orx:e the Order is entered and the webJDge is created to
the webpage regarding this
Injurx:tion aid Order of Dismissal, the URL for which

Uniform

in

of

COD~tEducation

So Crook
Understanding
Basic

agrees to
CopyrighllAw

complete

the

following

online

courses

on

copyright

2006: IntrcxilCtioo
Law mid Use. Copyright

mid

Overview

of

Principles
Copyright Law

Office Pr«tice arx1A~dSemi
wiJ! provi~ Diehl with certificates of attcrxlance

nar 00
of

01

Copyright

2006:

6.

By

April

30,

Fair

2007,

the

aOOve

cou~.

~Dresaltation

of Indi2en~e

Crook

and

Stipulation

Re2:ardin2:

Dam.~

for

Bream

7. Crook represents under penalty of perjury that he is indigent and that the financial documents he has provided to Diehl to substantiate this claim are true and accurateto the rest of Crook's knowledge.
8. Based on the above representation of financial indigence, and review Diehl's counsel of financial documents Crook has provided, Diehl waives any claim for by

finaJx:iaJ comJ:eDSation incluang
9. Crook agrees that if he

attorneys' fees.
breaches any term of this Agreement, including his

representations of his financial status, Diehl's remedies sball incl\x:le, without limitation,
the right to require Crook to assign to Diehl all rights in any domain name Crook as of the date of execution of this Agreement and/or at the time of the breach. In return, owns,

Diehl
Agreement

agrees
refore

to

give

Crook

at

least

48

hours

notice

of

any

alleged

breach

by

Crook

of

Basic

law:

commencing

any

court

action

to

enforce

this

Agreement

in

order

this

provide

an

opportunity

for

Crook

to

cure

said

breaches

and/or

volunteer

to

transfer

rights associated with the aoove references Internet oomaim.
VId~

10. Withintwenty-onc
make a video statement ("the sending false DMCA notices and

Statanent

days of the execution of this Agreement, Crook agrees to
Video"). acceptable to Diehl, aJX)logizing to Diehl requests for suspension. The wording of the aJX)logy, for

to b:tween par1ies,attached asExhi~t the is hereto A.
12. Crook agrees to assign all rights in the Viooo to Diehl.

jointly

11. Crook agreesnot to revoke or deny any statement made in the Video in any ...wte... forum;
13. Crook agrees that, ifhe wishes to show the Video on any website or bIos. he

will

do

agreed

so

exclusively

via

a

tink

to

the

Video,

the

URL

for

which

shall

be

provided

all

Diehl.

14. Up>n
aPlX"Oval, which

completion
approval shall

of the Video, Crook shall submit the Video to Diehl for
not be unreasonably withheld. Diehl agrees that to the public unless and until Diehl has a~ved it and the

Video

will

not

be

the puties have submitted the Joint Stipulation and (Proposed) Order of Dismissal to the
court as ~t forth Re.J~ below. for Retention of Jurlsdlcdon

15. Subject to Diehl's approval of the Video, Crook and Diehl will execute aIxI submit to the Court a Motion for Dismissal and Prop>scdOrder dismissing all claims against each other and incorporating the terms of this Agreement. in the form attached heretoas Exhibit. Releaseor Oabns 16. Conditioned upon the parties' compliance with the terms and conditions of this Agreement, the parties, and their respective officers, directors, agents, servants,

disseminated

by

to

employees,
hereby release

I8lents, subsidiaries, affiliated com~s,
eacb other from any and all claims, demal¥is.

attorneys, ~essors
damages, lo~s,

aIKi assigns.
liabilities.

rights or causes of action. i~luding
arisil'lg out of or relating to the Action ard/or

but not limited to any claim for attorMYs
~ allegatiOIB userted therein.

fees,

This Agreement constitutes the entire agreement between the parties concerning subjectmatter hereof aoo supersedesany agreement or undcrstaJxJing. the
17.

M~ition"

whether matter of the Agreement prior to the date of this Agreement. 1ms Agreement may oot be
oral or written. that any ~ may claim was made with respect to the altered except by an instrument in writing signed by the J:8rtiel against whom subject

~ta1s

18. This Agreement shall be interpeted in accordance with the laws oftbe State of California. Any dispute or controversy between the parties arising under or in ~tion with this Agreement that is not subject to the continuing jurisdiction of the Northern District of California. if any. sball be submitted to a court in the state of California for resolution. Should either rarty b'each this agreement, they will be liable for any associated attorneysfeesaOO costsi~urrcd in any legal action to eofo~e the
agreement. 19. If any provision or 8ub-lXOvision of this Agreement is found invalid or unenforcea~e, the bB.Iancc of the Agreement, and all povisiom thereof, shall remain in
full fo~ and effect. The failure of any JBfty to enfo~e any term of this Agreement oot ~ deemed a waiver of that tenD or any other term oftbis Agreement. shall

modification

is charged.

20. This Agreement shall be mooing uJX>n and shall inure to the benefit of the
J:8rtics and their respcctive s~~rs ard '21. This Agreement may be executed ~g~. in one or mo~ couotefi8rts. each ofwbicb

shall

be

deemed

an

original.

all

of

which

sbaJJ

coostitute

~

and

the

same

JEFFDIEIu..

Date:

~/

MlOIAFL

""~Jr..a

CROOK

1/r

Date

Q7

.

~.

~

agreement.

the