1.

2 3 4

Jason Schultz
jason@efforg

(SBN 212600)
(SBN 221504)

Corynne
corynne@eff

McSherry

ELECTRONIC
FRONTIER

org

FOUNDA

454 Shotwell
San Francisco,

Street
CA 94110

Telephone: (415) 436-9333 xl.12

5
6

Facsimile:(415) 436-9993 Attorneys for Plaintiff JEFFREYDIEHL
UNITED STATES DISTRICT
FOR THE NORTHERN DISTRICT OF

7
8

nON

COURT
CALIFORNIA

9 10 11 12
JEFFREY DIEHL,

)
Plaintiff,

Case No. C 06-6800SBA

)

13
v.

) )
DEPT:

14
15

3

MICHAEL CROOK,
Defendant.

.} -

JUDGE: Hon. Saundra Brown ArmstrOng

16
11 18 Having consideredthe parties' joint stipulation seekingdismissal of the above captioned
matter without prejudice, pursuant to the parties' Settlement Agreement, and good cause appearing,
it is HEREBY ORDERED that:
~'

19
20

21
22

1.

Defendant Michael Crook ("Crook") may not issue any future ceaseand desist

notices, notices under 17 V.S.C. § 512 ("DMCA

notices"), requestsfor suspension, and/or any

23 24 25

other similar processes any personor entity in connectionwith the use of any video or image to
related to Crook's 2005 appearanceon Fox News;
2.
Crook will send email to every person or entity to which he previously sent a

26 21
28

DMCA

notice

and/or

request

for

suspension

in

connection

with

Courtroom

the

use

of

any

video

or

relating to Crook's 2005 appearanceon Fox News, withdrawing the notice and/or request;

3.

Crook

Will

refrain

from

submitting

any

future

copyright

cease-and-desist

(PROPOSED) ORDER CASENo: CO6-6800 SBA

notices,

image

Ci

~

1.
2 3 4 5
6 7
,8

DMCA

notices,

requests

for

suspension,

and/or

other

similar

processes

in

connection

with

the

of

any

copyrighted

work,

for

a

~riod

of

(five)

5

years

from

the

date

of

the

en~

of

this

unless

the

material

in

question

was

personally

authored,

photographed,

or

originated

in

a

medium by, or formally assigned Crook and/orhis spouse. to,

4.

To

the

extent

that

Crook

does

issue

any

copyright

cease-and-desist

notices,

tangible

notices,requestsfor suspension, other threatsregardinguse ora copyrightedwork, for a period or
of (five) 5 years from the date of the entry of the Order of DismissaI of this Action, Crook will first

evaluate

whether

the

use

in

question

is

a

fair

use

and,

at

the

top

of

any

such

notice,

will

include

DMCA

Order

9

Internet

Uniform

Resource

Locator

~)

for

(a)

the

webpage

regarding

this

Action

10
11.
12

by Diehl's counsel, currently located <http://www.eff.org/legal/cases/diehl_v_crook/>; (b) a and
webpage
containing a copy of this Order, the URL for which Will be provided to Crook by Diehl's

counseloncethe order is enteredandthe webpageis created. 5
Crook will complete the following online courses on copyright law: Understanding

13
14
IS

Basic Copyright Law 2006: Introduction and Overview of Basic Principles of Copyright Law and Copyright Office Practice and Advanced Seminar on Copyright Law 2006: Fair Use.
6.

16
17

2007, Crook will provide Diehl with certificatesof attendance the of

By

April

abovecourses.
7,
financial documents

18

Crook has representedunder penalty of perjury that he is indigent and that the
he has provided to Diehl to substantiate this claim are true and accurate to the

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22

best of Crook's knowledge. 8
counsel of financial

Based on the above representation of fu18ncial indigence, and review by Diehl's
documents Crook has provided, Diehl waives any claim for financial

23
24 25

compensation
Matter.

including attorneys' fees related to his causesof action againStMr. Crook in this

9.

Crook agrees that if he violates any term of this Order, including his representations

26
27

of his financial statUs,Diehl's remedies shall include, without limitation, the right to require Crook
to assign to Diehl all rights in any domain name Crook owns, as of the date of execution o(tbiS

28

Order and/or

at

the

time

of

30,

theyiolation.

In

return,

Diehl

~s

to

give

Crook

atl~48hours

maintained

the

use

(PROPOSED)

--.
:'
ORDER

2

CASENo: C06-6800SBA

notice of any alleged violation by Crook of this Order before commencingany court action to

.2

enforce this Order, in order to provide an opportunity for Crook to cure said violations and/or volunteerto transferall rights associated with the abovereferences Internetdomains..

.. 5
6

1.0.

Crook has made a video statement ("the Video"), acceptable to Diehl, apolo~g Crook has assigned all
to show the Video on any website sending false DMCA notices and requests for suspension.

to
rights

Diehl

in

the

for

Video

to

Diehl,

and

has

agreed

that

if

Crook

7 8
9

or

blog,

he

will

do

so

exclusively

via

a

link

to

the

Video,

wishes

the

URL

for

which

shall

be

provided

Diehl

11.

Crook

will

not

revoke

or

deny

any

statement

made

in

the

Video

in

any

10 11 12
13 14

12.

This Court shall retainjurisdiction to resolveany disputeor controversybetweenthe
A magistrate judge may be assigned to

parties arising under or in connectionwith this Order. resolveany suchcontroversyor dispute.

Dated
IS

forum.

16

Judge

n
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20 2!
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24 25

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CASE No: CO6-6800 SBA

ORDER

(PROPOSED)

--

by