Filed: Sep. 07, 2016
Latest Update: Sep. 07, 2016
Summary: CONSENT DECREE AND PERMANENT INJUNCTION GEORGE H. WU , District Judge . The Court, having read and considered the Joint Stipulation for Entry of Consent Decree and Permanent Injunction that has been executed by Plaintiffs Disney Enterprises, Inc. and Warner Bros. Home Entertainment Inc. (collectively "Plaintiffs") and Defendant Yanxiang Chen ("Defendant") in this action, and good cause appearing therefore, hereby: ORDERS that based on the Parties' Stipulation and only as to Defendant, her
Summary: CONSENT DECREE AND PERMANENT INJUNCTION GEORGE H. WU , District Judge . The Court, having read and considered the Joint Stipulation for Entry of Consent Decree and Permanent Injunction that has been executed by Plaintiffs Disney Enterprises, Inc. and Warner Bros. Home Entertainment Inc. (collectively "Plaintiffs") and Defendant Yanxiang Chen ("Defendant") in this action, and good cause appearing therefore, hereby: ORDERS that based on the Parties' Stipulation and only as to Defendant, her s..
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CONSENT DECREE AND PERMANENT INJUNCTION
GEORGE H. WU, District Judge.
The Court, having read and considered the Joint Stipulation for Entry of Consent Decree and Permanent Injunction that has been executed by Plaintiffs Disney Enterprises, Inc. and Warner Bros. Home Entertainment Inc. (collectively "Plaintiffs") and Defendant Yanxiang Chen ("Defendant") in this action, and good cause appearing therefore, hereby:
ORDERS that based on the Parties' Stipulation and only as to Defendant, her successors, heirs, and assignees, this Injunction shall be and is hereby entered in the within action as follows:
1) This Court has jurisdiction over the parties to this action and over the subject matter hereof pursuant to 17 U.S.C. § 101 et seq., and 28 U.S.C. §§ 1331 and 1338. Service of process was properly made against Defendant.
2) One or other of the Plaintiffs own or control the copyrights or pertinent exclusive rights to distribute or license the distribution of home video and digital products, including video home cassettes as well as optical discs, including, but not limited to, digital versatile discs (DVDs) and Blu-ray discs (collectively "Media Products") incorporating the motion picture or television episodes subject to the copyright registrations listed in Exhibit "A" attached hereto and incorporated herein by this reference (collectively referred to herein as "Plaintiffs' Works").
3) Plaintiffs have alleged that Defendant has made unauthorized uses of Plaintiffs' Works or substantially similar likenesses or colorable imitations thereof.
4) Defendant and her agents, servants, employees, representatives, successor and assigns, and all persons, firms, corporations or other entities in active concert or participation with her who receive actual notice of the Injunction are hereby restrained and permanently enjoined from infringing — directly, contributorily or vicariously — or enabling, facilitating, permitting, assisting, soliciting, encouraging, inducing, authorizing, aiding or abetting, materially contributing to, or persuading anyone to infringe in any manner Plaintiffs' Works, including, but not limited to, the following:
a) Copying, reproducing, downloading, distributing, uploading, linking to, transmitting, or publicly performing, or using trademarks, trade names or logos in connection with unauthorized Media Products containing any of Plaintiffs' Works;
b) Enabling, facilitating, permitting, assisting, soliciting, encouraging, abetting, or inducing any person or entity to copy, reproduce, download, distribute, upload, link to, transmit, or publicly perform any unauthorized versions of Plaintiffs' Works; or
c) Profiting from the unauthorized copying, reproduction, downloading, distribution, uploading, linking to, transmission, or public performance of any of Plaintiffs' Works while declining to exercise a right to stop or limit such unauthorized copying, reproduction, downloading, distribution, uploading, linking to, transmission, or public performance of any of Plaintiffs' Works.
5) Each side shall bear its own fees and costs of suit.
6) Except as provided herein, all claims alleged in the Complaint are dismissed with prejudice.
7) This Injunction shall be deemed to have been served upon Defendant at the time of its execution by the Court.
8) The Court finds there is no just reason for delay in entering this Injunction and, pursuant to Rule 54(a) of the Federal Rules of Civil Procedure, the Court directs immediate entry of this Injunction against Defendant.
9) The Court shall retain jurisdiction of this action to entertain such further proceedings and to enter such further orders as may be necessary or appropriate to implement and enforce the provisions of this Injunction.
10) The above-captioned action, shall, upon filing by Plaintiffs of the Settlement Agreement, Stipulation for Entry of Judgment and Judgment Pursuant to Stipulation, and requesting entry of judgment against Defendant, be reopened should Defendant default under the terms of the Settlement Agreement.
11) This Court shall retain jurisdiction over Defendant for the purpose of making further orders necessary or proper for the construction or modification of this consent decree and judgment; the enforcement hereof; the punishment of any violations hereof; and for the possible entry of a further Judgment Pursuant to Stipulation in this action.
EXHIBIT A
COPYRIGHT REGISTRATIONS
Copyright
Registration Title of Work: Rights
Number: Owner:
SCANDAL: SEASON 4
PA0001928275 SCANDAL: 401, RANDY, RED, SUPERFREAK DEI
AND JULIA
PA0001928274 SCANDAL: 402, THE STATE OF THE UNION DEI
PA0001922164 SCANDAL: 403, INSIDE THE BUBBLE DEI
PA0001930078 SCANDAL: 404A, LIKE FATHER, LIKE DEI
DAUGHTER
PA0001932211 SCANDAL: 404B, THE KEY DEI
PA0001936826 SCANDAL: 405, AN INNOCENT MAN DEI
PA0001936827 SCANDAL: 406, BABY MADE A MESS DEI
PA0001934025 SCANDAL: 407, THE LAST SUPPER DEI
PA0001940748 SCANDAL: 408, WHERE THE SUN DON'T DEI
SHINE
PA0001947160 SCANDAL: 409, RUN DEI
PA0001946467 SCANDAL: 410, WHERE'S THE BLACK LADY DEI
PA0001946910 SCANDAL GLADIATORS DON'T RUN: 411A DEI
PA0001953103 SCANDAL: 411B, NO MORE BLOOD. DEI
PA0001954282 SCANDAL: 412, THE LAWN CHAIR DEI
PA0001954279 SCANDAL: 413, THE TESTIMONY OF DIEGO DEI
MUNOZ
PA0001954281 SCANDAL: 414, IT'S GOOD TO BE KINK DEI
PA0001954278 SCANDAL: 415, PUT A RING ON IT DEI
PA0001954758 SCANDAL: 416, HONOR THY FATHER DEI
PA0001956229 SCANDAL: 417, I'M JUST A BILL DEI
PA0001957096 SCANDAL: 418, FIRST LADY SINGS THE DEI
BLUES
PA0001957246 SCANDAL: 419, A FEW GOOD WOMEN DEI
PA0001958275 SCANDAL: 420, YOU CAN'T TAKE DEI
COMMAND.
BIG BANG THEORY:
SEASON 7
PA0001875709 THE BIG BANG THEORY: THE HOFSTADTER WBHEI
INSUFFICIENCY
PA0001892010 THE BIG BANG THEORY: THE DECEPTION WBHEI
VERIFICATION
PA0001875704 THE BIG BANG THEORY: THE SCAVENGER WBHEI
VORTEX
PA0001875713 THE BIG BANG THEORY: THE RAIDERS WBHEI
MINIMIZATION
PA0001873838 THE BIG BANG THEORY: THE WORKPLACE WBHEI
PROXIMITY
PA0001872943 THE BIG BANG THEORY: THE ROMANCE WBHEI
RESONANCE
PA0001870212 THE BIG BANG THEORY: THE PROTON WBHEI
DISPLACEMENT
PA0001870213 THE BIG BANG THEORY: THE ITCHY BRAIN WBHEI
SIMULATION
PA0001886516 THE BIG BANG THEORY: THE WBHEI
THANKSGIVING DECOUPLING
PA0001886559 THE BIG BANG THEORY: THE DISCOVERY WBHEI
DISSIPATION
PA0001886567 THE BIG BANG THEORY: THE COOPER WBHEI
EXTRACTION
PA0001892009 THE BIG BANG THEORY: THE HESITATION WBHEI
RAMIFICATION
PA0001892008 THE BIG BANG THEORY: THE OCCUPATION WBHEI
RECALIBRATION
PA0001892923 THE BIG BANG THEORY: THE CONVENTION WBHEI
CONUNDRUM
PA0001893528 THE BIG BANG THEORY: THE LOCOMOTIVE WBHEI
MANIPULATION
PA0001898991 THE BIG BANG THEORY: THE TABLE WBHEI
POLARIZATION
PA0001897037 THE BIG BANG THEORY: THE FRIENDSHIP WBHEI
TURBULENCE.
PA0001899473 THE BIG BANG THEORY: THE MOMMY WBHEI
OBSERVATION
PA0001909256 BIG BANG THEORY: THE INDECISION WBHEI
AMALGAMATION
PA0001909250 THE BIG BANG THEORY: THE WBHEI
RELATIONSHIP DIREMPTION
PA0001904811 THE BIG BANG THEORY: THE ANYTHING WBHEI
CAN HAPPEN RECURRENCE
PA0001904814 THE BIG BANG THEORY: THE PROTON WBHEI
TRANSMOGRIFICATION
PA0001908404 THE BIG BANG THEORY: THE GORILLA WBHEI
DISSOLUTION
PA0001908407 THE BIG BANG THEORY: THE STATUS QUO WBHEI
COMBUSTION