NBCUniversal Media LLC et al v. Barry Driller Inc et al

Filing 162

STIPULATED CONSENT JUDGMENT AND PERMANENT INJUNCTION by Judge George H. Wu in favor of ABC Holding Company Inc, American Broadcasting Companies Inc, Big Ticket Televison Inc, CBS Broadcasting Inc, CBS Studios Inc, Disney Enterprises Inc, NBC Subsidia ry KNBC-TV LLC, NBCUniversal Media LLC, Open 4 Business Productions LLC, Telemundo Network Group LLC, Universal Cable Productions LLC, WNJU-TV Broadcasting LLC against FilmOn X LLC, FilmOn.TV Inc, FilmOn.TV Networks Inc, FilmOn.com Inc, Alkiviades David. (See document for details) ( MD JS-6. Case Terminated ). (mrgo)

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JS-6 JENNER & BLOCK LLP Richard L. Stone (SBN 110022) rstone@jenner.com 2 Julie A. Shepard (SBN 175538) jshepard@jenner.com 3 633 West 5th Street, Suite 3600 Los Angeles, CA 90071 4 Telephone: 213 239-5100 Facsimile: 213 239-5199 1 5 Attorneys for Plaintiffs Fox Television Stations, Inc., Twentieth Century Fox Film Corp., and Fox 7 Broadcasting Company 6 8 9 UNITED STATES DISTRICT COURT 10 CENTRAL DISTRICT OF CALIFORNIA 11 WESTERN DIVISION 12 FOX TELEVISION STATIONS, INC., 13 TWENTIETH CENTURY FOX FILM CORP., and FOX BROADCASTING 14 COMPANY, 15 Plaintiffs, 16 v. 17 FILMON X, LLC, FILMON.TV, INC., FILMON.TV NETWORKS, INC., Case No.: CV 12-6921-GW(JCx) (consolidated with Case No. CV 126950-GW(JCx)) Hon. George H. Wu STIPULATED CONSENT JUDGMENT AND PERMANENT INJUNCTION 18 FILMON.COM, INC., ALKIVIADES DAVID, and JOHN DOES 1-3, 19 inclusive, 20 21 Defendants. NBCUNIVERSAL MEDIA, LLC, et al. 22 Plaintiffs, 23 24 v. 25 FILMON X LLC, et al., 26 Defendants. 27 28 [PROPOSED] STIPULATED CONSENT JUDGMENT AND PERMANENT INJUNCTION 2566579.1 1 Pursuant to the Settlement Agreement reached between Plaintiffs and 2 Defendants, the foregoing stipulation of the Parties, and for good cause shown, the 3 Court hereby enters the following Stipulated Consent Judgment and Permanent 4 Injunction: 5 STIPULATED CONSENT JUDGMENT AND PERMANENT INJUNCTION 6 1. Defendants, its affiliated companies, and all of its officers, directors, 7 agents, servants, and employees, and all natural and corporate persons in active 8 concert or participation or in privity with any of them (collectively, the “Enjoined 9 Persons”) ARE HEREBY PERMANENTLY RESTRAINED AND ENJOINED 10 from streaming, transmitting, retransmitting, or otherwise publicly performing, 11 displaying, or distributing without Authorization any Copyrighted Programming 12 over the Internet (through websites such as filmon.com or filmonx.com), via web 13 applications (available through platforms such as the Windows App Store, Apple’s 14 App Store, the Amazon App Store, Facebook, or Google Play), via portable 15 devices (such as through application on devices such as iPhones, iPads, Android 16 devices, smart phones, or tablets), or by means of any device or process, and from 17 otherwise infringing, by any means, directly or indirectly, any of Plaintiffs’ 18 exclusive rights under Section 106 of the Copyright Act with respect to 19 Copyrighted Programming. “Authorization” means and requires a written license 20 from the copyright holder. 21 2. “Copyrighted Programming” shall mean each of those television 22 programming works, or portions thereof, whether now in existence or later created, 23 including but not limited to original programming, motion pictures and newscasts, 24 in which the Plaintiffs, or any of them, (or any parent, subsidiary, or affiliate of any 25 of the Plaintiffs) owns or controls an exclusive right under the United States 26 Copyright Act, 17 U.S.C. §§ 101, et seq. 27 28 3. Violation of this Stipulated Consent Judgment and Permanent 2 [PROPOSED] STIPULATED CONSENT JUDGMENT AND PERMANENT INJUNCTION 2566579.1 1 Injunction shall expose Defendants and all other persons bound by this Stipulated 2 Consent Judgment and Permanent Injunction to all applicable penalties, including 3 contempt of Court. 4 4. All claims and defenses in this action are hereby resolved by this 5 Stipulated Consent Judgment and Permanent Injunction. 6 5. This Court shall retain continuing jurisdiction over the Parties and the 7 action for purposes of construction, modification, and enforcement of this 8 Stipulated Consent Judgment and Permanent Injunction and/or enforcing the 9 Parties' Settlement Agreement. 10 6. All parties are to bear their own costs. 11 12 IT IS SO ORDERED. 13 SIGNED at Los Angeles, California, this 24th day of May, 2017. 14 15 16 ________________________________ The Honorable George H. Wu United States District Judge 17 18 19 20 21 22 23 24 25 26 27 28 3 [PROPOSED] STIPULATED CONSENT JUDGMENT AND PERMANENT INJUNCTION 2566579.1

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