UMG Recordings, Inc. et al v. PMD Technologie UG et al

Filing 24

FINAL JUDGMENT AND PERMANENT INJUNCTION by Judge Andre Birotte Jr.: Upon Stipulation 22 , it is hereby ORDERED AND ADJUDGED AS FOLLOWS: Judgment is entered in favor of Plaintiffs and against Defendants PMD Technologie UG and Philip Matesanz on all c ounts of the Complaint. Defendants and their corporate parents and subsidiaries, and their respective officers, agents, servants, and employees, and all persons in active concert or participation with them who have actual knowledge of this Final Judg ment and Permanent Injunction by service, notice or otherwise are hereby permanently RESTRAINED and ENJOINED re YTMP3 Website, Service, etc. Defendants shall make the settlement payment required by the Settlement Agreement in accordance with the term s of the Settlement Agreement, and the parties shall otherwise bear their own fees and costs. This Final Judgment and Permanent Injunction is a final judgment for purposes of disposition of this action. Plaintiffs are not required to post any bond or security in connection with the Permanent Injunction. See document for further details. (MD JS-6. Case Terminated) (gk)

1
2

JS-6

3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9
10
11
12
13
14
15
16
17

CENTRAL DISTRICT OF CALIFORNIA
UMG RECORDINGS, INC.; CAPITOL
RECORDS, LLC; WARNER BROS.
RECORDS INC.; WARNER MUSIC
LATINA INC.; SONY MUSIC
ENTERTAINMENT; SONY MUSIC
ENTERTAINMENT US LATIN LLC;
ARISTA RECORDS LLC; ATLANTIC
RECORDING CORPORATION;
ELEKTRA ENTERTAINMENT
GROUP INC.; FUELED BY RAMEN,
LLC; KEMOSABE RECORDS LLC;
LAFACE RECORDS LLC;
NONESUCH RECORDS INC.; WEA
INTERNATIONAL INC.; ZOMBA
RECORDING LLC,

18
Plaintiffs,

19
20

v.

21
22

PMD TECHNOLOGIE UG d/b/a
YouTube-mp3; PHILIP MATESANZ;
and DOES 1-10,

23

Defendants.

24

) Case No. 2:16-cv-07210-AB-E
)
)
) [PROPOSED] FINAL JUDGMENT
) AND PERMANENT INJUNCTION
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

25
26
27
28
[PROPOSED] FINAL JUDGMENT AND PERMANENT INJUNCTION

1

On the stipulation of Plaintiffs UMG Recordings, Inc.; Capitol Records, LLC;

2

Warner Bros. Records Inc.; Warner Music Latina Inc.; Sony Music Entertainment;

3

Sony Music Entertainment US Latin LLC; Arista Records LLC; Atlantic Recording

4

Corporation; Elektra Entertainment Group Inc.; Fueled by Ramen, LLC; Kemosabe

5

Records LLC; LaFace Records LLC; Nonesuch Records Inc.; WEA International Inc.;

6

and Zomba Recording LLC (collectively, “Plaintiffs”), and defendants PMD

7

Technologie UG and Philip Matesanz (collectively, “Defendants”), and good cause

8

showing, it is hereby ORDERED AND ADJUDGED AS FOLLOWS:

9
10
11

1.

Judgment is entered in favor of Plaintiffs and against Defendants on all

counts of the Complaint.
2.

Pursuant to Federal Rule of Civil Procedure 65(d), 28 U.S.C. § 1651, and

12

this Court’s inherent equitable powers, Defendants and their corporate parents and

13

subsidiaries, and their respective officers, agents, servants, and employees, and all

14

persons in active concert or participation with them who have actual knowledge of

15

this Final Judgment and Permanent Injunction by service, notice or otherwise

16

(including but not limited to any person or entity that hosts any servers through which

17

the service, or any aspect thereof, that Defendants offer or have ever offered at the

18

website located at www.youtube-mp3.org (the “YTMP3 Website”)), are hereby

19

permanently RESTRAINED and ENJOINED from the each following, anywhere in

20

the world:

21

a.

operating the YTMP3 Website, any service that Defendants offer

22

or have ever offered at YTMP3 Website (the “YTMP3 Service”), or any other

23

website or system that Defendants (or any of them) own or control, directly or

24

indirectly, that is substantially similar to the YTMP3 Service;

25

b.

directly or indirectly operating, assisting in, facilitating or

26

supporting the YTMP3 Service or any part thereof, including without limitation

27

engaging in any of the following activities, except as otherwise expressly

28

agreed in writing by Plaintiffs: (i) operating or assisting in the operation of any
1
[PROPOSED] FINAL JUDGMENT AND PERMANENT INJUNCTION

1

computers, servers, or software that in any manner assist in or support the

2

operation of the YTMP3 Service, (ii) any use of any domain that includes the

3

term “youtube-mp3,” or any substantially or confusingly similar terms, or (iii)

4

in any way profiting or benefitting from the YTMP3 Service;

5

c.

directly or indirectly, in any manner whatsoever, using, exploiting,

6

selling, licensing, leasing, assigning, loaning, bartering, transferring, conveying,

7

hypothecating, encumbering, pledging, or distributing, for consideration or

8

otherwise, any hardware, software, source code, technology, intellectual

9

property, or goodwill related to or associated with the YTMP3 Service,

10
11

including but not limited to the name “youtube-mp3”;
d.

knowingly designing, developing, offering, or operating any

12

technology or service that allows or facilitates the practice commonly known as

13

“streamripping,” or knowingly causing, enabling, facilitating, encouraging,

14

promoting, inducing, or participating in the design, development, offering, or

15

operating of any such technology or service by any person or entity in any

16

manner that would be contrary to the federal and/or any state law of the United

17

States of America if conducted in the United States of America, regardless of

18

where such activity is conducted;

19

e.

otherwise knowingly infringing, knowingly causing to be

20

infringed, or knowingly enabling, facilitating, encouraging, promoting,

21

inducing, or participating in the infringement of, any copyright owned or

22

controlled by any of the Plaintiffs; and

23

f.

with respect to Plaintiffs and/or any of their direct or indirect

24

record company affiliates, domestic and foreign, and the respective

25

predecessors, successors, assigns, and representatives of the foregoing

26

(collectively, the “Plaintiff Affiliated Entities”), knowingly circumventing,

27

knowingly causing to circumvent, or knowingly enabling, encouraging,

28

promoting, inducing, or participating in the circumvention of, any technological
2
[PROPOSED] FINAL JUDGMENT AND PERMANENT INJUNCTION

1

measure that effectively controls access to and prevents copying of Plaintiff

2

Affiliated Entities’ works protected by the U.S. Copyright Act and/or the

3

copyright law of any other jurisdiction, whether now in existence or hereafter

4

created, and/or that effectively protects the rights of the Plaintiff Affiliated

5

Entities under the U.S. Copyright Act and/or the copyright law of any other

6

jurisdiction.

7

3.

Pursuant to Federal Rule of Civil Procedure 65(d), 28 U.S.C. § 1651, and

8

this Court’s inherent equitable powers, and in order to give practical effect to the

9

foregoing injunction, all persons in active concert or participation with Defendants or

10

their officers, agents, servants, or employees, who have actual knowledge of this

11

Order by service, notice or otherwise (including without limitation any domain name

12

registrars and registries, such as Mesh Digital Limited), are hereby permanently

13

RESTRAINED and ENJOINED from allowing the continued use by anyone other

14

than Plaintiffs, or the transfer to any person other than Plaintiffs, of the domain name

15

www.youtube-mp3.org. Defendants are ordered to transfer the domain name

16

www.youtube-mp3.org to the Plaintiff identified in, and in accordance with the terms

17

of, the confidential Settlement Agreement among the parties (“Settlement

18

Agreement”). To the extent that Defendants or those in active concert or participation

19

with them fail to comply with this Order, then in addition to any other recourse or

20

remedy that Plaintiffs may have for breach of the Settlement Agreement and violation

21

of this Order, any and all registrars and registries for the domain youtube-mp3.org

22

shall promptly, within not more than twenty-four (24) hours, disable the youtube-

23

mp3.org domain, through a registry hold or otherwise, and prevent its transfer to

24

anyone other than Plaintiffs, and further shall, within thirty (30) days of receipt of

25

notice of this Order, change the Registrar of Record for the youtube-mp3.org domain

26

to a Registrar of Plaintiffs’ choosing.

27
28

4.

Defendants shall make the settlement payment required by the Settlement

Agreement in accordance with the terms of the Settlement Agreement, and the parties
3
[PROPOSED] FINAL JUDGMENT AND PERMANENT INJUNCTION

1
2
3
4

shall otherwise bear their own fees and costs.
5.

This Final Judgment and Permanent Injunction is a final judgment for

purposes of disposition of this action.
6.

The Court shall maintain continuing jurisdiction over this action and the

5

parties for the purpose of enforcing this Final Judgment and Permanent Injunction

6

and for the purpose of enforcing the parties’ Settlement Agreement.

7

7.

Defendants shall give notice of this Final Judgment and Permanent

8

Injunction to each of their officers, directors, agents, servants, employees, assigns,

9

subsidiaries, partners, owners, alter egos, affiliates, all entities through which they

10

conduct business, representatives, successors, heirs, trustees, conservators, licensees,

11

and all those acting in active concert or participation with or aiding and abetting the

12

Defendants.

13

8.

Plaintiffs are not required to post any bond or security in connection with

14

the Permanent Injunction, and Defendants permanently, irrevocably, and fully waive

15

any right to request a bond or any other security.

16
17
18

IT IS SO ORDERED.

19

Date: September 5, 2017

______________________________
Honorable André Birotte Jr.
United States District Judge

20
21
22
23
24
25
26
27
28
4

[PROPOSED] FINAL JUDGMENT AND PERMANENT INJUNCTION