Netflix Studios, LLC et al v. Dragon Media Inc. et al

Filing 59

JUDGMENT AND PERMANENT INJUNCTION AGAINST DEFENDANTS DRAGON MEDIA INC., PAUL CHRISTOFORO, AND JEFF WILLIAMS filed by Judge Michael W. Fitzgerald. Judgment shall be entered against Defendants and in favor of Plaintiffs on Plaintiffs claims of copyright infringement, and damages shall be awarded to Plaintiffs in the amount of US $14,500,000. SEE JUDGMENT FOR DETAILS. (MD JS-6. Case Terminated) (iv)

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JS-6 1 2 3 4 5 6 7 8 9 10 11 12 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION 13 Netflix Studios, LLC; Amazon Content Services, LLC; Columbia Pictures 14 Industries, Inc.; Disney Enterprises, Inc.; Paramount Pictures Corporation; 15 Twentieth Century Fox Film Corporation; Universal City Studios 16 Productions LLLP; Warner Bros. Entertainment Inc. 17 18 19 Plaintiffs, vs. Dragon Media Inc. d/b/a Dragon Box; 20 Paul Christoforo; Jeff Williams. 21 22 23 24 25 26 27 28 Defendants. Case No. 2:18-CV-00230-MWF (AS) JUDGMENT AND PERMANENT INJUNCTION AGAINST DEFENDANTS DRAGON MEDIA INC., PAUL CHRISTOFORO, AND JEFF WILLIAMS Judge: Hon. Michael W. Fitzgerald 1 STIPULATED [PROPOSED] CONSENT JUDGMENT AND PERMANENT 2 INJUNCTION 3 Plaintiffs Netflix Studios, LLC, Amazon Content Services, LLC, Columbia 4 Pictures Industries, Inc., Disney Enterprises, Inc., Paramount Pictures Corporation, 5 Twentieth Century Fox Film Corporation, Universal City Studios Productions 6 LLLP, and Warner Bros. Entertainment Inc. (collectively, “Plaintiffs”); and Dragon 7 Media Inc. d/b/a Dragon Box, Paul Christoforo, and Jeff Williams (collectively, 8 “Defendants”), by and through their undersigned counsel, hereby stipulate to the 9 entry of Judgment and a Permanent Injunction against Defendants, all of their 10 agents, servants, and employees, and all persons in active concert or participation or 11 in privity with any of them according to the following terms: 12 1. For the purposes of this Judgment and Permanent Injunction against 13 Defendant, the following definitions shall apply: 14 a. “Dragon Box service” shall refer to the hardware devices pre- 15 loaded with copyright infringing software, addons, programs, applications, and all 16 related services that Defendant marketed, promoted, sold, and supported. 17 b. “BlendTV” shall refer to the copyright infringing software, 18 programs, applications, and services that transmit or otherwise communicate 19 television programs and motion pictures over the Internet that Defendant marketed, 20 promoted, sold, and supported. 21 c. “Copyrighted Works” shall mean all copyrighted works (and 22 any portions thereof) in which the Plaintiffs, individually or jointly, (or any 23 parent, subsidiary, or affiliate of any of the Plaintiffs) owns or controls an 24 exclusive right under the United States Copyright Act, 17 U.S.C. §§ 101 et seq. 25 2. Judgment shall be entered against Defendants and in favor of Plaintiffs 26 on Plaintiffs’ claims of copyright infringement, and damages shall be awarded to 27 Plaintiffs in the amount of US $14,500,000. 28 -2- 1 3. Defendants, including Williams’ solely owned company West Coast 2 Dragon Box Inc., any affiliated companies, and all of their officers, directors, 3 agents, servants, employees, and attorneys, and such other persons who are in active 4 concert or participation or in privity with any of them who receive actual notice of 5 this Judgment and Permanent Injunction by personal service or otherwise: 6 a. Shall be permanently restrained and enjoined from infringing, by 7 any means, directly or indirectly, any exclusive rights under the Copyright Act in 8 the Copyrighted Works. 9 b. Shall cease all operation of the Dragon Box system and 10 shutdown the Dragon Box system entirely, including without limitation services 11 related to BlendTV and My TV Hub within five (5) days of entry of this Stipulated 12 Judgment and Permanent Injunction. 13 c. Shall be further enjoined from operating any website, system, 14 software, or service that is substantially similar to the Dragon Box service. 15 d. Shall be further enjoined from operating any website, system, 16 software, or serve that is substantially similar to BlendTV or My TV Hub. 17 e. Shall not directly or indirectly take any additional steps to release 18 publicly, distribute, transfer, or give any source code, object code, other technology, 19 domain names, trademarks, brands, assets or goodwill in any way related to West 20 Coast Dragon Box Inc. and the Dragon Box service. 21 4. This Permanent Injunction shall not apply to any uses of the 22 Copyrighted Works for which Defendants have obtained a written license from the 23 appropriate entity that owns or controls the rights to such work, for the use of the 24 work at issue, to the extent the license remains in force and valid 25 5. Defendants irrevocably and fully waive notice of entry of the Judgment 26 and Permanent Injunction, and notice and service of the entered Judgment and 27 Permanent Injunction, and understand and agree that violation of the Judgment and 28 -3- 1 Permanent Injunction will expose Defendant to all penalties provided by law, 2 including for contempt of Court. 3 6. All claims and defenses in this action with respect to Defendants are 4 hereby resolved by this Stipulated Judgment and Permanent Injunction. 5 7. Defendants agree forthwith to give notice of this Judgment and 6 Permanent Injunction to each of their officers, directors, agents, servants, 7 employees, assigns, partners, owners, alter egos, affiliates, all entities through which 8 he conducts business, representatives, successors, licensees, and all those acting in 9 concert or participation with each or any of them. 10 8. Defendants consent to continuing jurisdiction of the Court for purposes 11 of enforcement of the Judgment and Permanent Injunction, and irrevocably and fully 12 waive and relinquish any argument that venue or jurisdiction by this Court is 13 improper or inconvenient. The Court shall maintain continuing jurisdiction over this 14 action for the purpose of enforcing the final Judgment and Permanent Injunction. 15 9. Defendants irrevocably and fully waive any and all right to appeal the 16 Judgment and Permanent Injunction, to have it vacated or set aside, to seek or obtain 17 a new trial thereon, or otherwise to attack in any way, directly or collaterally, its 18 validity or enforceability. 19 10. Nothing contained in the Judgment and Permanent Injunction shall 20 limit the right of any Plaintiff to recover damages for any and all infringements by 21 Defendants of any Copyrighted Works occurring after the date the Defendants 22 execute this Stipulation and Judgment and Permanent Injunction. 23 11. Defendants acknowledge that they have read this Stipulation and 24 Judgment and Permanent Injunction and have had it explained by counsel of their 25 choosing, and fully understand it and agree to be bound thereby, and will not deny 26 the truth or accuracy of any term or provision herein. 27 28 -4- 1 12. Plaintiffs shall not be required to post any bond or security, and 2 Defendants permanently, irrevocably, and fully waive any right to request a bond or 3 any other security. 4 5 IT IS SO ORDERED. 6 7 DATED: January 29, 2019 8 9 10 11 HON. MICHAEL W. FITZGERALD UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -5-

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