Dallas Buyers Club, LLC v. Does 1-10

Filing 15

ORDER by Judge Richard A Jones re Motions for Permanent Injunction. The court DENIES all of the stipulated motions for permanent injunction. This order applies to motions in the following cases: Case No. C14-1153, Dkt. # 14 ; Case No. C14-1336, Dkt. # 14 ; and Case No. C14-1402 Dkt. ## 12, 14. (LMK)

HONORABLE RICHARD A. JONES

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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IN RE COPYRIGHT INFRINGEMENT
ACTIONS BROUGHT BY DALLAS
BUYERS CLUB, LLC,

CASE NOS. C14-1153RAJ, C141336RAJ, C14-1402RAJ, C141684RAJ
ORDER

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In each of the above-captioned actions, the copyright holder for the motion picture

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Dallas Buyers Club has sued a collection of John Doe Defendants for unlawfully copying

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or distributing electronic copies of the motion picture using peer-to-peer file sharing

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services on the internet.

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Plaintiff initially was unable to name any of the Defendants because it could

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identify them only by the internet protocol (“IP”) addresses that they used to copy or

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distribute the motion picture. After issuing subpoenas to various internet service

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providers, Plaintiff has now identified at least some of the John Doe Defendants, and

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some of them have reached settlement agreements with Plaintiff.

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Four of those Defendants have agreed to a permanent injunction. A permanent

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injunction typically comes after or in conjunction with a judgment against the enjoined

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party. There will be no judgment as to these four Defendants, because each of them

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expressly denies liability in the stipulation incorporated in the proposed injunction. The

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parties also insist that the court enjoin these Defendants even though they will not reveal

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the name of the Defendant or where he or she resides. At least two of the proposed

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injunctions would enjoin not only an unknown person in an unknown location, but also

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ORDER – 1

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unidentified persons “acting in concert” with him or her. Moreover, the injunctive

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portion of each stipulated injunction consists of an agreement to abide by the law

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protecting Plaintiff’s motion picture and to destroy any copy of that motion picture still in

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the Defendant’s possession. No injunction admits that such a copy exists.

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None of the motions suffice to establish a basis for the entry of a permanent

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injunction. Indeed, none of them mention the standard for imposition of a permanent

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injunction. The court encourages the resolution of disputes, but the court declines to affix

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its imprimatur to an injunction order (which comes with the consequence of civil

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contempt for violations) under these circumstances. The court will not enjoin parties

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unknown to it, it will not enter a permanent injunction absent a judgment unless the

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parties cite authority permitting the court to do so, and it will not enter an injunction that

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has no effect other than to require the parties to follow the law.

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The court DENIES all of the stipulated motions for permanent injunction. This

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order applies to the following motions: Case No. C14-1153, Dkt. # 14; Case No. C14-

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1336, Dkt. # 14; and Case No. C14-1402 Dkt. ## 12, 14.

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DATED this 6th day of November, 2014.

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A

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The Honorable Richard A. Jones
United States District Court Judge

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ORDER – 2