Opinion
Case No.: C-02-1955 SI.
August 26, 2004
KEKER VAN NEST, LLP, San Francisco, CA, MICHAEL H. PAGE, Attorneys for Plaintiff/Counterclaim Defendants and for Intervenor Larry Davis.
MITCHELL SILBERBERG KNUPP LLP, Los Angeles, CA, Russell Frackman, Patricia H. Benson, Attorneys for Defendants/Counterclaimants.
STIPULATION FOR ENTRY OF FINAL JUDGMENT AND ORDER THEREON
The parties to this action, by and through their undersigned counsel, hereby stipulate to entry of Judgment according to the following terms.
1. 321 Studios a/k/a Terr LLC, Robert Moore, and Robert Semaan and their assigns, successors, servants, employees, officers, directors (the "321 Parties"), are permanently enjoined and restrained from manufacturing, importing, exporting, activating, offering to the public, providing customer service in support of, marketing any product to consumers for use with, authorizing the use of, linking to, providing or otherwise trafficking in, or aiding or abetting in any of the above conduct, whether in the United States or abroad: DVD X Copy Platinum, DVD X Copy Gold, DVD X Copy Xpress, DVD X Copy, DVD Copy Plus, DVD Rescue, SmartRipper, CladDVD, DeCSS, or functionally equivalent applications.
2. Judgment shall be entered in favor of Defendants and against the 321 Parties on Claim One of the 321 Parties' First Amended Complaint for Declaratory Relief and in favor of Counterclaimants and against the 321 Parties on Counterclaimants' Counterclaim, in accordance with the Court's Order Granting Defendants' Motion For Partial Summary Judgment and Resolving Related Motions dated February 19, 2004.
3. Claim Two of the 321 Parties' First Amended Complaint shall be dismissed with Prejudice.
4. Intervenor Larry Davis' Complaint In Intervention shall be dismissed with prejudice.
5. Each party shall bear his or its own attorneys fees and costs.
ORDER
Pursuant to Stipulation of the Parties and this Court's Order Granting Defendants' Motion For Partial Summary Judgment and Resolving Related Motions dated February 19, 2004, IT IS HEREBY ORDERED AND ADJUDGED as follows:
1. 321 Studios a/k/a Terr LLC, Robert Moore, and Robert Semaan and their assigns, successors, servants, employees, officers, directors (the "321 Parties"), are permanently enjoined and restrained from manufacturing, importing, exporting, activating, offering to the public, providing customer service in support of, marketing any product to consumers for use with, authorizing the use of, linking to, providing or otherwise trafficking in, or aiding or abetting in any of the above conduct, whether in the United States or abroad: DVD X Copy Platinum, DVD X Copy Gold, DVD X Copy Xpress, DVD X Copy, DVD Copy Plus, DVD Rescue, SmartRipper, CladDVD, DeCSS, or functionally equivalent applications.
2. Judgment is entered in favor of Defendants and against the 321 Parties on Claim One of the 321 Parties' First Amended Complaint for Declaratory Relief and in favor of Counterclaimants and against the 321 Parties on Counterclaimants' Counterclaim, in accordance with the Court's Order Granting Defendants' Motion For Partial Summary Judgment and Resolving Related Motions dated February 19, 2004.
3. Claim Two of the 321 Parties' First Amended Complaint is dismissed with Prejudice.
4. Intervenor Larry Davis' Complaint In Intervention is dismissed with prejudice.
5. Each party shall bear his or its own attorneys fees and costs.