Opinion
CV No. 04-CV1682-HU.
April 18, 2005
Kenneth R. Davis, II, William T. Patton, LANE POWELL PC, Portland, Oregon, SONY BMG MUSIC ENTERTAINMENT; BMG MUSIC; VIRGIN RECORDS AMERICA, INC.; CAPITOL RECORDS, INC.; and FONOVISA, INC., Attorneys for Plaintiffs.
[PROPOSED] DEFAULT JUDGMENT AND PERMANENT INJUNCTION
Based upon Plaintiffs' Application For Default Judgment By The Court, and good cause appearing therefor, it is hereby Ordered and Adjudged that:
1. Defendant shall pay damages to Plaintiffs for infringement of Plaintiffs' copyrights in the sound recordings listed in Exhibit A to the Complaint, in the total principal sum of Three Thousand Seven Hundred and Fifty Dollars ($3,750.00).
2. Defendant shall pay Plaintiffs' costs of suit herein in the amount of Two Hundred Seventeen Dollars and Fifty Cents ($217.50).
3. Defendant shall be and hereby is enjoined from directly or indirectly infringing Plaintiffs' rights under federal or state law in the following copyrighted sound recordings:
"Un Indio Quiere Llorar," on album "Casimira," by artist "Banda Machos" (SR# 144-611);
"I Don't Know You Anymore," on album "Affirmation," by artist "Savage Garden" (SR# 276-120);
"Everything's Changed," on album "Lonely Grill," by artist "Lonestar" (SR# 187-003);
"Say You'll Be There," on album "Spice," by artist "Spice Girls" (SR# 201-276);
"A Quien Le Importa," on album "Thalia," by artist "Thalia" (SR# 317-586);
and in any other sound recording, whether now in existence or later created, that is owned or controlled by the Plaintiffs (or any parent, subsidiary, or affiliate record label of Plaintiffs) ("Plaintiffs' Recordings"), including without limitation by using the Internet or any online media distribution system to reproduce (i.e., download) any of Plaintiffs' Recordings, to distribute (i.e., upload) any of Plaintiffs' Recordings, or to make any of Plaintiffs' Recordings available for distribution to the public, except pursuant to a lawful license or with the express authority of Plaintiffs. Defendant also shall destroy all copies of Plaintiffs' Recordings that Defendant has downloaded onto any computer hard drive or server without Plaintiffs' authorization and shall destroy all copies of those downloaded recordings transferred onto any physical medium or device in Defendant's possession, custody, or control.