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08-274 - UMG Recordings, Inc. et al v. Griffin

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08-274 - UMG Recordings, Inc. et al v. Griffin
November 24, 2008
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ORDER granting 8 Motion for Default Judgment.ORDERED the Plaintiffs Motion for entry of a default judgment against the Defendant (Dkt. No. 8) is GRANTED; and it is further ORDERED that the Clerk of the Court shall enter judgment in favor of the Plaintiffs and against the Defendant for the minimum statutory damages of $750 per infringed work, authorized under 17 U.S.C. ยง 504(c)(1), for each the nine copyrighted recordings, in the total sum of $6,750; and it is further ORDERED that the judgment in favor of Plaintiffs and against the Defendant shall include the following permanent injunctive relief:Defendant shall be and hereby is enjoined from directly or indirectly infringing Plaintiffs' rights under federal or state law in the sound recordings listed in this orderand in any other copyrighted 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 Defendants possession, custody, or control; and it is further ORDERED that Plaintiffs may recover the costs incurred pursuant to this action if they submit documentation supporting their request within ten (10) days of the date of the Order. Signed by Senior Judge Lawrence E. Kahn on 11/24/08. (sas)