WARNER BROS. RECORDS INC. et al v. DOES 1-2
| BMG MUSIC, WARNER BROS. RECORDS INC., VIRGIN RECORDS AMERICA, INC., CAPITOL RECORDS, INC., UMG RECORDINGS, INC. and SONY BMG MUSIC ENTERTAINMENT |
| DOES 1-2 |
| 1:2007cv00287 |
| October 18, 2007 |
| US District Court for the Western District of Pennsylvania |
| Erie Office |
| Crawford |
| Sean J. McLaughlin |
| Copyright |
| 17 U.S.C. ยง 501 Copyright Infringement |
| None |
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Filing
42
ORDER granting 25 Plaintiffs' Motion for Summary Judgment. AND NOW, this 31st day of March, 2010, and for the reasons set forth in the accompanying Memorandum Opinion, IT IS HEREBY ORDERED that Plaintiffs Motion for Summary Judgment is GRANTE D and this action is DISMISSED. Judgment is entered in favor of Plaintiffs and against Defendant in the amount of $14,600 representing the total of the minimum statutory damages in the amount of $14,250 and costs in the amount of $350 . IT IS FURTHER ORDERED that the following permanent injunction shall be entered against Defendant: Defendant is hereby enjoined from infringing Plaintiffs' rights under federal law in the Copyrighted Recordings, including without limitation by using Internet or any online media distribution system to reproduce (i.e., download) any of Plaintiffs' Copyrighted Recordings, to distribute (i.e., upload) any of Plaintiffs' Copyrighted Recordings, or to make any of Plaintiffs' Copy righted 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 an y 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. Signed by Judge Sean J. McLaughlin on 3/31/10. (jdg)
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Filing
6
ORDER re 2MOTION for Discovery Ex Parte Application for Leave to Take Immediate Discovery; HEREBY ORDERED that Plaintiffs may serve immediate discovery on Allegheny College to obtain the identity of each Doe Defendant by serving a Rule 45 subpoena that seeks documents that identify each Doe Defendant, including the name, current (and permanent) addresses and telephone numbers, e-mail addresses, and Media Access Control addresses for each Defendant. The disclosure of this information is ordere d pursuant to 20 U.S.C. § 1232g(b)(2)(B). Plaintiffs shall serve upon Allegheny College a copy of this Courts order along with the subpoena. Allegheny College shall have until November 16, 2007 to (1) notify the Doe Defendants that it intends t o disclose the requested ISP identifying information to Plaintiffs; and (2) to send the Doe Defendants a copy of the subpoena and this Courts order, via electronic means or otherwise.If Allegheny College or the Doe Defendants wish to move to quash th e subpoena, they must do so by filing a motion in this Court on or before December 3, 2007.The information disclosed to Plaintiffs in response to the Rule 45 subpoena will be used by Plaintiffs solely for the purpose of protecting their rights under the Copyright Act. Signed by Judge Sean J. McLaughlin on 10/25/07. (nk)
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