Case 2:16-cv-07210-AB-E Document 22 Filed 09/01/17 Page 1 of 10 Page ID #:103

6

Peter I. Ostroff, SBN 45718
postroff@sidley.com
Rollin A. Ransom, SBN 196126
rransom@sidley.com
Charlie J. Sarosy, SBN 302439
csarosy@sidley.com
SIDLEY AUSTIN LLP
555 West Fifth Street, Suite 4000
Los Angeles, California 90013
Telephone: +1 213 896-6000
Facsimile: +1 213 896-6600

7

Attorneys for Plaintiffs

8

[Additional counsel on signature page]

1
2
3
4
5

9

UNITED STATES DISTRICT COURT

10
11
12
13
14
15
16
17
18

CENTRAL DISTRICT OF CALIFORNIA
UMG RECORDINGS, INC.; CAPITOL
RECORDS, LLC; WARNER BROS.
RECORDS INC.; WARNER MUSIC
LATINA INC.; SONY MUSIC
ENTERTAINMENT; SONY MUSIC
ENTERTAINMENT US LATIN LLC;
ARISTA RECORDS LLC; ATLANTIC
RECORDING CORPORATION;
ELEKTRA ENTERTAINMENT
GROUP INC.; FUELED BY RAMEN,
LLC; KEMOSABE RECORDS LLC;
LAFACE RECORDS LLC;
NONESUCH RECORDS INC.; WEA
INTERNATIONAL INC.; ZOMBA
RECORDING LLC,

19
Plaintiffs,

20
21

v.

22
23

PMD TECHNOLOGIE UG d/b/a
YouTube-mp3; PHILIP MATESANZ;
and DOES 1-10,

24

Defendants.

25

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

Case No. 2:16-cv-07210-AB-E
STIPULATION FOR ENTRY OF
FINAL JUDGMENT AND
PERMANENT INJUNCTION
[PROPOSED] FINAL JUDGMENT
AND PERMANENT INJUNCTION
filed concurrently herewith

26
27
28
STIPULATION FOR ENTRY OF FINAL JUDGMENT AND PERMANENT INJUNCTION

 Case 2:16-cv-07210-AB-E Document 22 Filed 09/01/17 Page 2 of 10 Page ID #:104

1

Plaintiffs UMG Recordings, Inc.; Capitol Records, LLC; Warner Bros. Records

2

Inc.; Warner Music Latina Inc.; Sony Music Entertainment; Sony Music

3

Entertainment US Latin LLC; Arista Records LLC; Atlantic Recording Corporation;

4

Elektra Entertainment Group Inc.; Fueled by Ramen, LLC; Kemosabe Records LLC;

5

LaFace Records LLC; Nonesuch Records Inc.; WEA International Inc.; and Zomba

6

Recording LLC (collectively, “Plaintiffs”), and defendants PMD Technologie UG and

7

Philip Matesanz (collectively, “Defendants”), by and through their counsel of record,

8

respectfully submit this Stipulation for Entry of Permanent Injunction with reference

9

to the following facts:

10

WHEREAS, Defendants own and operate a website known as “YouTube-mp3”

11

(the “YTMP3 Website”), which is located at the web address www.youtube-mp3.org;

12

WHEREAS, on September 26, 2016, Plaintiffs filed this action against

13

Defendants (the “Litigation”), alleging that the service that Defendants have offered at

14

the YTMP3 Website (the “YTMP3 Service”) is designed to infringe and facilitate the

15

infringement of Plaintiffs’ copyrighted sound recordings that are available on

16

YouTube, and asserting claims for direct copyright infringement, contributory

17

copyright infringement, vicarious copyright infringement, inducement of copyright

18

infringement, and circumvention of technological measures;

19

WHEREAS, the parties have reached a settlement of the claims asserted in the

20

Litigation, which settlement is documented in a confidential settlement agreement (the

21

“Settlement Agreement”);

22

WHEREAS, pursuant to the Settlement Agreement, the parties have agreed,

23

among other things, to stipulate to entry of a final judgment and permanent injunction

24

against Defendants on the terms set forth in this Stipulation;

25

NOW, THEREFORE, Plaintiffs and Defendants hereby stipulate as follows:

26

1.

Defendants, and each of them, are subject to the specific (but not general)

27

personal jurisdiction of the United States District Court for the Central District of

28

California (this “Court”) for purposes of enforcement of the Settlement Agreement,
1
STIPULATION FOR ENTRY OF FINAL JUDGMENT AND PERMANENT INJUNCTION

 Case 2:16-cv-07210-AB-E Document 22 Filed 09/01/17 Page 3 of 10 Page ID #:105

1

and for entry and enforcement of the [Proposed] Final Judgment and Permanent

2

Injunction filed concurrent herewith, a copy of which is attached hereto as Exhibit A

3

(as entered by the Court in that form, the “Final Judgment and Permanent

4

Injunction”). Defendants forever waive and forgo any objection or challenge to the

5

Court’s exercise of personal jurisdiction over them for these purposes and/or the

6

Court’s exercise of subject matter jurisdiction over this Litigation for these purposes

7

(but reserve those objections if and only if the Final Judgment and Permanent

8

Injunction is not entered pursuant to this Stipulation).

9

2.

The Court shall enter judgment against Defendants and issue a permanent

10

injunction against Defendants on the terms set forth in the Final Judgment and

11

Permanent Injunction. Defendants irrevocably and fully waive notice of entry of the

12

Final Judgment and Permanent Injunction, and notice and service of the Final

13

Judgment and Permanent Injunction as and when entered, and understand and agree

14

that violation of the Final Judgment and Permanent Injunction will expose Defendants

15

to all penalties provided by law, including for contempt of Court. Defendants further

16

irrevocably and fully waive any and all right to appeal the Final Judgment and

17

Permanent Injunction, to have it vacated, modified or set aside, to seek or obtain a

18

new trial thereon, or otherwise to attack in any way, directly or collaterally, its validity

19

or enforceability.

20

3.

The Court shall retain jurisdiction to enforce the Final Judgment and

21

Permanent Injunction and the Settlement Agreement. Defendants consent to the

22

continuing jurisdiction of the Court for purposes of enforcement of the Final

23

Judgment and Permanent Injunction and the Settlement Agreement, and irrevocably

24
25
26
27
28
2
STIPULATION FOR ENTRY OF FINAL JUDGMENT AND PERMANENT INJUNCTION

 Case Document 22 Filed 09/01/17 Page 4 005(th 553%? ID #:106






1037/4?

and fully waive and relinquish any argument that venue or jurisdiction by this Court

for these purposes is improper or inconvenient.

Dated: August 21, 2017

Dated: August 21 2017

SIDLEY AUSTIN LLP

By: Rollin A. Ransom
Peter I. Ostroff
Rolhn A. Ransom
Charlie J. Sarosy

Attorneys for Plaintiffs

LINER LLP

By: Michael L. Novicoff
Michael L. Novicoff
Diana A. Sanders

Attorneys for Defendants

Acknowledged and agreed:
PMJ) TECHNOLOGIE UG PHILIP MATESAN 
By; Bar/131 Le. toga (432

 

 

 

Printed Name: map Harlem 071?

Title: Owner
Date: 95- 03- 

 

Date: 0c?- 

 

3

 

 

 

STIPULATION FOR ENTRY OF FINAL JUDGMENT AND PERMANENT INJUNCTION

 

Case Document 22 Filed 09/01/17 Page 5 of 10 Page ID #:107

EXHIBIT A

Case 2:16-cv-07210-AB-E Document 22 Filed 09/01/17 Page 6 of 10 Page ID #:108

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9
10
11
12
13
14
15
16
17

CENTRAL DISTRICT OF CALIFORNIA
UMG RECORDINGS, INC.; CAPITOL
RECORDS, LLC; WARNER BROS.
RECORDS INC.; WARNER MUSIC
LATINA INC.; SONY MUSIC
ENTERTAINMENT; SONY MUSIC
ENTERTAINMENT US LATIN LLC;
ARISTA RECORDS LLC; ATLANTIC
RECORDING CORPORATION;
ELEKTRA ENTERTAINMENT
GROUP INC.; FUELED BY RAMEN,
LLC; KEMOSABE RECORDS LLC;
LAFACE RECORDS LLC;
NONESUCH RECORDS INC.; WEA
INTERNATIONAL INC.; ZOMBA
RECORDING LLC,

18
Plaintiffs,

19
20

v.

21
22

PMD TECHNOLOGIE UG d/b/a
YouTube-mp3; PHILIP MATESANZ;
and DOES 1-10,

23

Defendants.

24

) Case No. 2:16-cv-07210-AB-E
)
)
) [PROPOSED] FINAL JUDGMENT
) AND PERMANENT INJUNCTION
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

25
26
27
28
[PROPOSED] FINAL JUDGMENT AND PERMANENT INJUNCTION

 Case 2:16-cv-07210-AB-E Document 22 Filed 09/01/17 Page 7 of 10 Page ID #:109

1

On the stipulation of Plaintiffs UMG Recordings, Inc.; Capitol Records, LLC;

2

Warner Bros. Records Inc.; Warner Music Latina Inc.; Sony Music Entertainment;

3

Sony Music Entertainment US Latin LLC; Arista Records LLC; Atlantic Recording

4

Corporation; Elektra Entertainment Group Inc.; Fueled by Ramen, LLC; Kemosabe

5

Records LLC; LaFace Records LLC; Nonesuch Records Inc.; WEA International Inc.;

6

and Zomba Recording LLC (collectively, “Plaintiffs”), and defendants PMD

7

Technologie UG and Philip Matesanz (collectively, “Defendants”), and good cause

8

showing, it is hereby ORDERED AND ADJUDGED AS FOLLOWS:

9
10
11

1.

Judgment is entered in favor of Plaintiffs and against Defendants on all

counts of the Complaint.
2.

Pursuant to Federal Rule of Civil Procedure 65(d), 28 U.S.C. § 1651, and

12

this Court’s inherent equitable powers, Defendants and their corporate parents and

13

subsidiaries, and their respective officers, agents, servants, and employees, and all

14

persons in active concert or participation with them who have actual knowledge of

15

this Final Judgment and Permanent Injunction by service, notice or otherwise

16

(including but not limited to any person or entity that hosts any servers through which

17

the service, or any aspect thereof, that Defendants offer or have ever offered at the

18

website located at www.youtube-mp3.org (the “YTMP3 Website”)), are hereby

19

permanently RESTRAINED and ENJOINED from the each following, anywhere in

20

the world:

21

a.

operating the YTMP3 Website, any service that Defendants offer

22

or have ever offered at YTMP3 Website (the “YTMP3 Service”), or any other

23

website or system that Defendants (or any of them) own or control, directly or

24

indirectly, that is substantially similar to the YTMP3 Service;

25

b.

directly or indirectly operating, assisting in, facilitating or

26

supporting the YTMP3 Service or any part thereof, including without limitation

27

engaging in any of the following activities, except as otherwise expressly

28

agreed in writing by Plaintiffs: (i) operating or assisting in the operation of any
1
[PROPOSED] FINAL JUDGMENT AND PERMANENT INJUNCTION

 Case 2:16-cv-07210-AB-E Document 22 Filed 09/01/17 Page 8 of 10 Page ID #:110

1

computers, servers, or software that in any manner assist in or support the

2

operation of the YTMP3 Service, (ii) any use of any domain that includes the

3

term “youtube-mp3,” or any substantially or confusingly similar terms, or (iii)

4

in any way profiting or benefitting from the YTMP3 Service;

5

c.

directly or indirectly, in any manner whatsoever, using, exploiting,

6

selling, licensing, leasing, assigning, loaning, bartering, transferring, conveying,

7

hypothecating, encumbering, pledging, or distributing, for consideration or

8

otherwise, any hardware, software, source code, technology, intellectual

9

property, or goodwill related to or associated with the YTMP3 Service,

10
11

including but not limited to the name “youtube-mp3”;
d.

knowingly designing, developing, offering, or operating any

12

technology or service that allows or facilitates the practice commonly known as

13

“streamripping,” or knowingly causing, enabling, facilitating, encouraging,

14

promoting, inducing, or participating in the design, development, offering, or

15

operating of any such technology or service by any person or entity in any

16

manner that would be contrary to the federal and/or any state law of the United

17

States of America if conducted in the United States of America, regardless of

18

where such activity is conducted;

19

e.

otherwise knowingly infringing, knowingly causing to be

20

infringed, or knowingly enabling, facilitating, encouraging, promoting,

21

inducing, or participating in the infringement of, any copyright owned or

22

controlled by any of the Plaintiffs; and

23

f.

with respect to Plaintiffs and/or any of their direct or indirect

24

record company affiliates, domestic and foreign, and the respective

25

predecessors, successors, assigns, and representatives of the foregoing

26

(collectively, the “Plaintiff Affiliated Entities”), knowingly circumventing,

27

knowingly causing to circumvent, or knowingly enabling, encouraging,

28

promoting, inducing, or participating in the circumvention of, any technological
2
[PROPOSED] FINAL JUDGMENT AND PERMANENT INJUNCTION

 Case 2:16-cv-07210-AB-E Document 22 Filed 09/01/17 Page 9 of 10 Page ID #:111

1

measure that effectively controls access to and prevents copying of Plaintiff

2

Affiliated Entities’ works protected by the U.S. Copyright Act and/or the

3

copyright law of any other jurisdiction, whether now in existence or hereafter

4

created, and/or that effectively protects the rights of the Plaintiff Affiliated

5

Entities under the U.S. Copyright Act and/or the copyright law of any other

6

jurisdiction.

7

3.

Pursuant to Federal Rule of Civil Procedure 65(d), 28 U.S.C. § 1651, and

8

this Court’s inherent equitable powers, and in order to give practical effect to the

9

foregoing injunction, all persons in active concert or participation with Defendants or

10

their officers, agents, servants, or employees, who have actual knowledge of this

11

Order by service, notice or otherwise (including without limitation any domain name

12

registrars and registries, such as Mesh Digital Limited), are hereby permanently

13

RESTRAINED and ENJOINED from allowing the continued use by anyone other

14

than Plaintiffs, or the transfer to any person other than Plaintiffs, of the domain name

15

www.youtube-mp3.org. Defendants are ordered to transfer the domain name

16

www.youtube-mp3.org to the Plaintiff identified in, and in accordance with the terms

17

of, the confidential Settlement Agreement among the parties (“Settlement

18

Agreement”). To the extent that Defendants or those in active concert or participation

19

with them fail to comply with this Order, then in addition to any other recourse or

20

remedy that Plaintiffs may have for breach of the Settlement Agreement and violation

21

of this Order, any and all registrars and registries for the domain youtube-mp3.org

22

shall promptly, within not more than twenty-four (24) hours, disable the youtube-

23

mp3.org domain, through a registry hold or otherwise, and prevent its transfer to

24

anyone other than Plaintiffs, and further shall, within thirty (30) days of receipt of

25

notice of this Order, change the Registrar of Record for the youtube-mp3.org domain

26

to a Registrar of Plaintiffs’ choosing.

27
28

4.

Defendants shall make the settlement payment required by the Settlement

Agreement in accordance with the terms of the Settlement Agreement, and the parties
3
[PROPOSED] FINAL JUDGMENT AND PERMANENT INJUNCTION

 Case 2:16-cv-07210-AB-E Document 22 Filed 09/01/17 Page 10 of 10 Page ID #:112

1
2
3
4

shall otherwise bear their own fees and costs.
5.

This Final Judgment and Permanent Injunction is a final judgment for

purposes of disposition of this action.
6.

The Court shall maintain continuing jurisdiction over this action and the

5

parties for the purpose of enforcing this Final Judgment and Permanent Injunction

6

and for the purpose of enforcing the parties’ Settlement Agreement.

7

7.

Defendants shall give notice of this Final Judgment and Permanent

8

Injunction to each of their officers, directors, agents, servants, employees, assigns,

9

subsidiaries, partners, owners, alter egos, affiliates, all entities through which they

10

conduct business, representatives, successors, heirs, trustees, conservators, licensees,

11

and all those acting in active concert or participation with or aiding and abetting the

12

Defendants.

13

8.

Plaintiffs are not required to post any bond or security in connection with

14

the Permanent Injunction, and Defendants permanently, irrevocably, and fully waive

15

any right to request a bond or any other security.

16
17
18

IT IS SO ORDERED.

19

Date: _________________

______________________________
United States District Judge

20
21
22
23
24
25
26
27
28
4

[PROPOSED] FINAL JUDGMENT AND PERMANENT INJUNCTION