1. Defendants, their officers, agents, servants, and employees, and all persons in active concert or participation with them, are permanently enjoined from:
a. infringing, by any means, any of plaintiffs' exclusive rights under the Copyright Act in plaintiffs' copyrighted audiovisual or audio works or any element thereof or derivative work based on those audiovisual or audio works (collectively "Plaintiffs' Works"), including, but not limited to, through the direct or indirect transmission (whether through "streaming" or otherwise) of Plaintiffs' Works into the United States via the iCraveTV.com site or any other Internet site or any online facility of any kind without the prior written consent of the relevant copyright owner(s); and
b. infringing any of plaintiffs' trademarks or trade names, or otherwise making any false designation of origin or false representation with regard to sponsorship or authorization of any defendant by any plaintiff.
2. Defendants shall file and serve on plaintiffs a report within 10 days after the entry of this Permanent Injunction setting forth in detail the manner in which defendants are complying with this Permanent Injunction.
3. If, after the date of this Permanent Injunction, defendants engage in any Internet or other online transmission (whether originating in Canada or elsewhere) of Plaintiffs' Works without the prior written consent of the relevant copyright owner(s), they shall:
a. file and serve, within 10 calendar days of commencing such transmissions, and every 60 days thereafter, a compliance report setting forth a detailed update about the manner in which defendants are complying with the Permanent Injunction;
b. use generally-accepted methods to log all successful requests (and if practicable all failed requests) to log onto such transmissions or onto a Web site that permits access to such transmissions;
c. maintain logs of all requests made to any blocking or screening software, and of all responses by such software, to the extent reasonably practicable;
d. maintain logs relating to any system restricting access based on usernames and/or passwords, including all information provided by persons seeking to obtain access, all responses to such requests, and information sufficient to identify particular usernames in any server log files, all to the extent reasonably practicable;
e. provide plaintiffs, on request, on a weekly basis for the first two months after commencing such transmissions, and on a monthly basis thereafter, with copies of the server logs and other data described in ¶ 3(b)-(d) above in a readily usable format reasonably specified by plaintiffs, provided that plaintiffs shall use any information supplied under this ¶ 3(b)-(e) hereof solely for purposes of monitoring compliance with this Permanent Injunction and shall limit access to that information to persons with a need to review it for purposes of assessing compliance with this Permanent Injunction or the Agreement contemporaneously entered into by the parties.
4. The bond posted by plaintiffs in connection with the Temporary Restraining Order and Preliminary Injunction is hereby released. This Permanent Injunction supersedes the three-page Order of Court entered on February 8, 2000. Nothing herein shall have the effect of altering any other order or ruling made by the Court.
5. The requirements of ¶ 3 shall remain in force for two years from the date on which defendants commence the activities described in ¶ 3, not counting any period(s) during which defendants cease such activities. If plaintiffs contend that the requirements of ¶ 3 should remain in place after that date, they shall consult with defendants about stipulating to a possible modification of this Permanent Injunction. If the parties do not agree to such a stipulation, plaintiffs may move for an extension of the requirements of ¶ 3 for good cause shown.
6. If defendants contend that the provision of any data described in ¶ 3 would implicate an applicable legal restriction relating to privacy, they shall consult with plaintiffs about appropriate steps to address that issue. If the parties do not reach agreement about the matter, defendants may move for a modification of this Permanent Injunction for good cause shown.
7. The Court shall retain jurisdiction over this matter for purposes of enforcing and applying this Permanent Injunction and the Agreement contemporaneously entered into by the parties, including but not limited to ¶¶ 1-6 of this Permanent Injunction and the relevant provisions of the Agreement, including, solely by way of example, enforcement of the limitations on conduct set forth in ¶ 2 of the Agreement and making the determinations contemplated by ¶¶ 7(a)(1)-(2) and 7(b)(1)-(2) of the Agreement if so requested by any or all of the parties.
SO ORDERED this _____ day of ________________, 2000.
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United States District Judge
