IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

WARNER BROS. RECORDS INC., a )

Delaware corporation; CAPITOL RECORDS, )

INC., a Delaware corporation; UMG )

RECORDINGS, INC., a Delaware )

corporation; and SONY BMG MUSIC )

ENTERTAINMENT, a Delaware general )

partnership, )

)

Plaintiffs, )

)

v. ) CASE NO.: 2:06-cv-632-WKW

)

BETH HUDGENS, )

)

Defendant. )

FINAL JUDGMENT AND PERMANENT INJUNCTION

BASED ON STIPULATION

Having considered the Stipulation to Judgment and Permanent Injunction (Doc. # 5)

executed by the parties,

It is ORDERED AND ADJUDGED that:

1. Plaintiffs have alleged that Defendant distributed (including by uploading) and/or

reproduced (including by downloading) via the Internet or an online media distribution system

copyrighted sound recordings owned or controlled by the Plaintiffs, without Plaintiffs’

authorization, in violation of 17 U.S.C. § 501. Without admitting or denying liability, Defendant

has not contested plaintiffs' allegations, and has acknowledged that such conduct is wrongful.

2. Defendant shall pay to Plaintiffs in settlement of this action the sum of $4080.00.

3. Defendant shall pay Plaintiffs’ costs of suit (complaint filing fee and service of

process fee) in the amount of $420.00.

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4. Defendant shall be and hereby is enjoined from directly or indirectly infringing

Plaintiffs’ rights under federal or state law in any sound recording, whether now in existence or

later created, that is owned or controlled by Plaintiffs (or any parent, subsidiary, or affiliate

record label of Plaintiffs) (“Plaintiffs’ Recordings”), including without limitation by:

 (a) 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; or

 (b) causing, authorizing, permitting, or facilitating any third party to access

the Internet or any online media distribution system through the use of an Internet

connection and/or computer equipment owned or controlled by Defendant, 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 and/or any third

party that has used the Internet connection and/or computer equipment owned or controlled by

Defendant has downloaded without Plaintiffs’ authorization onto any computer hard drive or

server owned or controlled by Defendant, and shall destroy all copies of those downloaded

recordings transferred onto any physical medium or device in Defendant's possession, custody, or

control. 

5. Defendant irrevocably and fully waives notice of entry of the Judgment and

Permanent Injunction, and understands and agrees that violation of the Judgment and Permanent

Injunction will expose Defendant to all penalties provided by law, including for contempt of

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Court.

6. Defendant irrevocably and fully waives any and all right to appeal this Judgment

and Permanent Injunction, to have it vacated or set aside, to seek or obtain a new trial thereon, or

otherwise to attack in any way, directly or collaterally, its validity or enforceability.

7. Nothing contained in the Judgment and Permanent Injunction shall limit the right

of Plaintiffs to recover damages for any and all infringements by Defendant of any right under

federal copyright law or state law occurring after the date Defendant executes the Stipulation to

Judgment and Permanent Injunction. 

8. Defendant shall not make any public statements that are inconsistent with any

term of the Stipulation to Judgment and Permanent Injunction.

9. The Court shall maintain continuing jurisdiction over this action for the purpose

of enforcing this final Judgment and Permanent Injunction.

It is further ORDERED that this action is DISMISSED with prejudice. The Clerk of the

Court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to

Rule 58 of the Federal Rules of Civil Procedure.

DONE this the 4th day of October, 2006.

 /s/ W. Keith Watkins 

UNITED STATES DISTRICT JUDGE

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