IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF ALABAMA

SOUTHERN DIVISION

ATLANTIC RECORDING CORPORATION, )

a Delaware corporation; SONY BMG MUSIC )

ENTERTAINMENT, a Delaware general )

partnership; UMG RECORDINGS, INC., )

a Delaware corporation; ARISTA RECORDS LLC, )

a Delaware limited liability company; CAPITOL )

RECORDS, INC., a Delaware corporation; and )

BMG MUSIC, a New York general partnership )

)

Plaintiffs, )

)

v. ) Civil Action No.: 05-370-BH-M

)

KAREN BAGGETT )

)

Defendant. )

ORDER AND JUDGMENT

The Court, having considered the joint Stipulation to Judgment and Permanent Injunction

(Doc. 11) executed by the parties, 

IT IS HEREBY 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 $8,700.00.

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

process fee) in the amount of $300.00.

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

Plaintiffs' rights under federal or state law in the Copyrighted Recordings and in any sound

recording, whether now in existence or later created, that is owned or controlled by Plaintiffs (or any

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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 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

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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.

SO ORDERED AND ADJUDGED, this the 8th day of December, 2005.

CLERK IS ORDERED TO CLOSE THIS CASE.

s/ W. B. Hand

SENIOR DISTRICT JUDGE

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