1 Although Braxton L. Kittrell, Jr., has not filed a

notice of appearance in this action, he signed the Stipulation

as counsel for Defendant Nancy Whitten.

IN THE UNITED STATES DISTRICT COURT FOR THE

SOUTHERN DISTRICT OF ALABAMA

SOUTHERN DIVISION

MOTOWN RECORD COMPANY, L.P., :

a California limited partner- :

ship; BMG MUSIC, a New York :

general partnership; ELEKTRA :

ENTERTAINMENT GROUP INC., :

a Delaware corporation; :

PRIORITY RECORDS LLC, a :

California limited liability :

company; and UMG RECORDINGS, : 

INC., a Delaware Corporation, :

 :

Plaintiffs, :

 :

vs. : CIVIL ACTION 05-0374-BH-M

 :

NANCY WHITTEN, :

 :

Defendant. :

JUDGMENT AND PERMANENT INJUNCTION BASED ON STIPULATION

On September 30, 2005, the parties filed a Stipulation to

Judgment and Permanent Injunction (Doc. 7), signed by counsel

for all parties.1 The Court, having considered the Stipulation

to Judgment and Permanent Injunction executed by the parties, it

is ORDERED 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

Case 1:05-cv-00374-BH-M Document 8 Filed 10/18/05 Page 1 of 4
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 $4,200.00.

 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 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

Case 1:05-cv-00374-BH-M Document 8 Filed 10/18/05 Page 2 of 4
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 contempt of Court.

Case 1:05-cv-00374-BH-M Document 8 Filed 10/18/05 Page 3 of 4
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.

DONE this 18th day of October, 2005.

 

 s/ W. B. HAND

SENIOR DISTRICT JUDGE

Case 1:05-cv-00374-BH-M Document 8 Filed 10/18/05 Page 4 of 4