LOS ANGELES TIMES, and the WASHINGTON POST COMPANY and
its wholly-owned subsidiary, WASHINGTONPOST.NEWSWEEK INTERACTIVE COMPANY,
Plaintiffs, v. FREE REPUBLIC, ELECTRONIC ORCHARD, JIM
ROBINSON, and DOES 1 THROUGH 10, inclusive, Defendants.
Case No. 98-7840 MMM(AJWx)
UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF
CALIFORNIA
2000 U.S. Dist. LEXIS 20484; 56 U.S.P.Q.2D (BNA) 1862; 29
Media L. Rep. 1028
November 14, 2000, Decided November 16, 2000, Filed; November 17, 2000, Entered
COUNSEL: [*1] For LOS ANGELES TIMES, WASHINGTON POST
COMPANY, WASHINGTON NEWSWEEK INTERACTIVE COMPANY, plaintiffs: Rex S Heinke,
Greines Martin Stein & Richland, Beverly Hills, CA.
For WASHINGTON POST COMPANY, plaintiff: Heather L Wayland, Greines
Martin Stein & Richland, Beverly Hills, CA.
For JIM ROBINSON, FREE REPUBLIC, ELECTRONIC ORCHARD, defendants: Brian
L Buckley, Brian L Buckley Law Offices, Los Angeles, CA.
JUDGES: Honorable Margaret M. Morrow, United States District
Judge.
OPINIONBY: Margaret M. Morrow
OPINION:FINAL JUDGMENT
It appearing to the Court that Plaintiffs Los Angeles Times, The
Washington Post Company, and Washingtonpost.Newsweek Interactive Company
(collectively "Plaintiffs"), and Defendants Free Republic, Electronic Orchard
and James C. Robinson, by and through their authorized representatives, have
entered into a Stipulation for Entry of Final Judgment, which Stipulation is
incorporated by this reference, consenting to the entry of this Final Judgment,
and good cause appearing therefore:
1. The Court finds
that the Plaintiffs having no "adequate legal remedy" other than a permanent
injunction to protect them against further acts of copyright infringement by the
three [*2] named Defendants (Free Republic, Electronic Orchard and
James C. Robinson), and good cause appearing therefore, IT IS HEREBY ORDERED
that the three named Defendants (Free Republic, Electronic Orchard and James C.
Robinson), and each of their officers, agents, representatives, alter egos,
shareholders, partners, joint ventures, heirs, executors, administrators, parent
entities, affiliates, subsidiaries, divisions, legal predecessors, successors,
assigns, licensees, and any and all persons acting in concert therewith or
participating with them who receive actual notice of this order, are permanently
enjoined and restrained from any further:
(A) copying,
posting, uploading, downloading, republishing, distributing, displaying, using,
transferring, retaining, or archiving any of Plaintiffs' copyrighted works;
(B) encouraging others (including without limitation
subscribers, members, users, and/or visitors) to copy, post, upload, download,
republish, distribute, display, use, transfer, retain, or archive any of
Plaintiffs' copyrighted works;
(C) operating or
controlling any website, bulletin board service, listserv, and/or user group
that copies, posts, uploads, downloads, republishes, [*3]
distributes, displays, uses, transfers, retains, or archives any of Plaintiffs'
copyrighted works unless the website, bulletin board service, listserv, and/or
user group has Plaintiffs' express permission to do so or advertising, promoting
(including without limitation through banner ads) or linking with any website,
bulletin board service, listserv, and/or user group that copies, posts, uploads,
downloads, republishes, distributes, displays, uses, transfers, retains, or
archives any of Plaintiffs' copyrighted works if they have actual knowledge that
or have been informed in writing by any Plaintiff that the website, bulletin
board service, listserv, and/or user group is violating any copyright of
Plaintiffs;
(D) operating or controlling any website,
bulletin board service, listserv, and/or user group that permits or allows
copying, posting, uploading, downloading, republication, distribution,
displaying, using, transferring, retaining, or archiving any of Plaintiffs'
copyrighted works by others (including without limitation subscribers, members,
users, and/or visitors) unless the website, bulletin board service, listserv,
and/or user group has Plaintiffs' express permission to do [*4] so,
or advertising, promoting (including without limitation through banner ads) or
linking with any website, bulletin board service, listserv, and/or user group
that copies, posts, uploads, downloads, republishes, distributes, displays,
uses, transfers, retains, or archives any of Plaintiffs' copyrighted works if
they have actual knowledge that or have been informed in writing by any
Plaintiff that the website, bulletin board service, listserv, and/or user group
is violating any copyright of Plaintiffs;
(E)
assisting, helping, aiding or abetting any other person or entity in engaging in
or performing any of the activities in paragraphs (A) to (D) above.
2. IT IS FURTHER ORDERED that the three named Defendants
(Free Republic, Electronic Orchard and James C. Robinson), and each of their
officers, agents, representatives, alter egos, shareholders, partners, joint
ventures, heirs, executors, administrators, parent entities, affiliates,
subsidiaries, divisions, legal predecessors, successors, assigns, licensees, and
any and all persons acting in concert therewith or participating with them who
receive actual notice of this order, must:
(A) render
all copies (in whatever form, e.g., paper [*5] or electronic) of
Plaintiffs' copyrighted works in their control or possession, inaccessible to
users of the freerepublic.com, freerepublic.net and
freerepublic.org websites within three months after the date this Final
Judgment is signed and must erase or otherwise destroy all copies (in whatever
form, e.g., paper or electronic) of Plaintiffs' copyrighted works in their
control or possession, within three months after all appeals in this case are
exhausted;
(B) post on the home pages of
freerepublic.com, freerepublic.net, and freerepublic.org to a web
page at freerepublic.com containing a copy of the Final Judgment and the
attachment to it for ninety days beginning no later than two weeks after the
date this Final Judgment is signed. These links shall clearly and legibly state
they are links to the Final Judgment in this case.
3.
IT IS FURTHER ORDERED that the three named Defendants (Free Republic, Electronic
Orchard and James C. Robinson) shall, within ninety days of the date this Final
Judgment is signed, file in this Court and hand deliver to Plaintiffs' counsel,
declarations under penalty of perjury from James C. Robinson demonstrating that
they have [*6] complied with paragraph (2)(A) and (B) of this Final
Judgment.
4. IT IS FURTHER ORDERED that the three named
Defendants (Free Republic, Electronic Orchard and James C. Robinson), and each
of their officers, agents, representatives, alter egos, shareholders, partners,
joint ventures, heirs, executors, administrators, parent entities, affiliates,
subsidiaries, divisions, legal predecessors, successors, assigns, licensees, and
any and all persons acting in concert therewith or participating with them who
receive actual notice of this order, may copy Plaintiffs' copyrighted works if
the use is:
(A) expressly authorized by Plaintiffs'
user and member agreements on Plaintiffs' respective websites; or
(B) expressly authorized by a Plaintiff in writing.
5. IT IS FURTHER ORDERED that the three named Defendants
(Free Republic, Electronic Orchard and James C. Robinson), and each of their
officers, agents, representatives, alter egos, shareholders, partners, joint
ventures, heirs, executors, administrators, parent entities, affiliates,
subsidiaries, divisions, legal predecessors, successors, assigns, licensees, and
any and all persons acting in concert therewith or participating with
them [*7] who receive actual notice of this order, may use
Plaintiffs' copyrighted works if the use is a fair use within the meaning of the
Copyright Act, 17 U.S.C. § 107, or is otherwise lawful under the Copyright Act.
This Court's ruling of March 31, 2000 on what constitutes fair use and what is
protected by the First Amendment is attached to this Final Judgment, and
incorporated herein and made a part hereof by this reference.
6. IT IS FURTHER ORDERED that Free Republic and James C. Robinson are
jointly and severally liable to Plaintiffs in the amount of $ 1,000,000 for
statutory damages.. Electronic Orchard is not liable for these statutory
damages.
7. IT IS FURTHER ORDERED that no party is
awarded any attorneys fees or costs.
8. IT IS FURTHER
ORDERED that this Court retains jurisdiction to enforce this Final Judgment and
the Stipulation, and to resolve any disputes arising under them.
