USDC Oregon 13-cv-00292 Stipulated Order

7/30/2019 USDC Oregon 13-cv-00292 Stipulated Order

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Carl D . r o w ~ ; ; l l , OSB No. 982049email: [email protected] LAWP.O. Box923Salem, OR 97308(503) 581-1240Of t t o r n e y ~ for .plaintiffWade P. Bettis, Jr.,OSB #720255Email: [email protected] Fourth StreetLa Grande, OR 97850(541) 963-3313Attorney for_the defendant

UNITED STATES DISTRICT COURTDlSTRlCT OF OREGONPENDLETON DMSION

VOLTAGE PICTURES, LLC, Case No.: 2: 13-cv-00292-AAPlaintiff,

v.

EASTERN OREGON COMPUTERCONSULTING, INC.,Defendant.

STIPULATED CONSENT JUDGMENT

STIPULATED CONSENT JUDGMENTAs attested to by the signatures of the parties below, this matter: comes before the Court

Ion the parties' joint stipulation.On February 19, 2013, plaintiffVoltage Pictures, LLC filed a Complaint against the

defendant (and others) in the Oregon District Court, Case No. 2:13-cv-00292-AA for CopyrightInfringement, 17 U.S.C. 10 l, et seq, for the unlicensed copying and distribution of plaintiffsmotion pictured titled Maximum Conviction, registered with the United States Copyright Office,Reg. No. Pau 3-647-070, recorded copyrights assigned to plaintiff.

After initial discovery and investigation, defendant Eastern Oregon ComputerConsulting, Inc., ("EOCC") was identified as the party initially named as Doe #l, using Internet

STIPULATED CONSENT JUDGMENT Page 1 of5

Case 2:13-cv-00292-AA Document 28 Filed 08/30/13 Page 1 of 4 Page ID#: 233


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. : r ~ o t q c o l ( " ~ ' ' ) c a d d ~ t ~ s s 69 1,.124.11 which was o b s e r v ~ d in.fringing p l a ~ ~ ! f f s J n o t i o n . . p i c t u r e on' N o v e ~ b e r s;zoi2.

After EOCC answered (Doc. 26), the parties conducted discovery and c o n f e r r ~ . Theparties now appear through counsel to fully and fmally resolve all claims between the parties andthe matters before the Court. Voltage and EOCC have reached a settlement that requires entryof this Stipulated Consent Judgment to fully effect the terms of the settlement and have asked thecourt to accept and enter this Stipulated Consent Judgment and to proceed consistent with thisagreement.

WHEREFORE-IT IS ,HEREBY STIPULATED ANDORDERBD fotall matter relevant to thiscase between the parties as follows:I. This court has jurisdiction over the parties and venue is proper.2. Plaintiffhas valid and enforceable tights in the original copyrighted work, Maximum

Conviction, registered with the United States Copyright Office, Reg. No. PAu 3 ~ 6 4 7 ~ 0 7 0 .3. EOCC is a registered business located in Pendleton, Oregon, and is the proper named

defendant in this case.4. Plaintiffand EOCC expressly consent to have a United States Magistrate Judge conduct

any and all proceedings in this case, including entry of orders, including this stipulation orany other final judgment or orders arising there from.

5. EOCC has fully reviewed the complaint and the allegations of he complaint andspecifically admits plaintiff's investigations identifying EOCC's IP address as theinfringer were accurate, in particular in accurately identifying its IP address as the IPaddress used to downlead anddistribute plaintiffs motion picture.

6. EOCC further states and affll1Ils:a. EOCC is operated and managed by Steve K. Amsbury.b. Steve K. Atnsbury is a highly skilled computer technician with over twenty (20)

years professional experience in computer and network maintenance and repair.c. Steve K. Atnsbury is knowledgeable in file sharing systems and has actively

managed and operated file sharing networks for over twenty (20) years predating themodern Internet, including managing a u l t i ~ l i n e dialMup bulletin board system inthe 1980s and participating in the early Stanford University dial-in networkexchanges for email and file exchanges in the 1980s.

STIPULATED CONSENT JUDGMENT Page2 of5



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d. . S t e v ~ K,. A m , . s q ~ is g e n e f a ~ y !ecognized in the l o ~ a l colt\IllUP,ltx as t h ~ x c g i o n a l . .:.ixpert c o ~ p u t e r s ~ r v i c e , . ' a n d repair with an estimated 7n:8o%' ; a t : k ~ t s h ~ e ' tor t h ~ :Pendleton, Oregon region. .

e. Steve K. Amsbury. services a broad range ofgeneral clientele, from individuals toattorneys, to doctors' o f f i c ~ s and other professionals who regularly rely on hisexpertise.

f. Working at EOCC, Steve K. Amsbury is presented with between five (5) and ten(10) personal computers a day and as many as fifty (50) a week, which are in need ofservice or repair.

: g,- Steve K'Atnsbury ob_serves evidence o f a ~ t i v e p ~ i c i p a t i o l 1 in p e e r ~ t o ~ p e e d 1 l e .sharing and piracy on between 20% and 30% of all the computers presented in.needofservice or repair. Such evidence includes the o b s e r v a t i ~ n ofBitTorrent clientssuch as Vuze, BitTorrent, f.!Torrent and Limewire and the presence of "shared"folders on the computers containing shared music and video which is made availableto others through the BitTorrent network.

h. In standard operation, once installed, a BitTorrent client such as Vuze, BitTorrent,f.!Torrent and Limewire and others are active and running whenever a computer isturned on by default as a background process. In other words, once installed and auser begins to share content, the BitTorrent client will continue to pirate contentt bydownloading, sharing and re-publishing all content associated with the "shared"folder continuously any time the computer is turned on and given access to theinternet until purposefully deactivated by the user.

i, Piracy and peex.:.to-peer illegal file exchanges are often responsible for the infectionof client's computers and the source of heir difficulty. Pirating activity often causesdamage to computers that necessitates the need for Steve K. Amsbury's services.

j. Though they surely exist, Steve K. Amsbury is not aware of any legitimate uses ofBitTorrent or peer-to-peer file-sharing clients.

k. Third party use of a Wi-Fi network to participate in BitTorrent or peer-to-peer fileexchanges is often noticed though tho significant slowdowns in network speed,sometimes to the point of effectively impairing the use of the Internet.

1. As a general level of guidance and advice, Steve K. Amsbury advises and willcontinue to advise clients as to the standard level of care which includes securing

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any W i ~ F i ae,9es_s point with.a password for secmity and to p r e y e n _ ~ i n g ] l l l a , u t h o . r i ~ ~ : i d ,.n e t w o r k J ~ c ~ s s ~ d to reasonably ~ o ~ i t o r programs running on t h e ~ ~ o ~ ~ u t e r ~ to.ensure other household members or users have not installed BitTorrent or peer"to-peer clients which could be participating in piracy, a common cause of computerproblems.

PERMANENT INJUNCTIONIn addition to the above stipulations the parties further consent and agree to the following

injunctions:EOCC is hereby PERMANENTLY ENJOINED from directly, contributorily or indirectly

infringing ~ l t a g e ' s rights in:itS m o t i o n . p i c t u r ~ s , 7 i n c l u d i n g witf.lout li!nitation by using the internet to reproduce or copy Voltage's motion pictures, to distribute Voltage's motion pictures,or to make Voltage's motion pictures available for distribution to the public, except pursuant to alawful written license from Voltage.

EOCC is hereby PERMANBNTLY ENJOINED from directly, contributorily or indirectlyparticipating in peer-to-peer BitTorrent file exchanges without an express written license from allrights holders as to specific content exchanged.

SO ORDERED, this a y : ~

So Stipulated and Respectfully Submitted:

STIPULATED CONSENT JUDGMENT

United States Judge

On Behalf of Plaintiff:~ ~mail: [email protected] LawP.O. Box 923Page'4 of5


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USDC Oregon 13-cv-00292 Stipulated Order