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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 95-K-2143
BRIDGE PUBLICATIONS, a California non-profit[sic] corporation,
F.A.C.T.NET, INC., a Colorado nonprofit corporation; LAWRENCE WOLLERSHEIM, an individual; and ROBERT PENNY, an individual,
FINAL JUDGMENT AND PERMANENT INJUNCTION
Upon all of the proceedings in this action and pursuant to a Settlement Agreement dated March 19, 1999, and upon Defendant FACTNet's acknowledgement that Plaintiff's allegations are well founded, and good cause appearing therefor:
I.It is hereby ORDERED, ADJUDGED AND DECREED that defendant FACTNet, Lawrence Wollersheim, an individual and Robert Penny, an individual, their agents, servants, employees, attorneys and all persons in active concert or participation with them, or any of them, who receive actual notice of this Permanent Injunction are hereby and forever permanently enjoined and restrained from:
A.Directly or indirectly copying, publishing, reproducing, distributing, disseminating, performing, displaying or creating any works, including any derivative works of the Works as defined in paragraph C below, or any of them, in whole or in part, by any means in any media now known or hereafter developed in any time, place or fashion, and in particular from engaging in any such acts in, on or in connection with any computer, database, information service, electronic bulletin board service, network, storage facility, newsgroup, website, ftp site or archives, or other electronic bulletin board service, network or facility, including without limitation the transmitting or loading of any such materials onto, or downloading any copies of them from any such device, service, network or facility, and all such copies which defendants, their agents, servants, employees and attorneys and those in active concert or participation with them have caused to be copied or copied onto any such device, service, network or facility shall be removed as soon as reasonably possible, provided however, that nothing herein prohibits otherwise lawful "fair use" of the Works.
B.Causing, contributing to or inducing any other person to engage in any of the foregoing prohibited acts.
C.As used herein, the "Works" shall include but not be limited to the following works, whether or not registered or published.
(1) All Advanced Technology Works, including those set forth in Schedule 1, which is annexed hereto and incorporated herein by this reference.
(2) All Works by L. Ron Hubbard, irrespective of the medium (i.e., whether in the form of writing, recorded lecture, audio-visual reproduction or other medium);
(3) Any derivative Works, as "derivative work" is defined in 17 U.S.C. ? 101, based upon the writings of L. Ron Hubbard, whether now or later in existence;
(4) All Works published, created or owned by any Scientology organization now or hereafter in existence, including but not limited to Bridge Publications, Inc., New Era Publications International, Church of Scientology International or L. Ron Hubbard Library, or their successors or assigns, irrespective of the medium; and
(5) Any derivative of any of the foregoing, whether or not authorized, whether now or later in existence; and
II. The Court being advised in the premises hereby enters Final Judgment:
A.In favor of plaintiff, Bridge Publications, Inc., and against defendant FACTNet in the amount of One Million Dollars ($1,000,000.00), representing statutory damages under Section 504(c)(2), of the Copyright Act, 15 U.S.C. ?504(c)(2).
B.Defendant FACTNet's, Wollersheim's and Penny's counterclaims asserted herein are hereby dismissed with prejudice.
C.Each party shall bear its own costs.
John L Kane, Jr.
Senior United States District Judge
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