00743-dismissal Order

~ Ci

1.

Jason Schultz

(SBN 212600)

jason@efforg

Corynne

McSherry

corynne@eff

(SBN

221504)

org

FRONTIER

94110

Street CA

San

4

Francisco,

454 Shotwell

FOUNDA

ELECTRONIC

3

nON

2

Telephone: (415) 436-9333 xl.12

5

Facsimile:(415) 436-9993

6 Attorneys for Plaintiff JEFFREYDIEHL

7 8

CALIFORNIA

COURT

OF

DISTRICT

NORTHERN

FOR

9

THE

UNITED STATES DISTRICT

10 11

JEFFREY DIEHL,

Case No. C 06-6800SBA

)

12

)

Plaintiff,

) )

v.

13

.} -

MICHAEL CROOK,

15

3

Courtroom

DEPT:

14

JUDGE: Hon. Saundra Brown ArmstrOng

Defendant.

~'

16 11 Having consideredthe parties' joint stipulation seekingdismissal of the above captioned

18

19

matter without prejudice, pursuant to the parties' Settlement Agreement, and good cause appearing,

20

it is HEREBY

ORDERED that:

1.

21

Defendant Michael Crook ("Crook") may not issue any future ceaseand desist

notices,

cease-and-desist

copyright

future

any

from

refrain

submitting

(PROPOSED) ORDER CASENo: CO6-6800 SBA

a

sent image

or

previously

video

he

any

of

which

use

to the

entity

with

or connection

in

suspension

for

Crook

and/or

notice

3.

Will

28

relating to Crook's 2005 appearanceon Fox News, withdrawing the notice and/or request; Crook

21

DMCA

26

2.

request

25

notices"), requestsfor suspension,and/or any

person

related to Crook's 2005 appearanceon Fox News; every

24

to

other similar processesto any personor entity in connectionwith the use of any video or image

email

23

send

notices, notices under 17 V.S.C. § 512 ("DMCA

will

22

4

use

the tangible

Order

with

this

a

of

in

en~

connection

originated

the

in

of or

date

processes

the

from

similar

photographed,

years

other authored,

5

and/or

(five)

of personally

~riod

suspension,

was

a

for

for question

in

work,

requests

notices, copyrighted

material

unless

3

the

of

2

any

DMCA

1.

DMCA

notices,

cease-and-desist

copyright

any

issue

does

Crook

that

first

the

will maintained

include

Crook Action

will

Action,

this

notice,

this such

of any regarding

of

DismissaI

top

of

the webpage

the

at

Order (a)

and,

the for

use

of fair

a

entry ~)

is

the

of

date

question Locator

in

the use

from

the

years

Resource

Internet

9

Uniform

evaluate

,8

whether

of

7

5

notices,requestsfor suspension,or other threatsregardinguse ora copyrightedwork, for a period (five)

6

extent

4.

To

5

the

medium by, or formally assignedto, Crook and/orhis spouse.

14

abovecourses.

18

7,

20

Diehl's

by Understanding

Crook

to law:

provided copyright

be on

Will

which

courses

for online

URL

the following

the

to

accurate

and

true

are

claim

this

substantiate

to

Diehl

to

provided

best of Crook's knowledge. 8

23

compensation

24

Matter.

financial

for

claim

any

waives

Diehl

provided,

including attorneys' fees related to his causesof action againStMr. Crook in this

9.

25

has

documents

financial

of

counsel

22

Based on the above representation of fu18ncial indigence, and review by Diehl's Crook

21

Crook agreesthat if he violates any term of this Order, including his representations

o(tbiS

execution atl~48hours

of

date

Crook

the give

of to

as ~s

owns,

2

--. ORDER

(PROPOSED)

Diehl

Crook return,

name In

domain

any

in theyiolation.

of

rights

all

time

Order and/or

the

Diehl

to

assign

to

of his financial statUs,Diehl's remedies shall include, without limitation, the right to require Crook

at

28

has

he

Crook has representedunder penalty of perjury that he is indigent and that the documents

financial

19

2007, Crook will provide Diehl with certificatesof attendanceof the

30,

By

6.

April

IS

Copyright Office Practice and Advanced Seminar on Copyright Law 2006: Fair Use.

17

27

the

Basic Copyright Law 2006: Introduction and Overview of Basic Principles of Copyright Law and

16

26

complete

Crook

5

will

13

Order,

counseloncethe order is enteredandthe webpageis created.

this

12

of

webpage

copy

11.

a

by Diehl's counsel, currently located ; and (b) a containing

10

CASENo: C06-6800SBA

:'

notice of any alleged violation by Crook of this Order before commencingany court action to

.2

enforce this Order, in order to provide an opportunity for Crook to cure said violations and/or volunteerto transferall rights associatedwith the abovereferencesInternetdomains..

by

website

any

on

provided

be

Video

shall

the which

show

for

URL

to

suspension.

for

the

wishes

requests

Crook

Video,

the

if

and

to

link

that

notices

agreed

a

via

has

DMCA

and

false Diehl,

exclusively

so

to

sending Video

for the

will

in

Diehl

rights

Crook has assigned all

forum.

any

in

Video

the

in

made

statement

any

deny

to

assigned

resolveany suchcontroversyor dispute.

be

12

may

parties arising under or in connectionwith this Order.

judge

11

magistrate

This Court shall retainjurisdiction to resolveany disputeor controversybetweenthe A

12.

or

10

revoke

11.

not

9

will

Diehl Crook

8

he

7

blog,

6

to

or

5

Crook has made a video statement ("the Video"), acceptable to Diehl, apolo~g

1.0.

do

..

13 14 IS

Dated

Judge

16

n 18 19

20 2! 22 23 24 25

26 27

(PROPOSED)

--

28

ORDER

CASENo: CO6-6800SBA