Bluebeat Preliminary Injunction

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RUSSELL J. FRACKMAN (SBN 49087) MARC E. MAYER (SBN 190969) MITCHELL SILBERBERG & KNUPP LLP 11377 West Olympic Boulevard Los Angeles, California 90064-1683 Telephone: (310) 312-2000 Facsimile: (310) 312-3100

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Attorneys for Plaintiffs

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NOTE: CHANGES MADE BY THE COURT

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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CAPITOL RECORDS, LLC, a Delaware CASE NO. 2:09-cv-08030 JFW (JC) limited liability company; CAROLINE RECORDS, INC., a New York Honorable John F. Walter Corporation; EMI CHRISTIAN MUSIC GROUP INC., a California Corporation; PRELIMINARY INJUNCTION PRIORITY RECORDS, LLC, a Delaware limited liability company; VIRGIN RECORDS AMERICA, INC., a California Corporation; and NARADA PRODUCTIONS, INC., a Wisconsin corporation,

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Plaintiffs, v. BLUEBEAT, INC., a Delaware corporation, doing business as www.bluebeat.com; MEDIA RIGHTS TECHNOLOGIES, INC., a California corporation; BASEBEAT, INC., a Delaware corporation, doing business as www.basebeat.com; HANK RISAN, an individual; and DOES 1 through 10, Defendants.

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28 [PROPOSED] PRELIMINARY INJUNCTION

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For the reasons stated in the Court’s minute order dated November 18, 2009,

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IT IS HEREBY ORDERED THAT Defendants BlueBeat, Inc., Media Rights

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Technologies, Inc., Basebeat, Inc., and Hank Risan, and their respective agents,

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servants, directors, officers, principals, employees, representatives, subsidiaries

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and affiliated companies, successors, assigns, and those acting in concert with

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them or at their direction (collectively “Defendants”), are hereby:

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Preliminarily enjoined and restrained pending trial from:

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(a)

Directly or indirectly infringing in any manner any right in any

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and all copyrighted works (or portions thereof), whether now in existence or later

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created, in which any Plaintiff (including its parents, subsidiaries, affiliates, or

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distributed labels) owns or controls an exclusive right under Section 106 of the

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United States Copyright Act (17 U.S.C. § 106) (the “Copyrighted Sound

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Recordings”), including without limitation by directly or indirectly copying,

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reproducing, downloading, distributing, communicating to the public, uploading,

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linking to, transmitting, publicly performing, or otherwise exploiting in any

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manner any of Plaintiffs’ Copyrighted Sound Recordings (including but not limited

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to those set forth in Schedule A to the Complaint), whether through the websites

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www.bluebeat.com, www.basebeat.com, or otherwise; and

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Mitchell Silberberg & Knupp LLP 2446921.1

(b)

Directly or indirectly infringing in any manner any right in any

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and all sound recordings originally fixed in a tangible medium of expression prior

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to February 15, 1972, in which any Plaintiff (including its parents, subsidiaries,

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affiliates, or distributed labels) owns or controls an exclusive right or under state or

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common law (the “Pre-1972 Sound Recordings”), including without limitation by

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directly or indirectly copying, reproducing, downloading, distributing,

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communicating to the public, uploading, linking to, transmitting, publicly 1 [PROPOSED] PRELIMINARY INJUNCTION

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performing, or otherwise exploiting in any manner any of Plaintiffs’ Pre-1972

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Sound Recordings (including but not limited to those set forth in Schedule B to the

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Complaint), whether through the websites www.bluebeat.com, www.basebeat.com,

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or otherwise.

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Plaintiffs shall not be required to post a bond upon the issuance of this Preliminary Injunction.

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IT IS SO ORDERED.

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DATED: November 18, 2009 By: The Honorable John F. Walter United States District Judge Central District of California

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28 2 [PROPOSED] PRELIMINARY INJUNCTION