1 RUSSELL J.

FRACKMAN (SBN 49087)

MARC E. MAYER (SBN 190969)
2 MITCHELL SILBERBERG & KNUPP LLP
11377 West Olympic Boulevard
3 Los Angeles, California 90064-1683
Telephone: (310) 312-2000
4 Facsimile: (310) 312-3100
5 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)
12 limited liability company; CAROLINE
RECORDS, INC., a New York Honorable John F. Walter
13 Corporation; EMI CHRISTIAN MUSIC
GROUP INC., a California Corporation; PRELIMINARY INJUNCTION
14 PRIORITY RECORDS, LLC, a
Delaware limited liability company;
15 VIRGIN RECORDS AMERICA, INC.,
a California Corporation; and NARADA
16 PRODUCTIONS, INC., a Wisconsin
corporation,
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Plaintiffs,
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v.
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BLUEBEAT, INC., a Delaware
20 corporation, doing business as
www.bluebeat.com; MEDIA RIGHTS
21 TECHNOLOGIES, INC., a California
corporation; BASEBEAT, INC., a
22 Delaware corporation, doing business as
www.basebeat.com; HANK RISAN, an
23 individual; and DOES 1 through 10,
24 Defendants.
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Mitchell
Silberberg &
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Knupp LLP
2446921.1
[PROPOSED] PRELIMINARY INJUNCTION
 1 For the reasons stated in the Court’s minute order dated November 18, 2009,
2 IT IS HEREBY ORDERED THAT Defendants BlueBeat, Inc., Media Rights
3 Technologies, Inc., Basebeat, Inc., and Hank Risan, and their respective agents,
4 servants, directors, officers, principals, employees, representatives, subsidiaries
5 and affiliated companies, successors, assigns, and those acting in concert with
6 them or at their direction (collectively “Defendants”), are hereby:
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8 1. Preliminarily enjoined and restrained pending trial from:
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10 (a) Directly or indirectly infringing in any manner any right in any
11 and all copyrighted works (or portions thereof), whether now in existence or later
12 created, in which any Plaintiff (including its parents, subsidiaries, affiliates, or
13 distributed labels) owns or controls an exclusive right under Section 106 of the
14 United States Copyright Act (17 U.S.C. § 106) (the “Copyrighted Sound
15 Recordings”), including without limitation by directly or indirectly copying,
16 reproducing, downloading, distributing, communicating to the public, uploading,
17 linking to, transmitting, publicly performing, or otherwise exploiting in any
18 manner any of Plaintiffs’ Copyrighted Sound Recordings (including but not limited
19 to those set forth in Schedule A to the Complaint), whether through the websites
20 www.bluebeat.com, www.basebeat.com, or otherwise; and
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22 (b) Directly or indirectly infringing in any manner any right in any
23 and all sound recordings originally fixed in a tangible medium of expression prior
24 to February 15, 1972, in which any Plaintiff (including its parents, subsidiaries,
25 affiliates, or distributed labels) owns or controls an exclusive right or under state or
26 common law (the “Pre-1972 Sound Recordings”), including without limitation by
27 directly or indirectly copying, reproducing, downloading, distributing,
Mitchell
Silberberg &
28 communicating to the public, uploading, linking to, transmitting, publicly
Knupp LLP
2446921.1 1
[PROPOSED] PRELIMINARY INJUNCTION
 1 performing, or otherwise exploiting in any manner any of Plaintiffs’ Pre-1972
2 Sound Recordings (including but not limited to those set forth in Schedule B to the
3 Complaint), whether through the websites www.bluebeat.com, www.basebeat.com,
4 or otherwise.
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6 Plaintiffs shall not be required to post a bond upon the issuance of this
7 Preliminary Injunction.
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9 IT IS SO ORDERED.
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11 DATED: November 18, 2009
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By:
13 The Honorable John F. Walter
United States District Judge
14 Central District of California
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Mitchell
Silberberg &
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Knupp LLP
2446921.1 2
[PROPOSED] PRELIMINARY INJUNCTION