Forwarded message:
>From CNICOPY@charlie.usd.edu Wed Jul 7 13:21:10 1993
Date: Wed, 7 Jul 1993 12:20:48 -0500 (CDT)
From: CNICOPY@charlie.usd.edu
To: CNI-COPYRIGHT@CNI.ORG
Cc: CNICOPY@charlie.usd.edu
Message-Id: <930707122048.8912@charlie.usd.edu>
Subject: electronic copyright collections of public domain material
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
WORLD LIBRARY, INC., a California Corporation, Plaintiff
v.
PACIFIC HITECH, INC., a Utah corporation and DOES 1 through 10 Inclusive
Defendant
No. C-93-20350-JW
_Final Judgment_
Plaintiff World Library, Inc. ("World Library") having filed a complaint
against Defendant Pacific HiTech, Inc. ("Pacific") and the parties having
represented to the court that this matter is now in condition for entry
of a Final Judgment, it is hereby
ORDERED, ADJUDGED and DECREED that final judgment in favor of World
Library and against Pacific be entered as follows:
1. The jurisdiction of the Court is founded on the Copyright Act of
1976, 17 U.S.C. Section 101 _et seq._, and under 28 U.S.C. 1331, 1332,
1338(a).
2. World Library is the author of copyrighted original compilations
of literary works ("the Copyrighted Works") published in CD-ROM format
and entitled "Greatest Books Collection", "Electronic Home Library",
"Library of the Future First Edition (450 title version)" and "Library
of the Future Series Second Edition (950 title version)". World Library
has duly registered its claim of copyright in the Copyrighted Works with
the United States Copyright Office.
3. Pacific has copied and sold CD-ROM disks under the title "Masterpiece
Library" which contain material identical to or substantially similar to the
original material contained in World Library's Copyrighted Works.
4. Pursuant to 17 U.S.C. Section 502, Pacific and each of its officers,
directors, agents, servants, employees and all other persons acting in
concert or in privity with them, are permanently enjoined from:
a. directly or indirectly infringing World Library's copyrights in
the Copyrighted Works
b. continuing to copy, market, offer, sell, dispose of, license, lease
transfer, display, advertise, reproduce, develop or manufacture
any works derived from or copied in whole or in part from all or
any portion of the Copyrighted Works without first obtaining
written authorization from World Library; and
c. breaching the license agreement under which the Copyrighted Works
are sold.
5. Pursuant to 17 U.S.C. section 503, Pacific and each of its officers
directors, agents, servants, employees and all other persons in active
concert or in privity with them, are ordered to deliver to World Library
for impoundment and destruction any and all originals, copies, duplicates
or other materials in its possession or control which World Library claims
infringe the Copyrighted Works and all plates, molds, matrices, masters,
tapes, negatives, or other articles by means of which such copies may
be produced.
6. Pacific shall file with the court and serve on World Library
within thirty (30) days from the date of this order a report in writing
under oath setting forth in detail the manner in which Pacific has
complied with this order.
7. Each part shall bear its own costs and attorneys' fees incurred
in this action.
Dated this 21 day of June 1993.
The Honorable James Ware
Judge U.S. District Court for the
Northern District of California
CONSENTED TO:
World Library Inc.
by William A. Hustwit
Chief Executive Officer
Pacific Hitech
by Irving W. Miller
President
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