INJUNCTIONS

DEFINITION OF INJUNCTION

• A court order by which an individual is required to perform
• or is restrained from preforming a particular act
• A writ framed according to the circumstances of the case
• it commands an act that the court regards as fair justice
• Prohibits an act that is deemed contrary to good conscious

TYPES OF INJUNCTION

• Preliminary Injunctions
• Preventive Injunctions
• Mandatory Injunctions
• Permanent Injunctions

PRELIMINARY INJUNCTIONS

• Called preliminary or temporary
• Main objective is to immediate relief,
• Cease further injuries, injustice,
• And irreparable damages until the rights
• Of parties have been remedied

PREVENTIVE INJUNCTIONS

• A.K.A prohibitive or prohibitory
• Directing an indivual to refrain from an act(s)
• Prevents things such as: threats oj injury,
• Restrains constant types of abuse
• Cannot redress a consummated offence

MANDATORY INJUNCTION

• An injunction which demands a party to:
• To do an affirmative act or
• Mandates a specified course of conduct
• Severe injun. Why judges avoid using them
• Often to remove structures wrongfully placed

PERMANENT INJUNCTION

• Also known as a perpetual injunction
• Is issued at the end of final judgement
• This injunction must be the final relief of the case
• Is perpetual if the instigation remains permanent
• Preliminary is issued while lawsuit is pending

REMEMBER LIMEWIRE?

• Was a popular file sharing program
• Shared files such as films, music, books
• After it has been installed onto a PC:
• User selects folder on their HD which
• Contains files that can be shared with others

LIMEWIRE CASE P1

• LimeWire was sued for mass copyright infringement
• Sued for mass copyright infringement
• The RIAA (Recording Industry Association of America)
• The RIAA made its case by selecting 1,800 random files
• From LW, discovering that 93% were COP protected

LIMEWIRE CASE P2

• LW produced a consistent user base 4mill/day
• Billing in up to $20mill/year via premium users
• District judge Kimba Wood gathered from these facts
• that LW was encouraging users to commit COP infringement
• Officially ruling in the RIAA's favour for a settlement on Jan/10

PERMANENT INJUNCTION

• After the favourable RIAA ruling, 1 month later
• The NMPA (National Music Publishers Association)
• Sued LimeWire again for mass COP infringement
• By October 26th 2010, Wood ordered an injunction
• LW services shut down to prevent COP infringement

LIMEWIRE RULING

• Date: Jan.2011 to see damages caused by LW
• LimeWire was founded guilty, Mark Gorton held
• Personally liable for the infringements
• RIAA demanded $150,000 per COP infringement
• Totalling up to $105 million, ending a 5 year case

WORKS CITED PAGE

• LimeWire case: www.thembj.org/2010/12/limewire-to-the-wire/
• www.techspot.com/news/43786-limewire-settles-court-case-with-riaa-for105-mi...
• Websearch.about.com/od/torrentsearch/p/Limewire.htm
• LimeWire injunction: www.limewire.com
• Download.limewire.com/injunction/injunction.pdf