Blizzard Entertainment Inc v. Michael Vankuipers et al
Filing
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CONSENT JUDGMENT by Judge Cormac J. Carney in favor of Blizzard Entertainment Inc against John Roe Related to: Stipulation for Judgment 29 . ( MD JS-6. Case Terminated ) (rla)
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MARC E. MAYER (SBN 190969)
mem@msk.com
JILL P. RUBIN (SBN 240019)
jpr@msk.com
MITCHELL SILBERBERG & KNUPP LLP
11377 West Olympic Boulevard
Los Angeles, California 90064-1683
Telephone: (310) 312-2000
Facsimile: (310) 312-3100
JS-6
Attorneys for Plaintiff
Blizzard Entertainment, Inc.
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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BLIZZARD ENTERTAINMENT, INC.
a Delaware Corporation,
Blizzard,
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Mitchell
Silberberg &
Knupp LLP
3984363.1
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v.
MICHAEL VANKUIPERS a/k/a
“Perma” or “Permaphrost,” an
individual; MICHAEL SIMPSON a/k/a
Matt Cooper, a/k/a Cranix” and
“Cranyx”; JOHN ROE a/k/a
“linuxawesome” and DOES 1 through
10, inclusive.
Defendants.
CASE NO. SACV 10-1495-CJC
(MLGx)
The Honorable Cormac J. Carney
[PROPOSED] CONSENT
JUDGMENT
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Plaintiff Blizzard Entertainment, Inc. (“Blizzard”) and Defendant John Roe
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a/k/a “linuxawesome” (“Defendant”) having entered into a Stipulation for Entry of
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Judgment and the Court having entered an Order thereon,
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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED:
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1.
Blizzard alleges that Defendant engaged in copyright infringement,
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inducement to infringe copyrights, contributory copyright infringement, vicarious
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copyright infringement, breach of contract, and intentional interference with
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contractual relations.
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2.
Defendant and all persons acting under Defendant’s direction or
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control (including but not limited to his agents, representatives and employees),
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shall, whether in the United States, Peru or any other country, immediately and
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permanently cease and desist from:
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A.
infringing Blizzard’s copyrighted works, including without limitation,
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the development, sale and/or distribution of software products
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designed to modify or hack StarCraft II or any other of Blizzard’s
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copyrighted works (the “Contested Software”) (the Contested
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Software shall include, without limitation, the “Open Source External
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Map Hack for SC2 1.1”);
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B.
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inducing or contributing to third party infringements of Blizzard’s
copyrighted works;
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intentionally interfering with Blizzard’s contracts with players; and
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Mitchell
Silberberg &
Knupp LLP
C.
D.
violating the StarCraft II End User License Agreement and Battle.net
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Terms of Use.
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Defendant shall take down the Contested Software and any colorable
copy thereof, hosted at any domain, address, location, or ISP within his control.
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Defendant shall deliver to Blizzard all copies of materials that infringe
or violate any of Blizzard’s rights described herein.
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Defendant shall provide Blizzard with an accounting of any and all
sales of products or services that infringe or violate any of Blizzard’s rights
described herein.
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Defendant shall destroy all digital files representing any Contested
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Software that are currently in his possession, custody, or control. Defendant shall
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provide Blizzard with a sworn statement within five days after the entry of the
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Consent Judgment certifying his compliance with this provision.
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Absent the prior written consent of Blizzard or its designee,
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Defendant shall not publicly release, distribute, sell, transfer or give away, for
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consideration or otherwise, any software, source code, object code, technology,
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domain name(s), trademark(s), brand(s), goodwill or any other property of any
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kind, in whole or in part, which is in any way related to the Contested Software,
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including without limitation, by posting such materials on an internet web page or
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by offering such materials over any peer-to-peer or file-trading network or any
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other medium.
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Silberberg &
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Any company or entity that Defendant owns or operates in the future
shall also comply with the provisions of this Consent Judgment.
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Defendant irrevocably and fully waives notice of entry of the Consent
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Judgment and notice and service of the entered Consent Judgment and
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understands, confirms, and agrees that violation of the Consent Judgment will
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expose Defendant to all penalties provided by law, including contempt of Court.
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Defendant irrevocably and fully waives any and all rights to appeal
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the Consent Judgment, to have it vacated or set aside, to seek or obtain a new trial
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thereon, or otherwise to attack in any way, directly or collaterally, its validity or
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enforceability.
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Nothing contained in the Consent Judgment shall limit the right of
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Blizzard to seek relief, including without limitation, damages, for any and all
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infringements by Defendant of the Blizzard’s copyrighted works occurring after
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the date Defendant executes the Stipulation for Entry of Judgment.
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This Consent Judgment shall be deemed to have been served upon
Defendant at the time of its execution by the Court.
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The Court finds there is no just reason for delay in entering this
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Consent Judgment and, pursuant to Federal Rule of Civil Procedure 54(a), the
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Court directs immediate entry of this Consent Judgment against Defendant.
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The Court shall retain jurisdiction of this action to entertain such
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further proceedings and to enter such further orders as may be necessary or
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appropriate to implement and enforce the provisions of this Consent Judgment.
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Mitchell
Silberberg &
Knupp LLP
3984363.1
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Dated: August 19, 2011
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The Honorable United States District
Judge Cormac J. Carney
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Submitted by:
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DATED: August 18, 2011
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MITCHELL SILBERBERG & KNUPP LLP
MARC E. MAYER
JILL P. RUBIN
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By: /s/ Marc E. Mayer
Marc E. Mayer
Attorneys for Plaintiff
Blizzard Entertainment, Inc.
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