craigslist, Inc. v. Szczodroski, No. 4:2008cv05061 - Document 15 (N.D. Cal. 2009)
Court Description: STIPULATION AND ORDER FOR PERMANENT INJUNCTION AND FINAL JUDGMENT. Signed by Judge ARMSTRONG on 2/6/09. (lrc, COURT STAFF) (Filed on 2/6/2009) Modified on 2/10/2009 (jlm, COURT STAFF).
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craigslist, Inc. v. Szczodroski 1 2 3 4 Doc. 15 Brian Hennessy (SBN 226721) E-mail: BHennessy@perkinscoie.com Perkins Coie LLP 101 Jefferson Drive Menlo Park, CA 94025-1114 Telephone: (650) 838-4300 Facsimile: (650) 838-4350 5 6 7 8 9 10 11 Elizabeth L. McDougall, WA Bar No. 27026 (pro hac vice) E-mail: EMcDougall@perkinscoie.com Perkins Coie LLP 1201 Third Avenue, Suite 4800 Seattle, Washington 98101-3099 Telephone: (206) 359-8000 Facsimile: (206) 359-9000 Attorneys for Plaintiff craigslist, Inc. 12 UNITED STATES DISTRICT COURT 13 NORTHERN DISTRICT OF CALIFORNIA 14 OAKLAND DIVISION 15 16 craigslist, Inc., a Delaware corporation, 17 18 19 20 Plaintiff, Case No. CV-08-5061 SBA STIPULATION AND ORDER AND PERMANENT INJUNCTION v. FINAL JUDGMENT Jeffray Szczodroski d/b/a craigslistpostingexperts.com, and Does 1 through 25, inclusive, 21 Defendants. 22 23 24 25 26 I. STIPULATION TO A PERMANENT INJUNCTION Plaintiff craigslist, Inc. and Defendant Jeffray Szczodroski (“Defendant”) stipulate to entry of an Order and Permanent Injunction, the terms of which are set forth below: 1. The Court has jurisdiction over the subject matter at issue in this action. 27 28 40753-0043/LEGAL14982548.1 -1- CV-08-5061 SBA STIPULATED PERMANENT INJUNCTION Dockets.Justia.com 1 2. The Court has personal jurisdiction over Defendant for the purposes of entry and 2 enforcement of this Stipulation and Order and Permanent Injunction and the parties’ Settlement 3 Agreement and Release. 4 3. Defendant, his officers, agents, servants, employees, successors, and assigns, and 5 any persons acting in active concert or participation with him who receive actual notice of this 6 Stipulation and Order and Permanent Injunction by personal service or otherwise are immediately 7 and permanently and forever enjoined from: 8 (a) Repeatedly posting the same or similar content on craigslist; 9 (b) Posting the same item or service in more than one category on craigslist; 10 (c) Posting the same item or service in more than one geographic area on (d) Posting ads on behalf of others, causing ads to be posted on behalf of 11 craigslist; 12 13 others, and accessing craigslist to facilitate posting ads on behalf of others; 14 15 (e) Using a third-party agent, service, or intermediary to post content to (f) Using any automated device or computer program that enables postings on craigslist; 16 17 craigslist without each posting being entered manually (an "automated posting device"), 18 including, without limitation, the use of any automated posting device to submit postings to 19 craigslist in bulk; 20 (g) Manufacturing, developing, creating, adapting, modifying, exchanging, 21 offering, distributing, selling, providing, importing, making available, trafficking in, or using 22 content that uses automated means (including, but not limited to, spiders, robots, crawlers, data 23 mining tools, and data scraping tools) to download or otherwise obtain data from craigslist; 24 (h) Engaging in any activity that disrupts, diminishes the quality of, interferes 25 with the performance of, or impairs the functionality of, craigslist's services or the craigslist 26 website; 27 28 (i) Copying, distributing, displaying, creating derivative works or otherwise using protected elements of craigslist's copyrighted website (located at www.craigslist.org), 40753-0043/LEGAL14982548.1 -2- CV-08-5061 SBA STIPULATED PERMANENT INJUNCTION 1 including, but not limited to, the website's post to classifieds, account registration and account log 2 in expressions and compilations, and from inducing, encouraging, causing or materially 3 contributing to any other person or entity doing the same; 4 (j) Circumventing technological measures that control access to craigslist's 5 copyrighted website and/or portions thereof (including, but not limited to, CAPTCHAs, RE- 6 CAPTCHAs, and telephone verification systems), and from inducing, encouraging, causing or 7 materially contributing to any other person or entity doing the same; 8 9 (k) Manufacturing, developing, creating, adapting, modifying, exchanging, offering, distributing, selling, providing, importing, trafficking in, or using technology, products, 10 services, devices, components, or parts thereof, that are primarily designed or produced for the 11 purpose of circumventing technological measures and/or protection afforded by technological 12 measures that control access to craigslist's copyrighted website and/or portions thereof, and from 13 inducing, encouraging, causing or materially contributing to any other person or entity doing the 14 same; 15 (l) Accessing or attempting to access craigslist's computers, computer 16 systems, computer network, computer programs, and data, without authorization or in excess of 17 authorized access, including, but not limited to, creating multiple accounts or posting content on 18 the craigslist website in excess of the limitations set by craigslist, and from inducing, 19 encouraging, causing, materially contributing to, aiding or abetting any other person or entity to 20 do the same; 21 (m) Manufacturing, developing, creating, adapting, modifying, exchanging, 22 offering, selling, distributing, providing, importing, trafficking in, purchasing, acquiring, 23 transferring, marketing or using any program, device, or service designed to provide an 24 automated means of accessing craigslist’s website, automated means of creating craigslist 25 accounts, or automated means of posting ads or other content on the craigslist’s website, 26 including, but not limited to, any program, device, or service that is, in whole or in part, designed 27 to circumvent security measures on the craigslist website; 28 40753-0043/LEGAL14982548.1 -3- CV-08-5061 SBA STIPULATED PERMANENT INJUNCTION 1 2 (n) in any way, including, but not limited to, violating the craigslist Terms of Use; 3 4 Misusing or abusing craigslist, the craigslist website and craigslist services (o) Accessing or using craigslist’s website for any commercial purpose whatsoever; and 5 (p) Using the CRAIGSLIST mark and any confusingly similar designations in 6 Internet advertisements and otherwise in commerce in any manner likely to confuse consumers as 7 to their association, affiliation, endorsement or sponsorship with or by craigslist. 8 9 4. This Stipulation and Order and Permanent Injunction is final and may not be appealed by either party. 10 5. 11 IT IS SO AGREED. The Clerk of the Court shall enter Judgment pursuant to this Order. 12 13 Dated: _________ ____, 2008 PERKINS COIE LLP 14 By: 15 Attorneys for Plaintiff craigslist, Inc. 16 17 Dated: _________ ____, 2008 18 craigslist, Inc. By 19 Its CEO 20 21 Dated: _________ ____, 2008 22 JEFFRAY SZCZODROSKI By 23 24 25 26 27 28 40753-0043/LEGAL14982548.1 -4- CV-08-5061 SBA STIPULATED PERMANENT INJUNCTION 1 II. ORDER 2 3 4 5 PURSUANT TO STIPULATION, IT IS SO ORDERED. IT IS FURTHER ORDERED that the Clerk of the Court shall enter Judgment in favor of plaintiff and against defendant pursuant to this Order. 6 7 Dated: 2/6/09 8 HONORABLE SAUNDRA BROWN ARMSTRONG 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 40753-0043/LEGAL14982548.1 -5- CV-08-5061 SBA STIPULATED PERMANENT INJUNCTION
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