Nexon America Inc et al v. Ryan Michael Cornwall et al

Filing 72

JUDGMENT AND PERMANENT INJUNCTION AS TO DEFENDANT DOUGLAS CRANE filed by Judge George H Wu Judgment shall be entered against Defendant in the amount of seven hundred fifty thousand dollars ($750,000). The Court shall retain jurisdiction of this action (pj)

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KARIN G. PAGNANELLI (SBN 174763),
[e-mail]
MARC E. MAYER (SBN 190969),
[e-mail]
MITCHELL SILBERBERG & KNUPP LLP
11377 West Olympic Boulevard
Los Angeles, California 90064-1683
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiffs,
Nexon America Inc. and NEXON Korea
Corporation

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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NEXON AMERICA, INC., a Delaware
corporation, and NEXON KOREA
CORPORATION, a Korean corporation,

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Mitchell
Silberberg &
Knupp LLP

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4951233.2

Plaintiffs,
v.
RYAN MICHAEL CORNWALL a/k/a
“Riu Kuzaki” and “Alexandria
Cornwall”; YANGYU ZHOU a/k/a
“Yang Yu,” “W8baby,” and
“Gamersoul”; DOUGLAS CRANE a/k/a
“DJ” and “Lonerboy”; WILLIAM
“BILLY” KEISTER a/k/a
“ThePhoneGuy”; AMARJOT GILL
a/k/a “Alphaamar”; DEREK OSGOOD
a/k/a “Jayce”; COLIN JOHNSON a/k/a
“Colin_”; LINDA LIU a/k/a
“linnyda942”; JEREMY SIMPSON;
V.H. a/k/a “Vince”; DOE 1 a/k/a
“Bizarro” and “Andrew,” DOE 2 a/k/a
“Cam1596,” and DOES 3 through 10,
inclusive,
Defendants.

CASE NO. 2:12-cv-00160 GW (FFMx)
Honorable George W. Wu
JUDGMENT AND PERMANENT
INJUNCTION AS TO DEFEDANT
DOUGLAS CRANE

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Plaintiffs Nexon America Inc. and NEXON Korea Corporation (“Nexon”)

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and Defendant Douglas Crane (“Defendant”), having entered into a Stipulation for

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Entry of Judgment and Permanent Injunction,

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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED:

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1.

Judgment shall be entered against Defendant in the amount of seven

hundred fifty thousand dollars ($750,000).

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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 immediately and permanently cease and desist from:

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A.

obtaining, possessing or accessing any unauthorized software the use

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of which infringes any of Nexon’s Intellectual Property Rights (as

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defined below), circumvents technological measures that control

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access to Nexon’s computer games, or violates the TOU, including

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but not limited to the Bizarro Trainer, RiPE, RiME, or any other

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MapleStory “bot” or trainer software, packet editor, hack, or cheating

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software;

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B.

taking any steps on his own behalf or assisting others in creating,

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which infringes any of Nexon’s Intellectual Property Rights,

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circumvents technological measures that control access to Nexon’s

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computer games, or violates the TOU, including but not limited to the

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Mitchell
Silberberg &
Knupp LLP

distributing or otherwise making available any software the use of

Bizarro Trainer, RiPE, RiME, or any other MapleStory “bot” or

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trainer software, packet editor, hack, or cheating software;
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C.

selling, reselling, or processing payments for any software, the use of

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which infringes any of Nexon’s Intellectual Property Rights,

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circumvents technological measures that control access to Nexon’s

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computer games, or violates the TOU, including but not limited to the

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Bizarro Trainer, RiPE, RiME, or any other MapleStory “bot” or

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trainer software, packet editor, hack, or cheating software;

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D.

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assisting in any way the development of any software the use of which
infringes any of Nexon’s Intellectual Property Rights, circumvents

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technological measures that control access to Nexon’s computer

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games, or violates the TOU, including but not limited to the Bizarro

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Trainer, RiPE, RiME, or any other MapleStory “bot” or trainer

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software, packet editor, hack, or cheating software;

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E.

sharing, copying, or distributing any software the use of which

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infringes any of Nexon’s Intellectual Property Rights, circumvents

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technological measures that control access to Nexon’s computer

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games, or violates the TOU, including but not limited to the Bizarro

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Trainer, RiPE, RiME, or any other MapleStory “bot” or trainer

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software, packet editor, hack, or cheating software;

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F.

operating, assisting, or linking to any website (including

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information to assist others in developing or obtaining any software

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the use of which infringes any of Nexon’s Intellectual Property

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Rights, circumvents technological measures that control access to

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Mitchell
Silberberg &
Knupp LLP

www.w8baby.com or www.gamersoul.com) designed to provide

Nexon’s computer games, or violates the TOU, including but not

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4951233.2

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limited to the Bizarro Trainer, RiPE, RiME, or any other MapleStory

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“bot” or trainer software, packet editor, hack, or cheating software;

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G.

investing or holding any financial interest in any enterprise which

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Crane knows is now, or planning in the future, to engage in any of the

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activities prohibited by this Paragraph;

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H.

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knowingly allowing any persons or entities which Crane controls,
either directly or indirectly, to engage in any of the activities

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prohibited by this Paragraph; or

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I.

making any statements, including anonymous statements, including

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but not limited to any postings, messages, or e-mails on the Internet,

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related to this Settlement Agreement or any conversations or

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correspondence with Nexon personnel, employees, representatives,

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agents or attorneys, unless authorized by Nexon.

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3.

Any company or entity that Defendant owns or operates in the future

shall also comply with the provisions of this Permanent Injunction.

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4.

Defendant irrevocably and fully waives notice of entry of the

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Judgment and Permanent Injunction and notice and service of the entered

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Judgment and Permanent Injunction and understands, confirms, and agrees that

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violation of the Permanent Injunction will expose Defendant to all penalties

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provided by law, including contempt of Court.

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Silberberg &
Knupp LLP

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5.

Defendant irrevocably and fully waives any and all rights to appeal

this Judgment, to have it vacated or set aside, to seek or obtain a new trial thereon,
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or otherwise to attack in any way, directly or collaterally, its validity or

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enforceability.

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6.

Nothing contained in this Judgment shall limit the right of Nexon to

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seek relief, including without limitation, damages, for any and all infringements by

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Defendant of Nexon’s copyrighted works occurring after the date of this Judgment.

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7.

This Judgment and Permanent Injunction shall be deemed to have

been served upon Defendant at the time of its execution by the Court.

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8.

The Court finds there is no just reason for delay in entering this

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Judgment and Permanent Injunction and, pursuant to Federal Rule of Civil

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Procedure 54(a), the Court directs immediate entry of this Judgment and

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Permanent Injunction against Defendant.

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9.

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 Judgment and

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Permanent Injunction.

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IT IS SO ORDERED.

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Dated: January 3, 2013

_____________________________
Honorable George W. Wu
United States District Judge

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Mitchell
Silberberg &
Knupp LLP

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4951233.2

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