Nexon America Inc et al v. Gameanarchy LLC et al

Filing 71

JUDGMENT by Judge Michael W. Fitzgerald, in favor of NEXON Korea Corporation and Nexon America Inc against Gameanarchy LLC and David Allen Baker. Nexon is awarded a monetary judgment against Defendants, jointly and severally, of a sum of $1,432,964.76. (MD JS-6, Case Terminated). (kbr)

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JS-6

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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10 NEXON AMERICA, INC., a Delaware
corporation, and NEXON KOREA
11 CORPORATION, a Korean
corporation,
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Plaintiffs,
v.
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Case No. CV12-02083 MWF (PLAx)
Honorable Michael W. Fitzgerald
JUDGMENT

14 GAMEANARCHY, LLC, a Georgia
Limited Liability Company, DAVID
15 ALLEN BAKER, a/k/a "Drunken 1
Cheetah," an individual, and DOES
16 through 10,
Defendants.
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On April 3, 2013, the Court granted the Motion for Summary Judgment

20 Against Defendant David Allen Baker (“Baker”) filed by Plaintiffs Nexon
21 America, Inc. and NEXON Korea Corporation (collectively, “Nexon”). (Docket
22 No. 67). On April 23, 2013, the Court granted the Motion for Default Judgment
23 Against Defendant GameAnarchy, LLC (“GALLC”) filed by Nexon. (Docket No.
24 69). Finding that good cause exists for entry of a separate judgment under Rule 54
25 of the Federal Rules of Civil Procedure with respect to the first, fifth and eighth
26 claims for relief in Nexon’s Complaint (Docket No. 1) for copyright infringement,
27 trafficking in circumvention devices, and intentional interference with contractual
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1 relations, respectively, the Court enters final judgment against Baker and GALLC
2 (collectively, “Defendants”), jointly and severally, as follows,
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IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT:

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1.

Defendants, and all persons acting under their direction or control

5 (including but not limited to their agents, representatives and employees), hereby
6 are enjoined and restrained, and shall immediately and permanently cease and
7 desist, from any of the following:
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(a)

distributing, offering to the public, manufacturing, importing,

9 providing, linking to, promoting, facilitating, encouraging the use of, trafficking in,
10 uploading or downloading, updating, or maintaining the service and software
11 program known as “Game Anarchy,” and any related software product (including
12 the GameAnarchy StreamLoader software or any .dll software file associated
13 therewith or injected by the StreamLoader) to the extent that such service and
14 software alters any Nexon product, including the game “Combat Arms”;
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(b)

infringing Nexon’s copyrighted works, including without

16 limitation, by developing, distributing or otherwise disseminating any software
17 “hacks” or “cheats” designed to alter or edit the game play or player experience of
18 any Nexon product, including Combat Arms;
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(c)

inducing or contributing to third-party infringements of

20 Nexon’s copyrighted works, including by linking to or providing the location of
21 any website that distributes or otherwise disseminates any product or service that is
22 designed in whole or in part to alter or edit the game play or player experience of
23 any Nexon product, including Combat Arms;
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(d)

violating, or aiding and abetting a violation of, Section 1201(a)

25 or (b) of the Digital Millennium Copyright Act (“DMCA”), including, without
26 limitation, by manufacturing, importing, offering to the public, providing, linking
27 to, promoting, facilitating, encouraging the use of, or otherwise trafficking in, or
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1 participating in the trafficking in, any device (including but not limited to the
2 Game Anarchy software) that:
(i)

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is primarily designed or produced for the purpose of

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circumventing, or to circumvent the protection afforded by, HackShield,

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NexonGuard, or any other technological measures adopted by Nexon that

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effectively controls access to any Nexon product, including Combat Arms;
(ii)

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has only limited commercially significant purposes or

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uses other than to circumvent, or to circumvent the protection afforded by,

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HackShield, NexonGuard, or any other technological measure adopted by

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Nexon that effectively controls access to any Nexon product, including

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Combat Arms; or

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(iii)

is marketed by Defendant and/or others acting in concert

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with either or both Defendant with its or their knowledge, for use in

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circumventing, or in circumventing the protection afforded by HackShield,

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NexonGuard, or any other technological measure adopted by Nexon that

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effectively controls access to any Nexon product, including Combat Arms;
(e)

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intentionally interfering with Nexon’s contracts with players,

18 including, without limitation, by encouraging or inducing any players to violate
19 any terms of the Nexon Terms of Use or End-User License Agreement by using
20 software “cheats” or “hacks,” including but not limited to those contained within
21 Game Anarchy; and
(f)

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violating the Nexon Terms of Use or End-User License

23 Agreement, including, without limitation, by using tools which hack or alter the
24 Combat Arms software or game play.
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2.

Nexon is awarded a monetary judgment against Defendants, jointly

26 and severally, of a sum of $1,432,964.76, constituting:
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(a)

Statutory damages in the minimum allowable amount ($200 per

2 violation) under § 1203(c)(3)(A) of the DMCA, for each of Defendants’ 6,000
3 violations, totaling $1,200,000.
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(b)

Defendants’ unjust profits attributable to the infringements

5 alleged in the Complaint, as provided by the Copyright Act, 17 U.S.C. § 504,
6 totaling $232,964.76.
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IT IS FURTHER ORDERED that there is no just reason for delay in entry

8 of this final judgment herein, and the Court expressly directs that the Clerk of the
9 Court enter this separate judgment against said Defendants herein pursuant to
10 Federal Rule of Civil Procedure 54 notwithstanding whether this action remains
11 pending with respect to other claims for relief.
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14 Dated: May 6, 2013
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MICHAEL W. FITZGERALD
United States District Judge

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