Riot Games, Inc. v. Stefan Delgado Argote et al

Filing 45

PERMANENT INJUNCTION, CONSENT JUDGMENT, AND DISMISSAL WITHOUT PREJUDICE 44 by Judge Ronald S.W. Lew in favor of Riot Games, Inc. against Chachani Misti Y Pichu Pichu S.R.L., Matthias Oltmann, Stefan Delgado Argote, Tyrone Tom Pauer. SEE JUDGMENT FOR FURTHER DETAILS. (MD JS-6. Case Terminated) (jre)

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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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11 RIOT GAMES, INC., a Delaware
Corporation,
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CASE NO. 2:16-cv-5871-RSWL-AJW

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PERMANENT INJUNCTION,
CONSENT JUDGMENT, AND
DISMISSAL WITHOUT
PREJUDICE [44]

Plaintiff,

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v.

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STEFAN DELGADO ARGOTE a/k/a
16 “Ohm” and “Burberry”; MATTHIAS
OLTMANN a/k/a “Joduskame,”
17 “Rolle3k,” and “Sheppard”; TYRONE
TOM PAUER a/k/a “Beaving”;
18 CHACHANI MISTI Y PICHU PICHU
S.R.L., a company organized under the
19 laws of Peru; and DOES 1-10,
inclusive,
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Defendants.
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Mitchell
Silberberg &
Knupp LLP

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///

Honorable Ronald S.W. Lew

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Pursuant to the Parties’ Stipulation dated February 28, 2017, the Court

2 hereby orders that judgment is entered against defendants Stefan Delgado Argote,
3 Matthias Oltmann, Tyrone Tom Pauer, Chachani Misti y Pichu Pichu, S.R.L.,
4 Jaime Rosalino Prado Lira, and Alquiles Ivan Delgado Argote (collectively
5 “Defendants”) as follows.
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IT IS HEREBY FOUND, ORDERED, ADJUDGED as follows:

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1.

Judgment shall be entered against Defendants on the First, Second,

10 and Third Claims for Relief in the amount of ten million U.S. dollars
11 ($10,000,000) from all Defendants, payable pursuant to the terms set forth in the
12 Parties’ Confidential Settlement Agreement and Release.
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2.

Defendants, all persons acting under Defendants’ direction or control

15 (including but not limited to Defendants’ agents, representatives, and employees),
16 and those persons or companies in active concert or participation with Defendants
17 who receive actual notice of this Order by personal service or otherwise, shall
18 immediately and permanently cease and desist from any of the following:
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(a)

taking any steps on Defendants’ own behalf or assisting others in

21 creating, distributing or otherwise making available any software whose use
22 infringes any of Riot’s copyrights, patents, or trademarks (Riot’s “Intellectual
23 Property”), circumvents technological measures that control access to Riot’s
24 games, or violates Riot’s Terms of Use (“TOU”), including but not limited to the
25 software product known as Leaguesharp, and any other software product designed
26 to exploit or enable the exploitation of “League of Legends” or any other game
27 owned, published, or operated by Riot or a Riot subsidiary;
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Silberberg &
Knupp LLP

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(b)

obtaining, possessing, accessing or using any software whose use by

2 Defendants infringes any of Riot’s Intellectual Property, circumvents technological
3 measures that control access to Riot’s games, or violates the TOU, including but
4 not limited to the software product known as Leaguesharp, and any other software
5 product designed to exploit or enable the exploitation of “League of Legends” or
6 any other game owned, published, or operated by Riot or a Riot subsidiary;
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(c)

selling, reselling, or processing payments for any software whose use

9 infringes any of Riot’s Intellectual Property, circumvents technological measures
10 that control access to Riot’s games, or violates the TOU, including but not limited
11 to the software product known as Leaguesharp, and any other software product
12 designed to exploit or enable the exploitation of “League of Legends” or any other
13 game owned, published, or operated by Riot or a Riot subsidiary;
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(d)

assisting in any way with the development of software whose use

16 infringes any of Riot’s Intellectual Property, circumvents technological measures
17 that control access to Riot’s games, or violates the TOU, including but not limited
18 to the software product known as Leaguesharp, and any other software product
19 designed to exploit or enable the exploitation of “League of Legends” or any other
20 game owned, published, or operated by Riot or a Riot subsidiary;
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(e)

sharing, copying or distributing any software whose use infringes any

23 of Riot’s Intellectual Property, circumvents technological measures that control
24 access to Riot’s games or violates the TOU, including but not limited to the
25 software product known as Leaguesharp, and any other software product designed
26 to exploit or enable the exploitation of “League of Legends” or any other game
27 owned, published, or operated by Riot or a Riot subsidiary;
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Silberberg &
Knupp LLP

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(f)

publishing or distributing any source code or instructional material for

2 the creation of software whose use infringes any of Riot’s Intellectual Property
3 rights, circumvents technological measures that control access to Riot’s games or
4 violates the TOU, including but not limited to the software product known as
5 Leaguesharp, and any other software product designed to exploit or enable the
6 exploitation of “League of Legends” or any other game owned, published, or
7 operated by Riot or a Riot subsidiary;
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(g)

operating, assisting or linking to any website designed to provide

10 information to assist others in accessing, developing or obtaining any software
11 whose use infringes any of Riot’s Intellectual Property rights, circumvents
12 technological measures that control access to Riot’s games or violates the TOU,
13 including but not limited to the software product known as Leaguesharp, and any
14 other software product designed to exploit or enable the exploitation of “League of
15 Legends” or any other game owned, published, or operated by Riot or a Riot
16 subsidiary;
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(h)

investing or holding any financial interest in any enterprise which

19 Defendants know or have reason to know is now, or intends in the future to be,
20 engaged in any of the activities prohibited by this Judgment and Permanent
21 Injunction.
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(i)

playing any game owned, published, or operated by Riot or a Riot

24 subsidiary, including “League of Legends.”
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(j)

reverse engineering, decompiling, packet editing, or otherwise

27 manipulating without authorization, any game owned, published, or operated by
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Silberberg &
Knupp LLP

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1 Riot or a Riot subsidiary, including “League of Legends,” or providing assistance
2 to any person or entity engaged in such activities.
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(k)

accessing any computer or account owned, controlled or possessed by

5 Riot or a Riot employee or any authorized agent or representative of Riot without
6 Riot’s prior, written permission.
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3.

Defendants shall take all necessary steps to transfer and assign to Riot

9 ownership of the following domain names: leaguesharp.info, leaguesharp.me,
10 leaguesharp.org, botoflegends.net, botoflegends.org, leagueoflegendsscripts.com,
11 lolaccounts.io, and lolscripts.com.
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4.

Defendants shall take all necessary steps to transfer and assign to Riot

14 the source code for the software product known as Leaguesharp pursuant to the
15 terms set forth in the Parties’ Confidential Settlement Agreement and Release.
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5.

Defendants are ordered to destroy any software product whose use

18 infringes any of Riot’s Intellectual Property, circumvents technological measures
19 that control access to Riot’s games, or violates Riot’s Terms of Use (“TOU”),
20 including but not limited to the software product known as Leaguesharp, and any
21 other software product designed to exploit or enable the exploitation of “League of
22 Legends” or any other game owned, published, or operated by Riot or a Riot
23 subsidiary, pursuant to the terms set forth in the Parties’ Confidential Settlement
24 Agreement and Release.
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6.

Any company or entity that any Defendant controls in the future shall

27 also comply with the provisions of this Judgment and Permanent Injunction.
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Silberberg &
Knupp LLP

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7.

Defendants irrevocably and fully waive notice of entry of the

2 Judgment and Permanent Injunction and notice and service of the entered
3 Judgment and Permanent Injunction and understand, confirm and agree that
4 violation of the Judgment and Permanent Injunction will expose Defendants to all
5 penalties provided by law, including contempt of Court.
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Defendants irrevocably and fully waive any and all rights to appeal

8 this Judgment and Permanent Injunction, to have it vacated or set aside, to seek or
9 obtain a new trial thereon or otherwise to attack in any way, directly or collaterally,
10 its validity or enforceability.
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9.

Nothing contained in this Judgment and Permanent Injunction shall

13 limit the right of Riot to seek relief, including without limitation damages, for any
14 and all infringements by Defendants of Riot’s Intellectual Property occurring after
15 the date of this Judgment and Permanent Injunction.
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10.

This Judgment and Permanent Injunction shall be deemed to have

18 been served upon Defendants at the time of its execution and entry by the Court.
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11.

The Court shall retain jurisdiction of this action to entertain such

21 further proceedings and to enter such further orders as may be necessary or
22 appropriate to implement and enforce the provisions of this Judgment and
23 Permanent Injunction. Defendants consent to the personal jurisdiction of the
24 United States District Court for the Central District of California for purposes of
25 enforcing the Judgment and Permanent Injunction.
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Mitchell
Silberberg &
Knupp LLP

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

28 Judgment and Permanent Injunction and, pursuant to Federal Rule of Civil
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1 Procedure 54, the Court directs immediate entry of this Judgment and Permanent
2 Injunction against Defendants.
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13.

Riot’s Fourth and Fifth Claims for Relief hereby are dismissed

5 without prejudice, each party to bear its own fees and costs.
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The Clerk shall close this action.

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IT IS SO ORDERED.

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9 DATED: 3/1/2017
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s/ RONALD S.W. LEW
The Honorable Ronald S.W. Lew
Senior U.S. District Judge

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Mitchell
Silberberg &
Knupp LLP

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