Ticketmaster L.L.C. v. Prestige Entertainment Inc. et al

Filing 82

ORDER RE: PERMANENT INJUNCTION AND DISMISSAL WITH PREJUDICE AS TO FASTSOFTWARE SOLUTIONS,LLC ONLY 81 by Judge Otis D. Wright, II . (lc) Modified on 11/6/2018 .(lc).

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UNITED STATES DISTRICT COURT

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FOR THE CENTRAL DISTRICT OF CALIFORNIA

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TICKETMASTER L.L.C., a Virginia
limited liability company,

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Plaintiff,
vs.
PRESTIGE ENTERTAINMENT
WEST, INC., a California corporation,
RENAISSANCE VENTURES LLC, a
Connecticut limited liability company,
NICHOLAS LOMBARDI, STEVEN K.
LICHTMAN, FAST SOFTWARE
SOLUTIONS, LLC, a Nevada limited
liability company, DOES 1 through 6,
inclusive, and DOES 8 through 10,
inclusive,
Defendants.

Case No. 17-cv-07232-ODW(JC)
Hon. Otis D. Wright
[PROPOSED] ORDER RE:
PERMANENT INJUNCTION
AND DISMISSAL WITH
PREJUDICE AS TO FAST
SOFTWARE
SOLUTIONS,LLC ONLY
[81]

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WHEREAS, plaintiff Ticketmaster L.L.C. (“Ticketmaster”) and defendant

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Fast Software Solutions, LLC (“Fast”) filed a stipulation stating that Ticketmaster

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and Fast have entered into a settlement agreement that provides, among other things,

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for the mutual release of claims, entry of a permanent injunction against Fast in

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accordance with the terms stated in the stipulation, and the dismissal of all claims

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against Fast with prejudice.

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IT IS HEREBY ORDERED AS FOLLOWS:

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1.

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Fast and all those under its direction or control or acting in concert with

it, including without limitation Fast’s principals, owners, agents, employees,
successors, and assigns, are permanently enjoined from:
a.

Creating or using computer programs or automated devices to

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search for, reserve, or purchase tickets through www.ticketmaster.com (the

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“Website”) or the Ticketmaster mobile application (the “App”), faster than human

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beings can manually enter into the Website or App the information needed to obtain

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information about, reserve, or purchase tickets through the Website or App;

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b.

Creating or using computer programs, automated devices, or

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other methods to circumvent CAPTCHA or any other software program integrated

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into the Website’s or App’s customer interface to distinguish computer programs or

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automated devices from human customers;

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c.

Infringing any of Ticketmaster’s copyrights in the course of

purchasing or attempting to purchase tickets though the Website or App;
d.

Exceeding web page request limits, reserve request limits, or per-

event ticket limits that are disclosed or otherwise posted on the Website or App;
e.

Creating or maintaining at any one time multiple Ticketmaster

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accounts, or creating or maintaining at any time Ticketmaster accounts containing

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false or fake information; and

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f.

Conspiring with anyone else to engage in any of the above

activities.
2.

No one subject to this injunction shall be found in violation of the

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injunction solely because he or she has unknowingly purchased tickets from, sold

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tickets to, or otherwise conducted business with a third party who Ticketmaster

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alleges has or is engaged in the above proscribed activities.

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3.

Except as adjudicated herein, all claims asserted by Ticketmaster against

Fast shall hereby be dismissed with prejudice.
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Ticketmaster and Fast shall all pay their own legal fees and costs

incurred in connection with this action.
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This Court shall retain continuing jurisdiction over Ticketmaster and

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Fast to enforce this stipulation and the proposed order.

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IT IS SO ORDERED.

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November 6, 2018

____________________________________
OTIS D. WRIGHT, II
UNITED STATES DISTRICT JUDGE