Blizzard Entertainment, Inc. v. Bossland GMBH et al

Filing 35

JUDGMENT by Judge David O. Carter, in favor of Blizzard Entertainment, Inc. against Bossland GMBH. Judgment is entered in the sum of $8,740.235.41. See Judgment for more information. Related to: Order on Motion for Default Judgment 34 . (MD JS-6, Case Terminated). (twdb)

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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 BLIZZARD ENTERTAINMENT,
INC.,
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Plaintiff,
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v.
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BOSSLAND GMBH, a corporation;
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Mitchell
Silberberg &
Knupp LLP
8691309.2

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Defendants.

CASE NO. 8:16-cv-01236-DOC-KES
Honorable David O. Carter
JUDGMENT

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The Court has read and considered the Motion For Default Judgment

2 Against Bossland GmbH (“Bossland”) (the “Motion”) by Plaintiff Blizzard
3 Entertainment Inc. (“Blizzard”).
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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED:

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1.

Bossland, and all persons acting under its direction or control

8 (including but not limited to its agents, subsidiaries, representatives and
9 employees), are immediately and permanently enjoined from any and all of the
10 following activities:
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(a)

taking any steps on Bossland’s own behalf or assisting others in

13 distributing, advertising, marketing, selling, reselling, uploading, downloading,
14 offering for sale, or otherwise disseminating in the United States any software
15 whose use infringes any of Blizzard’s U.S. copyrights, patents, or trademarks
16 (Blizzard’s “Intellectual Property”), circumvents technological measures that
17 control access to Blizzard’s games in the United States, or violates Blizzard’s End
18 User License Agreement (“EULA”) with its U.S. customers, including but not
19 limited to the software products known as “Honorbuddy,” “Demonbuddy,”
20 “Stormbuddy,” “Hearthbuddy,” and “Watchover Tyrant,” and any other software
21 product designed to exploit or enable the exploitation of any game owned,
22 published, or operated by Blizzard;
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(b)

obtaining, possessing, accessing or using in the United States any

25 software whose use infringes any of Blizzard’s Intellectual Property, circumvents
26 technological measures that control access to Blizzard’s games, or violates the
27 EULA, including but not limited to the software products known as
Mitchell
Silberberg &
Knupp LLP
8691309.2

28 “Honorbuddy,” “Demonbuddy,” “Stormbuddy,” “Hearthbuddy,” and “Watchover
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1 Tyrant,” and any other software product designed to exploit or enable the
2 exploitation of any game owned, published, or operated by Blizzard;
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(c)

assisting in any way with the creation or development in the United

5 States of any software whose use infringes any of Blizzard’s Intellectual Property,
6 circumvents technological measures that control access to Blizzard’s games, or
7 violates the EULA, including but not limited to the software products known as
8 “Honorbuddy,” “Demonbuddy,” “Stormbuddy,” “Hearthbuddy,” and “Watchover
9 Tyrant,” and any other software product designed to exploit or enable the
10 exploitation of any game owned, published, or operated by Blizzard;
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(d)

publishing or distributing in the United States any source code or

13 instructional material for the creation of any software whose use infringes any of
14 Blizzard’s Intellectual Property, circumvents technological measures that control
15 access to Blizzard’s games, or violates the EULA, including but not limited to the
16 software products known as “Honorbuddy,” “Demonbuddy,” “Stormbuddy,”
17 “Hearthbuddy,” and “Watchover Tyrant,” and any other software product designed
18 to exploit or enable the exploitation of any game owned, published, or operated by
19 Blizzard;
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(e)

selling, transferring, or assigning to any person or entity the

22 intellectual property in any product (including the rights in any source code) whose
23 use infringes any of Blizzard’s Intellectual Property, circumvents technological
24 measures that control access to Blizzard’s games, or violates the EULA, including
25 but not limited to the software products known as “Honorbuddy,” “Demonbuddy,”
26 “Stormbuddy,” “Hearthbuddy,” and “Watchover Tyrant,” and any other software
27 product designed to exploit or enable the exploitation of any game owned,
Mitchell
Silberberg &
Knupp LLP
8691309.2

28 published, or operated by Blizzard;
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(f)

operating, assisting or linking to any website located in the United

3 States or directed at United States residents that is designed to provide information
4 to assist others in accessing, developing or obtaining any software whose use
5 infringes any of Blizzard’s Intellectual Property, circumvents technological
6 measures that control access to Blizzard’s games, or violates the EULA, including
7 but not limited to the software products known as “Honorbuddy,” “Demonbuddy,”
8 “Stormbuddy,” “Hearthbuddy,” and “Watchover Tyrant,” and any other software
9 product designed to exploit or enable the exploitation of any game owned,
10 published, or operated by Blizzard;
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(g)

investing or holding any financial interest in any enterprise which

13 Bossland knows or has reason to know is now, or intends in the future to be,
14 engaged in any activities in the United States that are prohibited by this Judgment
15 and Permanent Injunction.
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(h)

reverse engineering, decompiling, packet editing, or otherwise

18 manipulating without authorization in the United States, any game owned,
19 published, or operated by Blizzard or a Blizzard subsidiary or providing assistance
20 to any person or entity engaged in such activities.
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2.

Judgment is entered for Blizzard on Bossland’s infringing conduct

23 within the United States, in the sum of $8,740,235.41, constituting:
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(a)

Statutory damages in the minimum allowable amount ($200 per

25 violation) under § 1203(c)(3)(A) of the Digital Millennium Copyright Act
26 (“DMCA”), for each of Bossland’s 42,818 violations within the United States,
27 totaling $8,563,600.00. This amount is not punitive in nature.
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Silberberg &
Knupp LLP
8691309.2

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(b)

Attorneys’ fees totaling $174,872.00, and

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(c)

Costs of suit totaling $1,763.41.

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IT IS SO ORDERED

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5 DATED: MARCH 31, 2017
Honorable David O. Carter
United States District Court Judge

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Silberberg &
Knupp LLP
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