craigslist, Inc. v. Bertz

Filing 1

COMPLAINT for Copyright Infringement and Demand for Jury Trial against George Bertz (Filing fee $ 350.00, receipt number 34611025258). Filed by craigslist, Inc.. (gba, COURT STAFF) (Filed on 11/5/2008) (gba, COURT STAFF).

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craigslist, Inc. v. Bertz Doc. 1 Brian Hennessy (SBN 22672 1) E-mail: BHennessy@,perkinscoie.com Perkins Coie LLP 101 Jefferson Drive Menlo Park, CA 94025-1 114 Telephone: (650) 838-4300 Facsimile: (650) 838-4350 Elizabeth L. McDougall, WA Bar No. 27026 (pro hacpending) E-mail: EMcDou~all~,perkinscoie.com Perkins Coie LLP 1201 Third Avenue, Suite 4800 Seattle, Washington 98 101-3099 Telephone: (206) 359-8000 Facsimile: (206) 359-9000 Attorneys for Plaintiff craigslist, Inc. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION I craigslist, Inc., a Delaware corporation, Plaintiff, v. George Berz d/b/a adbomber.com; and Does 1 through 25, inclusive, Defendants. PLAINTIFF CRAIGSLIST, INC.'S COMPLAINT FOR: (1) COPYRIGHT INFRINGEMENT, 17 U.S.C. $ 101, et seq.; (2) VIOLATION OF THE DIGITAL MILLENNIUM COPYRIGHT ACT, 17 U.S.C. $ 1201; (3) VIOLATION OF THE COMPUTER FRAUD AND ABUSE ACT, 18 U.S.C. $1030; (4) VIOLATION OF CALIFORNIA PENAL CODE $ 502; (5) BREACH OF CONTRACT; (6) INDUCING BREACH OF CONTRACT; (7) INTENTIONAL INTERFERENCE WITH CONTRACTUAL RELATIONS; AND (8) FRAUD; I and DEMAND FOR JURY TRIAL. I I 40753-0043lLEGAL14665923.1 -1COMPLAINT Dockets.Justia.com I. 1. INTRODUCTION Defendants are engaged in the unauthorized copying and intentional abuse of craigslist for Defendants' own illicit profit at the expense of craigslist and legitimate craigslist users. Their ongoing activities burden craigslist's operating systems and impede the free local online marketplace communities that craigslist provides and seeks to protect. craigslist brings this action to stop Defendants' unauthorized and unlawhl conduct, and to recover for the harm and expenses to craigslist already incurred. 2. craigslist and its twenty-five employees operate the website, www.crai~slist.org. The website provides online localized classified ad placements and related online services. 3. craigslist serves millions of users in cities and communities around the world. Other than small fees for job postings in ten cities and brokered apartment rentals 4. in New York City, craigslist provides its services to the public free of charge. 5. craigslist is committed to providing users with a fo~uin is easy to use. To this that end, it has developed online communities based on simplicity, speed, and uncluttered user interface displays. 6. craigslist presents users with simple lists of classified ads by category for geographic areas. The ads are posted by other craigslist users. 7. To post an ad, a user selects his or her geographic area, selects the appropriate category, and posts his or her ad. 8. craigslist automatically places new ads at the top of the list of ads for the chosen category within the selected geographic area. As new ads are posted, existing ads move progressively down the list. 9. craigslist implemented this system to create a simple, fair and efficient organization of posted ads, and this system is a foundational pillar of craigslistls operation and service. 10. craigslist protects this system through its Terms of Use ("TOUS") and security measures. COMPLAINT 11. craigslist's TOUs govern all uses of craigslist services and the craigslist website. The TOUs include specific prohibitions against repetitiously posting an ad, posting an ad in multiple categories, posting an ad in multiple geographic areas, and posting by automated means. The TOUs also expressly prohibit the use of any form of automated device or computer program that enables the submission of postings on craigslist without each posting being manually entered, including, specifically, the use of automated posting devices to submit postings in bulk or at regular automated intervals. 12. craigslist protects its systems, services and users through nuinerous security measures. These measures include technological barriers to prevent repetitious and miscategorized or mislocated postings, and to preclude posting by automation. 13. Auto-posting software and services, including the software and services provided by Defendants, undermine craigslist's systems, organization and operation. Defendants sell software and services that enable users to repetitiously post duplicative ads on craigslist, in multiple categories on craigslist, and in multiple geographic areas on craigslist, and that purposefilly circumvent craigslist security measures to do so. 14. In the course of these activities, Defendants have created copies of craigslist's copyrighted website and accessed craigslist's computer systems without and in excess of authorization. Defendants' activities burden craigslist's computer systems and personnel resources; they impair the efficiency, fairness and simplicity of craigslist services; and they harm and interfere with craigslist's relationship, reputation and goodwill with legitimate craigslist users. 1. 1 JURISDICTION 15. This Court has jurisdiction over this action pursuant to: a. 28 U.S.C. $5 1331 and1338, because this action alleges violations of 5 101, et seq., 17 U.S.C. $ 1201, and 18 U.S.C. 5 1030; 5 1332, because there may be federal statutes, including 17 U.S.C. b. additionally or alternatively, 28 U.S.C. complete diversity of citizenship between the parties which will be detennined when the defendants are identified, and because the matter in controversy exceeds the sum or value of $75,000, exclusive of interest and costs; and 40753-0043lLEGAL14665923.1 -3COMPLAINT c. 28 U.S.C. 5 1367 (supplemental jurisdiction), because the claims alleged under state law are so related to claims in this action over which this Court has original jurisdiction that they form part of the same case or controversy under Article I11 of the United States Constitution. 111. 16. VENUE Venue is proper in this District under 28 U.S.C. 5 1391, because a substantial part of the events or omissions giving rise to the claims occurred in this District, Defendants used craigslist's computers and services to transact their affairs, craigslist is located in this District, and a substantial part of craigslist's property, which was targeted and damaged by Defendants' acts, is situated in this District. 17. In addition, the TOUs governing Defendants' access to and use of the craigslist website and craigslist's services provide that courts located within the county of San Francisco, California, shall have exclusive jurisdiction over the relationship between craigslist and Defendants. 18. Intradistrict Assignment is proper in the San Francisco Division of this Court pursuant to Civil Local Rules 3-5(b) and 3-2(c) for the reasons stated above. IV. 19. THE PARTIES craigslist, Inc. is a Delaware corporation, with its principal and sole place of business in Sail Francisco, California. 20. craigslist is informed and believes, and on that basis alleges, that Defendant George Berz d/b/a adbomber.com is an individual residing at 77 18 N. Carnegie Ave., Fresno, California 93722-2229. 21. Does 1-25 are persons or entities responsible in whole or in part for the wrongdoing alleged herein ("Doe Defendants"). craigslist is informed and believes, and based thereon, alleges that each of the Doe Defendants participated in, ratified, endorsed, or was otherwise involved in the acts complained of, and that they have liability for such acts. craigslist will amend this Complaint if and when the identities of such persons or entities and/or the scope of their actions become known. 40753-0043lLEGAL14665923.1 -4COMPLAINT 22. Defendant George Berz d/b/a adbomber.com and the Doe Defendants are referred to collectively in this Complaint as "Defendants." V. A. FACTS GIVING RISE TO ALL CLAIMS FOR RELIEF CRAIGSLIST BACKGROUND 23. craigslist started in. San Francisco, California, in 1995. It was originally an email list by Craig Newmark about events in and around the San Francisco Bay Area for his friends and acquaintances. However, it quickly gained in popularity and scope as a forum for free local online classified ads and incorporated in 1999. 24. craigslist remains headquartered in San Francisco to date. It has twenty-five employees, all in San Francisco, and the servers on which the craigslist websites operate are located primarily in San Francisco. 25. Today, the craigslist website - www.craigslist.org - is world renown. It provides free localized online classified ad services in over 500 cities in more than 50 countries, and is one of the most visited websites in the world. In the United States, craigslist's website is visited more than 10 billion times by more than 30 million users each month. B. CRAIGSLIST'S WEBSITE AND CLASSIFIED AD SERVICES 26. craigslist allows users to review or post online local classified advertisements for various categories of products and services on the craigslist website. 27. The website is organized first by geographic area, and then by category of product or service within a geographic area. This organizational system ensures that craigslist remains a localized service so buyers know they will find products and services available in their communities. It also ensures that craigslist remains an efficient service so buyers' searches for particular types of products and services are not littered with irrelevant posting. 28. The categories within each geographic area (for example, jobs, personals, housing. furniture, cars, clothes, and vehicles) are displayed on discrete webpages as lists of posted ads. 29. An ad appears in a category list identified by a descriptive title created by the user who posted the ad. 40753-0043/LEGALI 4665923.1 -5COMPLAINT 30. When a new ad is posted, it is automatically placed at the top of the selected category list in the chosen geographic area. Existing ads move progressively lower in the list as new ads are posted at the top. 3 1. This prioritization was implemented by craigslist as a simple method to achieve fair and efficient service to both buyers and sellers using craigslist. Every seller's ad receives initial positioning at the top of its list, and buyers seeking a product or service within a category see the most current ads first. C. CRAIGSLIST'S TOUs 32. craigslist's services and the craigslist website are governed by TOUs. The TOUs are posted on the craigslist website, and users must affirmatively accept the TOUs to post ads on craigslist and to create an account on craigslist. 33. The TOUs grant users a limited, revocable, nonexclusive license to access the craigslist website and use craigslist's services. The license limits the authorized uses of the website and services, and identifies types of uses that are not authorized. 34. The TOUs also set out penalties for particular violations of their terms and the craigslist's license. 35. activities: Repeatedly posting the same or similar content; Posting the same item or service in more than one category; Posting the same item or service in more than one geographic area; Posting ads on behalf of others, causing ads to be posted on behalf of others, and accessing craigslist services to facilitate posting ads on behalf of others; Using a Posting Agent (a third-party agent, service, or intermediary that offers to post content to craigslist on behalf of others) to post ads; Attempting to gain unauthorized access to craigslist's computer systems or engaging in any activity that disrupts, diminishes the quality of, interferes with the 40753-0043lLEGAL14665923. I At all times relevant, the TOUs have, without limitation, prohibited the following -6COMPLAINT performance of, or impairs the functionality of, craigslist's services or the craigslist website; Using any automated device or computer program that enables postings without each posting being entered manually (an "automated posting device"), including, without limitation, the use of any automated posting device to submit postings in bulk; Making available content that uses automated means (e.g., spiders, robots, crawlers, data mining tools, and the like) to download data from craigslist; and Sending unsolicited email advertisements to craigslist email addresses or through craigslist computer systems. 36. The TOUs are attached to this Complaint as Exhibit A and incorporated into the Complaint as if fully set forth herein. D. POSTING ADS ON CRAIGSLIST 37. At the outset, a visitor to the craigslist website must select the geographic area in which they wish to find or post an ad. 38. Upon clicking the selected geographic area option, the user is presented with a webpage specific to that geographic area. From that webpage, a user seeking to post an ad must click a link titled "post to classifieds." 39. The user then chooses the type of posting they want to place from a list presented by craigslist for that geographic area (for example, job offered, housing offered, housing wanted, for sale, item wanted, personal/romance, or community). A yellow highlighted notice at the top of this webpage reminds users, as stated in the TOUs, that "cross-posting to multiple cities or categories is not allowed." 40. After selecting the type of posting, the user is presented with a list of categories for posting ads in that geographic area (for example, categories under "for sale" ads include, without limitation, auto parts, bicycles, boats, collectibles, electronics, jewelry, musical instruments, and tools), and must select the appropriate category for his or her ad. 41. After selecting the appropriate category, the user specifies from a list the nearest location within the geographic area, but a notice at the top of this webpage also alerts the users COMPLAINT that "there is no need to cross-post to more than one area - doing so may get youflagged and/or blocked - thanks!" 42. On the subsequent page, the user creates the title, price, description and other details for the ad, and provides an email address for replies to the ad. (craigslist anonyrnizes the email address when the ad is posted and relays replies to the user's genuine email address.) 43. After verifying the content of the ad, the user is required to affirmatively accept craigslist's TOUs before the ad is posted. 44. 45. If the user chooses to decline the TOUs, the ad is not posted. If the user accepts the TOUs, the user receives a screen display that requires the user to respond to a CAPTCHA challenge (explained below). If the CAPTCHA challenge is successfully completed, an email is sent to the user's email address with links that allow the user to finally post, edit or delete the ad. 46. To help users manage ads for different products and services, craigslist enables users to create an account with craigslist. 47. To create a craigslist account, a user must provide a valid email address and affirmatively accept craigslist's TOUs. 48. their account. Users with a craigslist account can post ads through an abbreviated process using E. CRAIGSLIST SECURITY MEASURES 49. craigslist employs a number of security measures to protect the craigslist website, the integrity and operation of craigslist's systems and services, and craigslist users. 50. One measure is the creation of temporary, anonymous einail addresses for replies to ads posted by users. 5 1. craigslist assigns a unique craigslist email address, in the form of xxxxxxxx@,crai~slist.org, to each advertisement posted by a user. Emails sent to this craigslist email address are automatically forwarded by craigslist to the user's personal email address (provided when the user posts the ad or creates a craigslist account). COMPLAINT 52. This system avoids publication of users' personal email addresses, but still allows users to receive replies in their personal email accounts. It protects users' privacy and makes it more difficult for spammers to obtain users' email addresses. 53. Another security measure employed by craigslist is the use of a verification program commonly known as CAPTCHA ("Completely Automated Public Turing test to tell Computers and Humans Apart"). CAPTCHA is designed to ensure that a human, not a machine, completes a certain task. 54. craigslist uses a CAPTCHA to ensure that ads are posted manually (as required by the TOUs) and not by automated means. 55. When a user creates an account or posts an ad, the user is presented with a webpage displaying a challenge-response test that appears in the form of a box containing partially obscured characters that the user must type into a designated box - this is the CAPTCHA. As shown in the example below, in craigslist's CAPTCHA, the characters of words are obscured so a person can read them, but computer programs, bots and other automated devices usually cannot. 56. If the CAPTCHA is not timely solved, the post or creation of an account on craigslist cannot be completed. 57. craigslist also uses various technological tools to detect and remove ads that have been abusively cross posted in multiple categories or multiple areas, or that are repetitively posted to stay at or near the top of a chosen list or lists. F. CRAIGSLIST'S COPYRIGHTS 58. As noted at the outset, craigslist is committed to providing users wit11 an easy-to- understand, easy-to-navigate forum to post and locate ads in local communities. To that end, the craigslist website provides uncluttered interfaces and displays for user input, searches and results. 40753-0043lLEGAL14665923.1 -9COMPLAINT 59. craigslist's website is, by design, uniquely distinctive in its clarity, composition and simplicity. Among the significant unique elements of the craigslist's website are the clear and simple craigslist account registration and log in features, and the clear and simple post to classified features. 60. The website is a badge of craigslist's promise to provide local online marketplace communities that are predominantly free, friendly and easy to use. The simplicity and clarity of the craigslist website are fundamental to craigslist's reputation and gamer substantial and valuable goodwill with users. 61. As an online venture, the intellectual property related to the craigslist website is a vital asset to craigslist. 62. 63. craigslist's website is a work of authorship protected by copyright law. craigslist owns all right, title and interest, including copyrights, in and to its website, including, but not limited to, the post to classifieds, account registration and account log in expressions and compilations. 64. 65. The craigslist website displays copyright notices. craigslist has registered copyrights in its website, including, but not limited to, the post to classifieds, account registration and account log-in features of the website. These registrations include: Reg. No. TX0006866660 TX0006866658 TX00068666.57 TX0006866662 TX000686666 1 Reg. Date Title September 19, 2008 Accounts.craigslist.org 2004. September 19, 2008 Accounts.craigslist.org 2008. September 19, 2008 Craigslist website 2006. September 19, 2008 Post.craigslist.org 2004. September 19, 2008 Post.craigslist.org 2008. G. ILLICIT POSTING SOFTWARE AND SERVICES 66. Illicit auto-posting software and services threaten craigslist's simple, fair and efficient classified ad posting and listing system. Auto-posting software and services enable 40753-0043/LEGAL14665923 I - 10COMPLAINT craigslist users to repetitiously post duplicative ads within a category on craigslist to keep the ad at or near the top of the category list. They also enable postings in multiple categories on craigslist and in multiple geographic areas. 67. Auto-posting software and services load craigslist's classified ad services with hundreds or thousands, or more, ads that are redundant, miscategorized and/or mislocated. 68. Repetitious posting of an ad, posting an ad in multiple categories, and posting an ad in more than one geographic area are all prohibited by the craigslist TOUs. The TOUs also expressly prohibit the use of any automated posting devices, including, but not limited to computer programs, that enable posting ads without manually entering each one. 69. Auto-posting disrupts craigslist's services by clogging craigslist categories with numerous advertisements for the same products or services or ads for irrelevant products or services. Auto-posting activities degrade craigslist user experiences and cause harm to craigslist's reputation as a fast, efficient, and fair platform for sellers to advertise and buyers to locate local items and services. 70. For example, auto-posting impairs the efficiency and ease-of-use of craigslist services for legitimate users by causing category lists to display duplicative ads that users are forced to sift through to find legitimate ads. Ads that are repeatedly auto posted also inequitably displace new ads legitimately placed at the top of a category list. Additionally, auto-posting ads in multiple categories or multiple geographic areas subverts users' expectations that they will find only ads regarding particular products or services within a certain category and that they will find only ads for local products or services within a given geographic area. 7 1. Auto-posting imposes heavy burdens on craigslist's computer systems and personnel. It creates heightened demands on craigslist's computers and systems, and causes craigslist to expend time and resources and to incur additional costs in order to provide its users with reliable, efficient service. But for craigslist's efforts and expenditures to thwart auto-posting and its impacts, auto-posting would cause craigslist's computers and systems to operate inefficiently, take longer to respond to legitimate users' requests, and become overwhelmed and potentially fail. 40753-0043/LEGAL14665923.1 -1 1COMPLAINT 72. To continue to profit from their sale of unauthorized, unlawful auto-posting software and services despite craigslist's effort to bar them, Defendants intentionally circumvent technological security measures implemented by craigslist to stop auto-posting. They have circumvented tracking systems and CAPTCHAs, among others. Indeed, whenever craigslist implements a new preventive measure, Defendants appear deterred only as long as it takes them to devise furtive means to circumvent the new measure. H. DEFENDANTS' AUTO-POSTING SOFTWARE AND SERVICES 73. Defendants, operating www.adbomber.com, sell "automated posting devices" as defined in craigslist's TOUs. They sell computer software, including "AdBomber v3 The Solution," "AdBomber Pro 2 Deluxe," "AdBomber Email Harvester Script," and "AdBomber DSL-IP Reset Script," and other automated devices and related services that enable the submission of postings on craigslist without each posting being entered manually, including, but not limited to, the automated submission of postings in bulk that circumvent craigslist security measures, including, but not limited to, CAPTCHAs. 74. Defendants charge customers $35 for the "AdBomber v3 The Solution" and $100 for the "AdBomber Pro 2 Deluxe," which allow Defendants to repetitiously auto-post ads in any city and any category and in multiple cities and categories. 75. Defendants charge $40 for the "AdBornber Email Harvester," which is advertised as follows: "You go to a category or do a search on CL and email harvester will run through all the ads and harvest out the reply to email addresses and place them in a text file for you." 76. Defendants charge $40 for the "AdBomber DSL-IP Reset Script," which allows customers to change IP addresses to prevent craigslist from blocking unauthorized users. 77. On information and belief, Defendants accessed and copied the craigslist website (including, but not limited to, creation of cached copies of the website) to develop, test, implement, use and provide their auto-posting software, programs, devices and services. 78. These acts of access and copying were unauthorized or in excess of authorized access to the craigslist website, services, computers and systems 40753-0043/LEGAL14665923.1 - 12- COMPLAINT 79. On information and belief, Defendants continue to access and copy the craigslist website (including, but not limited to, creation of cached copies of the website) to operate, maintain and update their auto-posting software, programs, devices and services. 80. These acts of access and copying were and are unauthorized or in excess of authorization to the craigslist website, services, computers and systems. 8 1. On information and belief, Defendants were required to affirmatively agree to and accept, and did affirmatively agree to and accept, craigslist's TOUs at one or more times when they accessed the craigslist website and ad posting services. 82. On information and belief, each time Defendants affirmatively accepted and agreed to abide by craigslist's TOUs, Defendants intended to violate the TOUs and concealed their intent to violate the TOUs from craigslist. 83. 84. Defendants' actions are knowing, intentional, willful, malicious and fi-audulent. On information and belief, Defendants do not disclose to their customers that their services are unlawful and violate the craigslist TOUs. 85. Defendants knowingly, willfully, intentionally, fraudulently and lnaliciously induce, encourage and assist craigslist users to abuse craigslist systems and services and violate the craigslist TOUs. I. CRAIGSLIST'S INJURIES 86. Defendants' actions and activities burden, interfere with and harm craigslist's systems, services, and resources; burden, interfere with and hann the use of craigslist by legitimate users; burden, interfere with and harm craigslist's relationship, reputation and goodwill with legitimate users; and violate numerous provisions of the TOUs. 87. Defendants have caused craigslist to incur substantial costs to investigate, remediate, prevent and combat Defendants' auto-posting software, programs, devices and services and Defendants' unauthorized access to and use of craigslist's systems and services, and to investigate, remediate and prevent harm to craigslist's computer systems and services caused by the Defendants. 40753-0043/LEGAL14665923.1 -13COMPLAINT 88. For example, the increased load and burden on craigslist's servers, and the burden on craigslist's personnel resources to develop counter measures, investigate incidents, remove unauthorized ads, and address user complaints as a result of auto-posting, cost craigslist well in excess of $5,000 per year. 89. Damages and losses incurred by craigslist include, without limitation, interference with craigslist's load balancing; interference with proper and efficient service to legitimate users; requiring craigslist to undertake extraordinary actions to monitor and enhance website infrastructure; and significantly increasing costs of data storage, troubleshooting, customer service, and system maintenance. 90. Furthermore, the harm to craigslist's relationships, reputation and goodwill with legitimate users is real and irreparable. 91. For example, users have blamed craigslist for interference with the fair and efficient operation of craigslist services caused by illicit auto-posting, and have accused craigslist of conspiring with parties responsible for auto-posting, like Defendants. Users who become frustrated by auto-posting abuses on craigslist may stop using craigslist and never return. Such injuries to craigslist cannot be compensated by monetary damages and are irreparable. 92. In a further effort to deter precisely the kind of activity in which Defendants are engaged, the craigslist TOUs include a liquidated damages provision to compensate craigslist for harm and injury from certain unauthorized and prohibited activities. 93. Under the TOUs' liquidated damages provision, as a result of their violations, Defendants are liable to craigslist for, among other relief and remedies, the following amounts: $1,000 for each post or message that impersonated any person or entity, or falsely stated the affiliation of the sender with another person or entity; $100 for each message posted in excess of limits established by craigslist or each day that craigslist is accessed after craigslist terminates access to or use of the service; and $100 for each and every item posted by a posting agent. I I 40753-0043lLEGAL14665923.1 - 14- I COMPLAINT 94. craigslist is entitled to an injunction to stop Defendants' unlawful activities and the irreparable harm they are causing craigslist. craigslist is also entitled to monetary damages, including, but not limited to, liquidated damages, to compensate for the quantifiable harm and injury Defendants have caused and continue to cause craigslist. VI. CLAIMS FOR RELIEF FIRST CLAIM FOR RELIEF COPYRIGHT INFRINGEMENT (DIRECT, VICARIOUS AND CONTRIBUTORY) 17 U.S.C. 5 101, ETSEQ. 95. 96. thereof. craigslist realleges and incorporates by reference all of the preceding paragraphs. craigslist owns and has registered copyrights in its website and specific portions 97. 98. Defendants had and have access to craigslist's website. Defendants have copied and/or created derivative works from craigslist's website and/or portions thereof, and continue to do so. 99. Defendants' copies and/or derivative works are substantially similar to craigslist's original copyright-protected website. 100. 101. The copies and/or derivative works created by Defendants are unauthorized. At all times relevant, Defendants obtained a direct financial benefit from the infringement and had the right and ability to control the infringing conduct, and/or intentionally induced, encouraged, caused or materially contributed to the infringement. 102. The foregoing acts of Defendants constitute direct infringement, vicarious infringement and/or contributory infringement of craigslist's exclusive rights in its copyrighted works under 17 U.S.C. 103. 5 106. Upon information and belief, Defendants' actions were and are intentional, willful, wanton and perfonned in disregard of craigslist's rights. 104. craigslist has been and will continue to be damaged, and Defendants have been unjustly enriched, by Defendants' unlawful infringement of craigslist's copyrighted works in an amount to be proven at trial. 40753-0043lLEGAL14665923.1 -15COMPLAINT 105. Defendants' conduct also has caused irreparable and incalculable harm and injuries to craigslist, and, unless enjoined, will cause further irreparable and incalculable injury, for which craigslist has no adequate remedy at law. 106. craigslist is entitled to the relief provided by 17 U.S.C. $5 502-505, including, but not limited to, injunctive relief, an order for the impounding and destruction of all Defendants' infringing copies and/or derivative works, compensatory damages (including, but not limited to actual damages and/or Defendants' profits), statutory damages, punitive damages, and craigslist's costs and attorneys' fees in amounts to be determined at trial. SECOND CLAIM FOR RELIEF VIOLATION OF THE DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") 17 U.S.C. C 1201, ETSEQ. j 107. 108. 109. craigslist realleges and incorporates by reference all of the preceding paragraphs. craigslist has registered copyrights in its website and specific portions thereof. craigslist employs numerous technological measures, including, but not limited to, identification of recurrent IP addresses and CAPTCHAs, to effectively protect and control access to and use of its copyrighted website and/or portions thereof. 110. Defendants have circuinvented and are circumventing technological ineasures that effectively control access to craigslist's copyrighted website and/or portions thereof. 111. On information and belief, Defendants manufacture, import, provide, offer to the public, or otherwise traffic in technology, products, services, devices, components, or parts thereof, that are primarily designed or produced for the purpose of circumventing technological measures and/or protection afforded by technological measures that effectively control access to craigslist's copyrighted website and/or portions thereof. 112. On information and belief, Defendants' technology, products, services, devices, components, or parts thereof have limited or no commercially significant purpose or use other than to circumvent technological ineasures that effectively control access to the craigslist website and/or portions thereof. 113. On information and belief, Defendants and/or others acting in concert with Defendants market such technology, products, services, devices, components, or parts thereof 40753-0043lLEGAL 14665923. I -16COMPLAINT with Defendants' knowledge for use in circumventing technological measures that effectively control access to the craigslist website and/or portions thereof. 114. craigslist has been and will continue to be damaged in an amount not presently known with certainty, but which will be proven at trial. 1 15. Defendants' conduct also has caused irreparable and incalculable harm and injuries to craigslist, and, unless enjoined, will cause further irreparable and incalculable injury, for which craigslist has no adequate remedy at law. 116. craigslist is entitled to the range of relief provided by 17 U.S.C. $9 1201-1203, including, but not limited to, injunctive relief, compensatory damages or statutory damages, punitive damages, and craigslist's costs and attorneys' fees in amounts to be proven at trial. THIRD CLAIM FOR RELIEF VIOLATION OF COMPUTER FRAUD AND ABUSE ACT 18 U.S.C. 5 1030 117. 118. craigslist realleges and incorporates by reference all of the preceding paragraphs. craigslist's coinputers are involved in interstate and foreign commerce and communication, and are protected computers under 18 U.S.C. $ 1030(e)(2). 119. On information and belief, Defendants intentionally accessed craigslist's computers without authorization or in excess of authorized access, and through interstate or foreign communication, obtained information from craigslist's~coinputersin violation of the Computer Fraud and Abuse Act ("CFAA"), 18 U.S.C. 120. 5 1030(a)(2)(C). On information and belief, Defendants knowingly and with intent to defraud, accessed craigslist's computers without authorization or in excess of authorized access, and thereby furthered the intended fraud and obtained services of value (other than use of the computers) in violation of the CFAA, 18 U.S.C. 121. 9 1030(a)(4). On information and belief, Defendants intentionally accessed craigslist's computers without authorization and caused and/or recklessly caused damage in violation of the CFAA, 18 U.S.C. $ 1030(a)(5)(A)(ii) and (iii). 40753-0043/LEGAL14665923.1 -1 7COMPLAINT 122. Defendants' actions have caused loss to one or more persons, including, but not limited to, craigslist, in a one year period aggregating at least $5,000 in value in accordance with the CFAA, 18 U.S.C. tj 1030(a)(5)(B)(i). 123. Defendants' conduct has also caused irreparable and incalculable harm and injuries to craigslist, and, unless enjoined, will cause further irreparable and incalculable injury, for which craigslist has no adequate remedy at law. 124. Under the CFAA, 18 U.S.C. 5 1030(g), craigslist is entitled to injunctive relief, compensatory damages, and other equitable relief. FOURTH CLAIM FOR RELIEF VIOLATION OF CAL. PEN. CODE 3 502 125. 126. craigslist realleges and incorporates by reference all of the preceding paragraphs. craigslist is the owner or lessee of the computers, computer systems, computer network, computer programs, and data that operate the craigslist website and services. 127. Defendants have knowingly accessed and without pennission used craigslist data, computers, computer systems and/or computer network in order to devise and/or execute a scheme to defraud and deceive in violation of California Penal Code 5 502(c)(l). 128. Defendants have knowingly accessed and without permission taken, copied, and/or made use of data from craigslist computers, computer systems and/or computer network in violation of California Penal Code tj 502(c)(2). 129. Defendants have knowingly and without permission used or caused to be used craigslist's computer services in violation of California Penal Code 5 502(c)(3). 130. Defendants have knowingly and without pennission accessed and added data to craigslist computers, computer systems and/or computer network in violation of California Penal Code 5 502(c)(4). 13 1. Defendants have knowingly and without pennission disrupted 01- caused the disruption of craigslist's computer services and/or have knowingly and without pennission denied or caused the denial of computer services to authorized users of craigslist's computers, computer services and/or computer network in violation of California Penal Code 502(c)(5). 40753-0043/LEGAL14665923.1 -1 8COMPLAINT 132. Defendants have knowingly and without permission provided or assisted in providing a means of accessing craigslist computers, computer systems, and/or computer network in violation of California Penal Code 5 502(c)(6). 133. Defendants have knowingly and without permission accessed or caused to be accessed craigslist computers, computer systems, and/or computer network in violation of California Penal Code 5 502(c)(7). 134. craigslist has suffered and continues to suffer damage as a result of Defendants' violations of the California Penal Code 5 502 identified above. 135. Defendants' conduct also has caused irreparable and incalculable harm and injuries to craigslist (including, but not limited to, craigslist's reputation and goodwill), and, unless enjoined, will cause further irreparable and incalculable injury, for which craigslist has no adequate remedy at law. 136. Defendants willfully violated California Penal Code 5 502 in disregard and derogation of craigslist's rights and the rights of legitimate craigslist users, and their actions as alleged above were carried out with oppression, fraud and malice. 137. Pursuant to California Penal Code 5 502(e), craigslist is entitled to injunctive relief, compensatory damages, punitive or exemplary damages, attorneys' fees, costs and other equitable relief. FIFTH CLAIM FOR RELIEF BREACH OF CONTRACT 138. 139. craigslist realleges and incorporates by reference all of the preceding paragraphs. Use of the craigslist website and use of craigslist services are governed by and subject to the TOUs. 140. At all relevant times, the main craigslist hoinepage and the homepage for each geographic region have provided links to the TOUs. 141. In addition, users are presented with the TOUs and must affirmatively accept the TOUs to register for a craigslist account to post ads. 40753-0043lLEGAL14665923.1 -19COMPLAINT 142. In addition, users are presented with the TOUs and must affirmatively accept the TOUs before they can post an ad without an account. 143. On information and belief, Defendants affirmatively accepted and agreed to the TOUs. 144. On information and belief, Defendants have repeatedly accessed and used craigslist's website and services, and thereby accepted the TOUs. 145. On information and belief, Defendants affirmatively accepted the TOUs by clicking the "ACCEPT the terms of use" option (not the "DECLINE the terms of use" option) when they set up accounts on craigslist. 146. On information and belief, Defendants affirmatively accepted the TOUs by clicking the "ACCEPT the terms of use" option (not the "DECLINE the terms of use" option) when they posted ads on craigslist. 147. 148. The TOUs are binding on Defendants. Defendants' actions, as described above, have willfully, repeatedly and systematically breached the TOUs. 149. craigslist has performed all conditions, covenants, and promises required of it in accordance with the TOUs. 150. Defendants' conduct has damaged craigslist, and caused and continues to cause irreparable and incalculable harm and injury to craigslist. 151. craigslist is entitled to injunctive relief, compensatory damages, liquidated damages under the TOUs, attorneys' fees, costs and/or other equitable relief. SIXTH CLAIM FOR RELIEF INDUCING BREACH OF CONTRACT 152. 153. craigslist realleges and incorporates by reference all of the preceding paragraphs. craigslist's TOUs constitute a valid and existing contract between craigslist and craigslist users. 154. Defendants had knowledge of the TOUs and of the valid and existing contract between craigslist and craigslist users created by the TOUs. COMPLAINT 155. 156. Defendants intended to induce users to breach their contract with craigslist. Users who were induced to utilize Defendants' products and services did in fact breach the TOUs by acts, including, but not limited to: Repeatedly posting the same or similar content; Posting the same item or service in more than one category; Posting the same item or service in more than one geographic area; Gaining unauthorized access to craigslist's computer systems; and Using "automated posting devices" to post to craigslist. 157. conduct. 158. Defendants1conduct has damaged craigslist, and caused and continues to cause These breaches of the TOUs were caused by Defendants' unjustified and wrongful irreparable and incalculable harm and injury to craigslist. 159. craigslist is entitled to injunctive relief, compensatory damages, liquidated damages under the TOUs, attorneys' fees, costs and/or other equitable relief. 160. craigslist is informed and believes that Defendants1conduct was undertaken with the intent to injure craigslist, or with a willful and conscious disregard of craigslistls rights, and coiistitutes clear and convincing evidence of oppression, fraud and malice under California Civil c o d e 5 3294. As a result, craigslist is entitled to an award of punitive damages against Defendants in an amount sufficient to deter them from future misconduct. SEVENTH CLAIM FOR RELIEF INTENTIONAL INTERFERENCE WITH CONTRACTUAL RELATIONS 161. craigslist realleges and incorporates by reference all of the preceding paragraphs. craigslist's TOUs constitute a valid and existing contract between craigslist and i 162. craigslist users. 163. Defendants had knowledge of the TOUs and of the valid and existing contract between craigslist and craigslist users created by the TOUs. 164. Defendants committed intentional and unjustified acts designed to interfere with ot disrupt the contract between craigslist and craigslist users. 40753-0043/LEGAL14665923.1 -2 1 COMPLAINT 165. Defendants caused actual interference with or disruption of relationships between craigslist and craigslist users. 166. Defendants' conduct has damaged craigslist, and caused and continues to cause irreparable and incalculable harm and injury to craigslist. 167. craigslist is entitled to injunctive relief, compensatory damages, liquidated damages under the TOUs, attorneys' fees, costs and/or other equitable relief. 168. craigslist is informed and believes that Defendants' conduct was undertaken with the intent to injure craigslist, or with a willful and conscious disregard for craigslist's rights, and constitutes clear and convincing evidence of oppression, fiaud and malice under California Civil Code 5 3294. As a result, craigslist is entitled to an award of punitive damages against Defendants in an amount sufficient to deter them from future misconduct. EIGHTH CLAIM FOR RELIEF FRAUD 169. 170. craigslist alleges and incorporates by reference all of the preceding paragraphs. On infonnation and belief, Defendants have repeatedly accessed and used craigslist's website and services, including, but not limited to, the post to classified, account registration and account log in portions and services of the website, and, in doing so, represented to craigslist that they would co~nply with the TOUs, and thus that they would not, ainong other things, use automated devices, post duplicative ads, post ads in multiple categories or multiple geographic areas, or otherwise abuse or interfere with the website or services. 171. On infonnation and belief, Defendants affirmatively accepted the TOUs by clicking the "ACCEPT the tenns of use" option (not the "DECLINE the tenns of use" option) when they set up accounts on craigslist, and thereby expressly represented to craigslist that they would comply with the TOUs, and thus that they would not, ainong other things, use automated devices, post duplicative ads, post ads in multiple categories or multiple geographic areas, or otherwise abuse or interfere with the website or services. 172. On information and belief, Defendants affinnatively accepted the TOUs by clicking the "ACCEPT the terms of use" option (not the "DECLINE the tenns of use" option) 40753-0043/LEGAL14665923.1 -22COMPLAINT when they posted ads on craigslist, and thereby expressly represented to craigslist that they would comply with the TOUs, and thus that they would not, among other things, use automated devices, post duplicative ads, post ads in multiple categories or multiple geographic areas, or otherwise abuse or interfere with the website or services. 173. craigslist reasonably relied on Defendants' representations to provide Defendants with access to portions of the craigslist website and access to certain services offered on the craigslist website. 174. 175. Defendants' representations that they would comply with the TOUs were false. Defendants have accessed and used the craigslist website and services, and, when they accepted the TOUs, they intended to, and did, access and use the craigslist website and services, in violation of the TOUs as described above. 176. On information and belief, when Defendants accepted the TOUs and accessed and used craigslist's website and services, they concealed fi-om craigslist their true intent to violate the TOUs. 177. As a result of Defendants' fraudulent representations and omissions, Defendants obtained iiiforrnation about the structure and operating features of craigslist's website and services to enable them to design, test and operate their auto-posting software and services and related devices. 178. Defendants' conduct has damaged craigslist, and caused and continues to cause irreparable and incalculable harm and injury to craigslist. 179. craigslist is entitled to injunctive relief, compensatory damages, liquidated damages under the TOUs, attorneys' fees, costs and/or other equitable relief. 180. craigslist is informed and believes that Defendants' conduct was undertaken with the intent to injure craigslist, or with a willful and conscious disregard for craigslist's rights, and constitutes clear and convincing evidence of oppression, fraud and malice under California Civil Code fj 3294. As a result, craigslist is entitled to an award of punitive damages against Defendants in an ainount sufficient to deter them from future misconduct. COMPLAINT VII. PRAYER FOR RELIEF WHEREFORE, plaintiff craigslist, Inc. prays for the following relief: 1. A preliminary injunction and permanent injunction enjoining and restraining all Defendants, their employees, representatives, agents, and all persons or entities acting in concert with them during the pendency of this action and thereafter perpetually from: (a) Manufacturing, developing, creating, adapting, modifying, exchanging, offering, distributing, selling, providing, importing, trafficking in, or using any automated device or computer program (including, but not limited to, any technology, product, service, device, component, or part thereof) that enables postings on craigslist without each posting being entered manually; (b) Manufacturing, developing, creating, adapting, modifying, exchanging, offering, distributing, selling, providing, importing, making available, trafficking in, or using content that uses automated means (including, but not limited to, spiders, robots, crawlers, data mining tools, and data scraping tools) to download or otherwise obtain data from craigslist; (c) Engaging in any activity that disrupts, diminishes the quality of, interferes with the perfonl~ance or impairs the functionality of, craigslist's services or the craigslist of, website; (d) Copying, distributing, displaying, creating derivative works or otherwise using protected elements of craigslist's copyrighted website (located at www.craigslist.org), including, but not limited to, the website's post to classifieds, account registration and account log in expressions and compilations, and from inducing, encouraging, causing or materially contributing to any other person or entity doing the same; (e) Circumventing technological measures that control access to craigslist's copynghted website and/or portions thereof (including, but not limited to, CAPTCHAs and RECAPTCHAs), and from inducing, encouraging, causing or materially contributing to any other person or entity doing the same; (f) Manufacturing, developing, creating, adapting, modifying, exchanging, offering, selling, distributing, providing, creating, importing, trafficking in, or using technology, 40753-0043lLEGAL14665923. I -24COMPLAINT products, services, devices, components, or parts thereof, that are primarily designed or produced for the purpose of circumventing technological measures and/or protection afforded by technological measures that control access to craigslist's copyrighted website and/or portions thereof, and from inducing, encouraging, causing or materially contributing to any other person or entity doing the same; (g) Accessing or attempting to access craigslist's computers, computer systems, computer network, computer programs, and data, without authorization or in excess of authorized access, including, but not limited to, creating accounts or posting content on the craigslist website, and from inducing, encouraging, causing, materially contributing to, aiding or abetting any other person or entity to do the same; (h) Manufacturing, developing, creating, adapting, modifying, exchanging, offering, selling, distributing, providing, importing, trafficking in, purchasing, acquiring, transferring, marketing or using any program, device, or service designed to provide an automated means of accessing craigslist's website, automated means of creating craigslist accounts, or automated means of posting ads or other content on the craigslist's website, including, but not limited to, any program, device, or service that is, in whole or in part, designed to circumvent security measures on the craigslist website; (i) Repeatedly posting the same or similar content on craigslist, posting the same item or service in more than one category on craigslist, posting the same item or service in more than one geographic area on craigslist, and from inducing, encouraging, causing, assisting, aiding, abetting or contributing to any other person or entity doing the same. Cj) Posting ads on behalf of others, causing ads to be posted on behalf of others, and accessing craigslist to facilitate posting ads on behalf of others; (k) Using, offering, selling or otherwise providing a third-party agent, service, or intermediary to post content to craigslist; (1) Misusing or abusing craigslist, the craigslist website and craigslist services in any way, including, but not limited to, violating the craigslist TOUs; and 40753-0043lLEGAL 14665923.1 -25COMPLAINT (m) whatsoever. 2. Accessing or using craigslist's website for any coininercial purpose An order requiring Defendants to account for, hold in constructive trust, pay over to craigslist, and otherwise disgorge all profits derived by Defendants froin their unlawful conduct and unjust enrichment as permitted by law; 3. An award to craigslist of damages, including, but not limited to, liquidated, compensatory, statutory, and punitive damages, as permitted by law; 4. For an award of prejudgment and post-judgment interest; and An award to craigslist of its costs of suit, including, but not limited to, reasonable 5. attorneys' fees, as permitted by law; 6. For such other relief as the Court deems just and proper. DATED: November 5,2008 PERKINS COIE LLP By: ~~enness3$~erkinscoie.c&' Elizabeth L. McDougall (WA Bar No. 27026) EMcDougall@pei-kinscoie.com Attorneys for Plaintiff craigslist, Inc. COMPLAINT DEMAND FOR JURY TRIAL Plaintiff hereby demands a jury trial of all issues in the above-captioned action which are triable to a jury. DATED: November 5,2008 PERWNS COIE LLP By: ~~enness~@~erkinsco~com Elizabeth L. McDougall (WA Bar No. 27026) EMcDougall@perkinscoie.coin Attorneys for Plaintiff craigslist, Inc. COMPLAINT Exhibit A craigslist terms of use Page 1 of 10 craigslist > about > __ .., _._.of use . . . terms . _._ _.. .--.. . . , -.<-, ,. ,- , . ... . . __ .. ^__ _>._-.. _ ... .-.- ,.- .-.. -1-1 . I-.--... I . . .- --.,-. .. ---.. CRAIGSLIST TERMS OF USE 1. ACCEPTANCE OF TERMS craigslist provides a collection of online resources, including classified ads, forums, and various email services, (referred to hereafter as "the Service") subject to the following Terms of Use ("TOU").By using the Service in any way, you are agreeing to comply with the TOU. In addition, when using particular craigslist services, you agree to abide by any applicable posted guidelines for all craigslist services, which may change from time to time. Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with craigslist in any way, your only recourse is to immediately discontinue use of craigslist. craigslist has the right, but is not obligated, to strictly enforce the TOU through self-help, community moderation, active investigation, litigation and prosecution. 2. MODIFICATIONS TO THIS AGREEMENT We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of the Too at: 3 . CONTENT You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("ContentN) posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item")of Content that you post, email or otherwise make available via the Service. You understand that craigslist does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the craigslist site and Content available through the Service may contain links to other websites, which are completely independent of craigslist. craigslist makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other webites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will craigslist be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that craigslist does not pre-screen or approve Content, but that craigslist shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOU or for any other reason. craigslist terms of use 4. THIRD PARTY CONTENT, SITES, AND SERVICES rage L UI I U The craigslist site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of craigslist, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that craigslist shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that craigslist is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release craigslist, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: " A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor." 5. NOTIFICATION OF CLAIMS OF INFRINGEMENT If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify craigslist's agent for notice of claims of copyright or other intellectual property infringement ("Agent'l),at or: Copyright Agent craigslist 1381 9th Avenue San Francisco, CA 94122 Please provide our Agent with the following Notice: a) Identify the material on the craigslist site that you claim is infringing, with enough detail so that we may locate it on the website; b) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; C) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of craigslist terms of use yage 3 or IU the copyright interest involved or that you are authorized to act on behalf of that owner; d) Your address, telephone number, and email address; and e) Your physical or electronic signature. craigslist will remove the infringing posting(s), subject to the the procedures outlined in the Digital Millenium Copyright Act (DMCA). 6. PRIVACY AND INFORMATION DISCLOSURE craigslist has established a Privacy Policy to explain to users how their information is collected and used, which is located at the following web address : Your use of the craigslist website or the Service signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that craigslist may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the TOU; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g.phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of craigslist, its users or the general public. 7. CONDUCT You agree not to post, email, or otherwise make available Content: a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way; b) that is pornographic or depicts a human being engaged in actual sexual condu including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same o opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person; C) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; d) that violates the Fair Housing Act by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics); el that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, craigslist terms of use sex, national origin, age, or disability 1 with respect to employers that employ four or more employees, that violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract. g) that impersonates any person or entity, including, but not limited to, a craigslist employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.); h) that includes personal or identifying information about another person without that person's explicit consent; i) that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch"; j that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships; k) that constitutes or contains 'affiliate marketing," "link referral code," "junk mail," 'Ispam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement: 1) that constitutes or contains any form of advertising or solicitation if: posted in areas of the craigslist sites which are not designated for such purposes; or emailed to craigslist users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests rn) that includes links to commercial services or web sites, except as allowed in services"; n) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by California law. A partial list of prohibited items for sale and prohibited services offered is provided at the following web address for your convenience: 01 that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; p ) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users1 ability to use the Service; or q ) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service. Additionally, you agree not to: r) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose; craigslist terms of use S) I1stalkfl otherwise harass anyone; or t) collect personal data about other users for commercial or unlawful purposes ; u) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by craigslist; V) post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure; W) post the same item or service in more than one classified category or forum, or in more than one metropolitan area; X) attempt to gain unauthorized access to craigslist's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the craigslist website; or y) use any form of automated device or computer program that enables the submission of postings on craigslist

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