Craigslist, Inc. v. McGuire

Filing 21

Proposed Order Final Judgment on Consent by Craigslist, Inc.. (Hennessy, Brian) (Filed on 6/30/2011)

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Brian Hennessy (SBN 226721)
&mail: BHennessy(tUperkinscoie.com
Perkins Coie LLP
3150 Porter Drive
Palo Alto, CA 94304-1212
Telephone: [phone]
Facsimile: [phone]

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Joseph M. McMillan, WA BarNo. 26527 (admiltedprohac vice)
E-mail: [e-mail]
Perkins Coie LLP
1201 Third Avenue. Suite 4800
Seattle, ,Washington 98101-3099
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
craigslist, Inc.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DMSION

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CRAIGSLlST, INC., a Delaware
corporation,

FINAL JUDGMENT ON CONSENT

Plaintiff,

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Case No. CV-I0-5830 CRB

v.
THOMAS G. MCGUIRE, a Florida
resid~nt.

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Defendant.

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CONFESSION. CONSENT AND STIPULATION TO JUDGMENT

Defendant Thomas G. McGuire ("Defendant") confesses, consents. and stipulates with

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Plaintiff craigslist. Inc. ("craigslist") to judgment in favor of craigslist and authorizes the Court to

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enter judgment granting monetary and permanent injunctive relief against Defendant and in favor

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of craigslist as set forth below. This Final Judgment on Consent ("Consent Judgment") arises out

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of craigslist's assertion of claims and damages caused by Defendant's development, use,
407S3-0431LEGAL21139913.1

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CV-l0-S830 CRB
FINAL JODGMENT ON CONSENT

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distribution, and sale of products and services that enable users to access and use craigslist's

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website at www.craigslist.org (the "Website") and onHne resources (collectively, the "Services")

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without authorization or in excess of authorization, including, but not limited to, selling craigslist

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telephone-verified accounts to users, through onHne forums, websites, and by other means, and

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the parties' agreement to settle craigslist's claims (the "Settlement Agreement"). This Final

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Judgment on Consent does not alter or supersede the obligations of any parties pursuant to that

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Settlement Agreement.

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Specifically, in accordance with the Settlement Agreement, Defendant confesses, consents
and stipulates with craigslist to judgment as follows:

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1.

This Court has jurisdiction over the subject matter at issue in this action.

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2.

This Court has personal jurisdiction over Defendant for the purposes of this

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litigation, and for entry and enforcement of this Consent Judgment and enforcement of the

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Settlement Agreement.

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3.

An award of monetary relief against Defendant and in favor of craigslist in the

total amount of Two Million Eight Hundred Thousand Dollars (U.S. $2,800,000.00).

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Entry of a permanent injunction against Defendant and in favor of craigslist

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immediately, permanently and forever enjoining Defendant, and his successors, assigns,

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employees, agents, representatives and all persons and entities acting in concert or participation

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with Defendant who receive actual notice of this Consent Judgment by personal service or

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otherwise, from:

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(a)

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Posting the same or similar content more than once every 48 hours on the

Services;

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(b)

Posting the same or similar content in more than one category on the Services;

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(c)

Posting the same or similar content in more than one geographic area on the

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Services;
(d)

Posting content on beha1f of others, causing content to be posted on behalf of

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others, facilitating the posting of content on behalf of others and accessing the Website or

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Services to facilitate posting content on behalf of others;
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(e)

Using a third-party agent, service, or intennediary to post content to the Services;

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(f)

Using any automated device or computer program that enables postings on the

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Services without each posting being entered manually (an "automated posting device").

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including. without limitation, the use of any automated posting device to submit postings to the

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Services in bulk;

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(g)

Manufacturing. developing, creating, adapting. modifying, exchanging, offering,

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distributing, selling, providing, importing, trafficking in, or using any device, program, service or

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technique that employs automated means (including. but not limited to, spiders, robots, crawlers,

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data mining tools, and data scraping tools) to download or otherwise obtain data from the Website

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or Services;
(h)

Engaging in any activity that disrupts, diminishes the quality of, interferes with the

perfonnance of, or impairs the functionality of the Website or Services;
(i)

Copying, distributing. displaying, creating derivative works, or otherwise using

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protected elements of the Services (or inducing. encouraging. causing, materially contributing to,

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aiding or abetting any other person or entity doing the same). including, but not limited to,

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craigslist's post-to-classifieds, account registration and account log-in expressions and

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compilations;

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Circumventing technological measures that restrict or control access to all or parts

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of the Website or Services (including, but not limited to, telephone-verified accounts,

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CAPTCHAs. and RE-CAPTCHAs). or inducing. encoumging. causing, materially contributing

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to. aiding or abetting any other person or entity doing the same;

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(k)

Manufacturing. developing, creating, adapting, modifying, exchanging, offering,

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distributing, selling, providing,. importing, trafficking in, or using technology, products, services,

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devices, components, or parts thereof. that are primarily designed or produced for the purpose of

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circumventing technological measures that restrict or control access to the Website or Services (or

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portions thereof) or that otherwise protect cmigslist's rights as a copyright owner (or inducing,

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encouraging, causing, materially contributing to, aiding or abetting any other person or entity

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doing the same);
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(I)

Accessing or attempting to access craigslist's computers, computer systems,

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computer network. computer programs or data without authorization or in excess of authorized

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access, including, but not limited to. creating accounts or posting content on the Services (or

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inducing, encouraging, causing, materially contributing to, aiding or abetting any other person or

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entity doing the same);

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(m)

Manufacturing, developing, creating, adapting, modifying, exchanging, offering,

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selling, distributing, providing, importing, trafficking in, purchasing, acquiring, transferring,

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marketing or using any program, device. technique or service designed to provide an automated

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means of accessing the Website or Services, automated means of creating accounts, automated

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means of posting ads, responses, or other content, or automated means of flagging content on the

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Services, including, but not limited to, any program, device, technique or service that is, in whole

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or in part, designed to circumvent security measures on the Website or Services;

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(n)

Misusing or abusing craigslist, the Website or the Services in any way, including,

but not limited to, violating the Terms of Use;

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(0)

Accessing or using the Services for any commercial purpose whatsoever,

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(p)

Using the CRAIGSLIST mark and any confusingly similar designations in domain

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names, Internet advertisements and otherwise in commerce in any manner likely to confuse

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consumers as to their association, affiliation, endorsement or sponsorship with or by craigslist;

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and

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(q)

Owning. operating, participating in, or contributing to in any way, any proxy

service that permits users to post ads to craigslist's Services.

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This Consent Judgment reflects the negotiated agreement of the parties and

Defendant has entered into this Consent Judgment freely and without coercion. This Consent
Judgment is final and may not be appealed by any party.

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407S3·043ILEGAL21139913 .1

CV-Io.S830 CRB
FINAL JUDGMENT ON CONSENT

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IT IS SO AGREED AND STIPULATED.

Dated: _b_/_~_O_-->. 2011

BY~/C~
Defendant

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Thomas G. McGuire

Dated: _ _ _ _--', 2011

HINCH NEWMAN LLP

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By

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Attorneys for Defend~t

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:ru~·c~ruu~d=B~.N=e-wm--~-------------

Dated: _ _ _ _--', 2011

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craigslist, Inc.
By~

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________________________

Jim Buckmaster
Chief Executive Officer

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Dated: _ _ _ _ _• 2011

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PERKINS COlE LLP
By _____~~~~--____-

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Attorneys for Plaintiff craigslist, Inc.

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407S3-043ILEGAL21139913.1

CV-IO-S830 CRB
FINAL 1UDGMENT ON CONSENT

IT IS SO AGREED AND STIPULATED.
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Dated: _b_I_;}._O_. 2011

BY~L~
Defendant

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Tbomas G. McGuire

Dated:

"3"...L..c.l. ZO, 2011

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Dated: _ _ _ _ _.2011

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craigslist, Inc.
B~

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~m Buckmaster

Chief Executive Officer

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40753-043/LEGAL211399IJ.1

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CV-IO-S830 CRB
FlNAl. JUDGMENT ON CONSENT

II.

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JUDGMENT

PURSUANT TO THE FOREGOING CONFESSION, CONSENT AND STIPULATION
TO JUDGMENT BY THE PARTIES, THE COURT HEREBY ENTERS JUDGMENT AS SET
FORTH ABOVE.

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Dated: _ _ _ _ _ _, 2011
HONORABLE CHARLES R. BREYER
U.S. District Court Judge

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40753-043/LEGAL21139913.1

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CV-IO-5830 CRB
FINAL JUDGMENT ON CONSENT