craigslist, Inc. v. Szczodroski

Filing 15

STIPULATION AND ORDER FOR PERMANENT INJUNCTION AND FINAL JUDGMENT. Signed by Judge ARMSTRONG on 2/6/09. (lrc, COURT STAFF) (Filed on 2/6/2009) Modified on 2/10/2009 (jlm, COURT STAFF).

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Brian Hennessy (SBN 226721) E-mail: [e-mail] Perkins Coie LLP 101 Jefferson Drive Menlo Park, CA 94025-1114 Telephone: [phone] Facsimile: [phone] Elizabeth L. McDougall, WA Bar No. 27026 (pro hac 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. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION

craigslist, Inc., a Delaware corporation, Plaintiff, v. Jeffray Szczodroski d/b/a craigslistpostingexperts.com, and Does 1 through 25, inclusive, Defendants.

Case No. CV-08-5061 SBA STIPULATION AND ORDER AND PERMANENT INJUNCTION FINAL JUDGMENT

I.

STIPULATION TO A PERMANENT INJUNCTION

Plaintiff craigslist, Inc. and Defendant Jeffray Szczodroski ("Defendant") stipulate to entry of an Order and Permanent Injunction, the terms of which are set forth below: 1. The Court has jurisdiction over the subject matter at issue in this action.

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2.

The Court has personal jurisdiction over Defendant for the purposes of entry and

enforcement of this Stipulation and Order and Permanent Injunction and the parties' Settlement Agreement and Release. 3. Defendant, his officers, agents, servants, employees, successors, and assigns, and

any persons acting in active concert or participation with him who receive actual notice of this Stipulation and Order and Permanent Injunction by personal service or otherwise are immediately and permanently and forever enjoined from: (a) (b) (c) craigslist; (d) Posting ads on behalf of others, causing ads to be posted on behalf of 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

others, and accessing craigslist to facilitate posting ads on behalf of others; (e) craigslist; (f) Using any automated device or computer program that enables postings on Using a third-party agent, service, or intermediary to post content to

craigslist without each posting being entered manually (an "automated posting device"), including, without limitation, the use of any automated posting device to submit postings to craigslist in bulk; (g) 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; (h) Engaging in any activity that disrupts, diminishes the quality of, interferes

with the performance of, or impairs the functionality of, craigslist's services or the craigslist website; (i) Copying, distributing, displaying, creating derivative works or otherwise

using protected elements of craigslist's copyrighted website (located at www.craigslist.org),
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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; (j) Circumventing technological measures that control access to craigslist's

copyrighted website and/or portions thereof (including, but not limited to, CAPTCHAs, RECAPTCHAs, and telephone verification systems), and from inducing, encouraging, causing or materially contributing to any other person or entity doing the same; (k) Manufacturing, developing, creating, adapting, modifying, exchanging,

offering, distributing, selling, providing, importing, trafficking in, or using 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 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; (l) 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 multiple accounts or posting content on the craigslist website in excess of the limitations set by craigslist, and from inducing, encouraging, causing, materially contributing to, aiding or abetting any other person or entity to do the same; (m) 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;

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(n)

Misusing or abusing craigslist, the craigslist website and craigslist services

in any way, including, but not limited to, violating the craigslist Terms of Use; (o) whatsoever; and (p) Using the CRAIGSLIST mark and any confusingly similar designations in Accessing or using craigslist's website for any commercial purpose

Internet advertisements and otherwise in commerce in any manner likely to confuse consumers as to their association, affiliation, endorsement or sponsorship with or by craigslist. 4. This Stipulation and Order and Permanent Injunction is final and may not be

appealed by either party. 5. The Clerk of the Court shall enter Judgment pursuant to this Order.

IT IS SO AGREED.

Dated: _________ ____, 2008

PERKINS COIE LLP By: Attorneys for Plaintiff craigslist, Inc.

Dated: _________ ____, 2008

craigslist, Inc. By Its CEO

Dated: _________ ____, 2008

JEFFRAY SZCZODROSKI By

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II.

ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED. IT IS FURTHER ORDERED that the Clerk of the Court shall enter Judgment in favor of plaintiff and against defendant pursuant to this Order.

Dated: 2/6/09 HONORABLE SAUNDRA BROWN ARMSTRONG

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