Craigslist, Inc. v Mark Adamczyk

Filing 21

STIPULATION AND ORDER and PERMANENT INJUNCTION 20 , ***Civil Case Terminated. Signed by Judge Ronald M. Whyte on 3/4/09. (jg, COURT STAFF) (Filed on 3/4/2009)

I
2

Brian Hcnncssy (SBN 226721)

E-mail: [e-mail]
Perkins Coie LLP 101 Jefferson Drive

3
4 5

Menlo Park, CA 94025-1114 Telephone: [phone]
Facsimile: [phone]

6 7
8 9 10
II

Perkins Coie LLP 1201 Third Avenue, Suite 4800 Seattle, Washington 98101-3099 Telephone: [phone] Facsimile: [phone]
Attorneys for Plaintiff
craigslist, Inc.

E-mail: EMcDougall(3lperkinscoie.com

Elizabeth L. McDougall, WA Bar No. 27026 {pro hoc vice)

*E-FILED - 3/4/09*

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA
15

SAN JOSE DIVISION

16 17 18
19

craigslist. Inc., a Delaware corporation,
Plaintiff,
v.

CaseNo.5:08-CV-5070 RMW

STIPULATION AND ORDER AND

PERMANENT INJUNCTION

20

Mark Adamczyk, CLPS, Inc., Web9.org
inclusive,

9°7' Imoria'"««. and Does 1 through 25,

22 I
23 24
25

21

Defendants.

STIPULATION TO A PERMANENT INJIINrTinM

Plaintiff craigslist, Inc. and Defendants Mark Adamczyk, CLPS. Inc., Web9.org Corp.,

26
28

and Imoria Inc. ("Defendants") stipulate to entry of an Order and Permanent Injunction, the terms
of which are set forth below:

«75J-KMM.ECMLIS21S423.|

.].

CASE NO. S:(M-CV.5O7O RMW
STIPULATED PERMANENT INJUNCTION

I

1
2

1.

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

2.

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

3

enforcement of this Stipulation and Order and Permanent Injunction and the parties' Settlement
Agreement and Release.

3.

Defendants, their officers, agents, servants, employees, successors, and assigns,

and any persons acting in active concert or participation with them 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:
9

(a)

Repeatedly posting the same or similar content on craigslist;

10
11

(b)
(c)
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

12

13
14

(d)

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;
(e)
craigslist;

IS

Using a third-party agent, service, or intermediary to post content to

16
17 18 19
20

(f)

Using any automated device or computer program that enables postings on

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;

21 I
22

<g)

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

offering, distributing, selling, providing, importing, making available, trafficking in, or using

23 24

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;
with the performance of, or impairs the functionality of, craigslisfs services or the craigslist
website;

25 I
26
27
28

P>)

Er|ga6«ng in any activity that disrupts, diminishes the quality of, interferes

40753.0043/UGALIS2IS423.1

Z

UWMIM1.MK1M070 MIW
STIPULATED PERMANENT INJUNCTION

3 2

(i)

Copying, distributing, displaying, creating derivative works or otherwise

using protected elements of craigsiist's copyrighted website (located at www.craigslist.org),

3
4 5 6
7

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;

0)

Circumventing technological measures that control access to craigsiist's

copyrighted website and/or portions thereof (including, but not limited to, CAPTCHAs, RE-

8
9 10
II

CAPTCHAs, 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

12 13

purpose of circumventing technological measures and/or protection afforded by technological measures that control access to craigsiist's copyrighted website and/or portions thereof, and from
inducing, encouraging, causing or materially contributing to any other person or entity doing the
same;

14 15
16 17

(I)

Accessing or attempting to access craigsiist's computers, computer

18
19 20
21

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;

22 23
24

(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 craigsiist's website, automated means of creating craigslist
accounts, or automated means of posting ads or other content on the craigsiist's website,

25

26
27 28

40753^3/LEOAL,5:.«23.,

.3.

CASE NO. *O8.CV.*,7O RMV,
STIPULATED PERMANENT INJUNCTION

including, but not limited to, any program, device, or service that is, in whole or in part, designed
2 3
4

to circumvent security measures on the craigslist website; (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

5
6

Accessing or using craigslist's website for any commcrciul purpose

7

(p)

Using the CRAIGSLIST mark and any confusingly similar designations in

8
9 ID
11 12

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 Permanenl Injunction is final and may not be

appealed by cither party.

5.

The Clerk of the Court shall enter Judgment pursuant to this Order.

13
14

IT IS SO AGREED.

15
16

Dated:

n

2009

PERKINS COIE llp

17
18

Attorneys for Plaintiff
craigslist, Inc.

19 20
21 22 23

Dated:

,2009

craigslist, In By.

-rfSCE CEO

24
25 26 27 28

Dated:

009

MARK

X

J07S3-0O.13/LEGAL1521M23.I

4-

CAHE NO. 5.08-CV-SOTO RMW

STIPULATED PERMANENT INJUNCTION

1 2 3 Dated:

4
5
6 7 Dated:

Its

- .2009

WEB9.

8

9
10
11

Its CEO

Dated:

-2^009

IMO

12 13 14 IS

Its CEO

16
17 18 19 20
21

II.

ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED.

IT IS FURTHER ORDERED that the Clerk of the Court shall enter Judgment pursuant to
this Order.

22

Dated:

3/4

.2009

23
24 25

HONORABLE RONALD M. WHYTE

26
27 28
,07S3^043«.BOAL,52,5423.,
CASENO. 5:08-CV-5070 RMW

STIPULATED PERMANENT INJUNCTION