Monthly Archives: August 2016

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Malibu Media Litigation Program: “Exactly” What The Copyright Act Is For

In a recent podcast, Anandashankar Mazumdar, the legal editor of BNA’s Patent, Trademark & Copyright Journal notes:

“The Copyright act is intended to give creators legally enforceable rights, now Malibu Media is doing exactly what the copyright act seems to contemplate they will do. They will create works, sell them and distribute them and if somebody infringes their right they will go to court and make them stop.”

The full audio of the Aug 15, 2016 CODE & CONDUIT Podcast:

 

$10,000 Judgment for Downloading in Louisiana

Plaintiff ELargo Holdings, owner of the motion picture Close Range (IMDB) has obtained a $10,000 judgment against a BitTorrent infringer, together with a permanent injunction against their use of BitTorrent in violation of U.S. copyright law.

The case is ELargo Holdings, LLC v. Doe-104.5.232.186, E.D.LA. 2:16-cv-02867

For a copy of the judgment and permanent injunction: 2:16-cv-02867 Judgment and Order

$35,000 Awarded In Pair of BitTorrent Cases

In a pair of case the Federal Courts has awarded over $35,000 for the download of the motion picture The Cobbler. Both cases were defaults, with the defendants ignoring the proceedings.

Costs and fees added to the award, brings the final sums the defendants will have to pay to $17,437 ($15,000 in statutory damages, $1,950 in attorney fees, and $487 in costs) in the case of Cobbler Nevada v. Jokic, 8:15-cv-2653-T-27TBM, and $18,382 ($15,000 in statutory damages, $2,895 in attorney fees and $487 in costs) in the case of Cobbler Nevada v. Woodward, 8:15-cv-2652-T-33AEP.

As noted by one judge:

Given the widespread practice of illegally downloading movies online, it is likely others besides Woodard will download The Cobbler. Accordingly, damages should be sufficiently high to deter third-party infringement. See Clever Covers, Inc. v. Sw. Fla. Storm Def., LLC, 554 F. Supp. 2d 1303, 1306 (M.D. Fla. 2008) (awarding

$31,000 in statutory damages for each copyright infringed). Statutory damages may be calculated to deter future unlawful conduct. See St. Luke’s Cataract & Laser Inst., P.A. v. Sanderson, 573 F.3d 1186, 1205 (11th Cir. 2009) (in calculating damages for willful infringement “deterrence of future violations is a legitimate consideration”) (internal citations omitted). …

* * *

After weighing the applicable factors, this court finds statutory damages of $15,000 is appropriate and is awarded against Woodard in favor of Cobbler Nevada. Id. (awarding $25,000 in statutory damages for using BitTorrent to infringe on a motion picture copyright).

– Cobbler Nevada v. Woodward, 8:15-cv-2652-T-33AEP

The relevant opinions and awards:

15-cv-2653-T-27TBM-Judgment $17,437

15-cv-2653-T-27TBM-Opinion

15-cv-2652-T-33AEP-Judgment $18,382

15-cv-2652-T-33AEP-Opinion

Malibu Media v. Tashiro, et al. : $21,000 Damages, $199,000 In Costs And Fees

The long running case of Malibu Media v. Tashiro is one step closer to being closed today with Malibu Media being awarded $199,040.53 in costs and fees. Previously Malibu Media was awarded $21,000 in damages.

The case involves the BitTorrent download of 28 Malibu Media films. After long denying any involvement, the Tashio’s were revealed to have committed perjury and spoliation, the destruction of evidence. As per the Findings and Recommendations:

Here, the Court finds by clear and convincing evidence that Defendants have engaged in a similar pattern of misconduct. Defendants spoiled evidence, committed perjury, and failed to discharge their duties to conduct discovery reasonably and in good faith. They lied to the opposing party; they withheld the existence of material evidence; and they deleted potentially damaging computer files the very night before they were to relinquish such files for discovery. Just as in the cases cited above, this extensive pattern of conduct warrants the harshest of sanctions, and the Magistrate Judge accordingly recommends that the Court enter default judgment against both Defendants.

May, 18, 2015 Findings and Recommendations.

The Court then entered a default judgment in favor of Malibu Media in the amount of $21,000 on November 24, 2015.

After significant further briefing and opposition by the Tashiro’s, on August 2, 2016, the Court went on to award Malibu Media and additional $199,040.53 in costs and fees.

The relevant documents:

13-cv-00205 Malibu Media v. Tashiro Sanctions Order

13-cv-00205 Malibu Media v. Tashiro $21,000 Judgment

13-cv-00205 Malibu Media v. Tashiro $199,040.53 Fee Award