$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

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