Infringer Receives Lifetime Ban From BitTorrent

In an Order issued in the District of Oregon on Nov. 5, 2015, an infringer has received an lifetime ban forbidding his use of “BitTorrent or the Internet for the copying or downloading of unlicensed copyrighted content.”

The order states:

(3) Defendant Justin Klemmer’s conduct has been willful, intentional, in disregard of and indifferent to plaintiff’s rights with the intent to deprive plaintiff of income and cause plaintiff harm.

(4) Statutory damages are proper to both compensate the plaintiff and provide notice and to act as a deterrence to others. Sony BMG Music Entm’t v. Tenenbaum, 660 F.3d 487, 500 (!st Cir. 2011), cert. denied, (U.S. May 21, 2012). To compensate the plaintiff and provide proper notice and deterrence to others, statutory damages in the sum of $10,000 are awarded plaintiff.

(5) A permanent injunction is ordered enjoining defendant from infringing plaintiffs rights in their motion picture, including without limitation using the internet to reproduce, distribute or copy plaintiffs motion picture, and further directing defendant to destroy all unauthorized copies of plaintiffs motion pictures and to delete all software used to make or distribute those copies or exchange unlicensed content using the BitTorrent protocol.

(6) Defendant is further enjoined from using BitTorrent or the Internet for the copying or downloading of unlicensed copyrighted content.

Plaintiff was also awarded costs and fees to be determined.

The case is Dallas Buyers Club v. Klemmer, 6:15-cv-00612, D. OR. Nov. 5, 2015.

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