Indiana Copyright Litigation Update – Countryman Nevada v. Does 1-16

They’re back! Just when you thought the BitTorrent download cases had stopped in Indiana, Nicoletti is back with a new lawsuit involving “Charlie Countryman,” a film starring Shia LaBeouf, Rupert Grint and Evan Rachel Wood. The film was released November 15, 2013 in the United States to largely negative reviews. Having failed at the box office, the producers have apparently turned to lawyers to recoup some of their costs from the 16 Hoosiers unlucky enough to have (allegedly) downloaded the film.

Countryman Nevada LLC v. Does 1-16

Court Case Number: 1:14-cv-00019-RLM-RBC
File Date: Friday, January 24, 2014
Plaintiff: Countryman Nevada LLC
Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates PLLC
Defendant: Does 1-16
Cause: Copyright Infringement
Court: Northern District of Indiana
Judge: Judge Robert L. Miller, Jr.
Referred To: Magistrate Judge Roger B. Cosbey

Indiana Copyright Litigation Update – TCYK v. John Does 1-14

TCYK, LLC v. John Does 1-14

Court Case Number: 1:13-cv-01629-WTL-DML
File Date: Friday, October 11, 2013
Plaintiff: TCYK, LLC
Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates PLLC
Defendant: John Does 1-14
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge William T. Lawrence
Referred To: Magistrate Judge Debra McVicker Lynch

Indiana Copyright Litigation Update – Malibu Media v. John Doe subscriber assigned IP address 50.129.162.170

Malibu Media, LLC v. John Doe subscriber assigned IP address 50.129.162.170

Court Case Number: 1:13-cv-01518-WTL-TAB
File Date: Friday, September 20, 2013
Plaintiff: Malibu Media, LLC
Plaintiff Counsel: Paul J. Nicoletti of Nicoletti and Associates
Defendant: John Doe subscriber assigned IP address 50.129.162.170
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge William T. Lawrence
Referred To: Magistrate Judge Tim A. Baker

See other Indiana Download Cases.

Indiana Copyright Litigation Update – Malibu Media v. John Doe subscriber assigned IP address 50.129.8.71

MALIBU MEDIA, LLC v. John Doe subscriber assigned IP address 50.129.8.71

Court Case Number: 1:13-cv-01520-SEB-DML
File Date: Friday, September 20, 2013
Plaintiff: Malibu Media, LLC
Plaintiff Counsel: Paul J. Nicoletti of Nicoletti and Associates
Defendant: John Doe subscriber assigned IP address 50.129.8.71
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Debra McVicker Lynch

See other Indiana Download Cases.

Default Judgment of $38,645 Entered Against BitTorrent Download Defendant

Another Default Judgment has been ordered in an Indiana BitTorrent download case. It is slightly higher than a similar award in May, due to greater attorneys’ fees.

Defendant shall pay to Plaintiff the sum of $36,000.00 in statutory damages and $2,645.00 for attorneys’ fees and costs, as authorized under 17 U.S.C. § 505, making a total of $38,645.00.

Malibu Media, LLC v. John Does 1-23

Court Case Number:    1:12-cv-00841-SEB-DKL
File Date:    Monday, June 18, 2012
Plaintiff:     Malibu Media, LLC
Plaintiff Counsel:     Paul J. Nicoletti of Nicoletti & Associates, PLLC
Defendant:     John Does 1-23
Cause:    Copyright Infringement, Contributory Infringement
Court:    Southern District of Indiana
Judge:     Judge Sarah Evans Barker
Referred To: Magistrate Judge Mark J. Dinsmore

Other Indiana Download Cases

Indiana Copyright Litigation Update – Malibu Media v. John Doe 12

Malibu Media LLC v. John Doe 12

Related Case: Malibu Media LLC v. John Does 1-14 (Romantic Memories)

Court Case Number: 1:13-cv-00166-PPS-RBC
File Date: Wednesday, May 22, 2013
Plaintiff: Malibu Media LLC
Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates PLLC
Defendant: John Doe 12
Cause: Copyright Infringement
Court: Northern District of Indiana
Judge: Chief Judge Philip P. Simon
Referred To: Magistrate Judge Roger B. Cosbey

Indiana Copyright Litigation Update – Malibu Media v. John Doe 5

Malibu Media LLC v. John Doe 5

Related Case: Malibu Media LLC v. John Does 1-14 (Romantic Memories)

Court Case Number: 1:13-cv-00164-PPS-RBC
File Date: Wednesday, May 22, 2013
Plaintiff: Malibu Media LLC
Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates PLLC
Defendant: John Doe 5
Cause: Copyright Infringement
Court: Northern District of Indiana
Judge: Judge Robert J. Jonker
Chief Judge Philip P. Simon
Referred To: Magistrate Judge Roger B. Cosbey

Default Judgment of $37,371 Entered Against BitTorrent Download Defendants

One month ago, Judge Jane Magnus-Stinson awarded the first default judgment in an Indiana download case. Judge Magnus-Stinson awarded the maximum allowable copyright damages for a total award of $151,425.

Today, Judge Sarah Evans Barker awarded a smaller default judgment against 3 defendants, in the amount of $37,371.66. Obviously, this is still a hefty award that many argue far outweighs any damage caused to Plaintiff by the unauthorized download of sixteen pornographic videos.

Here’s the pertinent language from the Default Judgment:

[Defendant] shall pay to Plaintiff the sum of $36,000.00 in statutory damages, as authorized under 17 U.S.C. § 504(c)(1), and $1,371.66 (which is one-third of $4,115.00) for attorneys’ fees and costs, as authorized under 17 U.S.C. § 505, making a total of $37,371.66.

For defendants in other Judge Barker download cases, this now sets an upper limit on how much they should spend on a legal defense or settlement.

Malibu Media, LLC v. John Does 1-23

Court Case Number:    1:12-cv-00841-SEB-DKL
File Date:    Monday, June 18, 2012
Plaintiff:     Malibu Media, LLC
Plaintiff Counsel:     Paul J. Nicoletti of Nicoletti & Associates, PLLC
Defendant:     John Does 1-23
Cause:    Copyright Infringement, Contributory Infringement
Court:    Southern District of Indiana
Judge:     Judge Sarah Evans Barker
Referred To: Magistrate Judge Mark J. Dinsmore

Indiana man ordered to pay over $150,000 in download case

The first of the Indiana download cases has proceeded to a Final Judgment and the damage amount awarded by Judge Jane Magnus-Stinson won’t please the hundreds of other Indiana defendants still facing a default judgment. After he failed to present a defense to the illegal download of “Maryjane’s Second Visit”, a Default Judgment was entered against the Defendant. The damage award, which includes the maximum allowable copyright damages, tallied in at $151,425. No matter your view on pornography or copyright infringement, that’s a pretty steep fine for the digital equivalent of sneaking in the back door of a nudie show.

What do you think of the judgment? Did the Judge apply discretion in awarding the maximum amount? Either way, Judge Magnus-Stinson has now provided the other Indiana download defendants with an upper limit on how much they should spend on a defense.

Patrick Collins v. John Does 1-13 (Busty Construction Girls) – Judge Questions Subpoena Practice, Requires New Procedures

Magistrate Judge Dinsmore has weighed in on the subpoena practice in this type of download case and has set out new procedural requirements, including the requirements that Plaintiff turn over all correspondence with defendants to the court and also name Defendants within 7 days of learning their information via discovery. Plaintiff’s counsel has responded in a Motion to Reconsider.

“The Court has become aware of several court opinions from across the country that have raised concerns regarding potentially inappropriate procedures being utilized by plaintiffs in cases similar to the instant case to extract settlements from putative defendants without any intention by the Plaintiff of ever actually litigating the case on its merits. While the Court does not assume that Plaintiff or its counsel have engaged in any improper conduct, the Court will impose the following procedures in this matter to ensure the prompt identification and service of the putative Defendants in this matter (see Order) c/m. Signed by Magistrate Judge Mark J. Dinsmore on 9/19/2012.”

Scheduling Order:

Motion to Reconsider and Amend Court’s Order: