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.
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