In the latest decision addressing damages for piracy of Pay Per view broadcasts, reasons for judgement were released last week by the us district Court, E.D. North Carolina, assessing damages for piracy of UFC 116 by a personal Camiseta Selección de fútbol de Portugal club.
In last week’s situation (Joe Hand Promotions, Inc. v. Johnson) the accused operated a personal club which broadcast UFC 116 without buying the licencing charge from the Plaintiff. The Plaintiff sued alleging satellite signal piracy. The accused failed to respond resulting in default judgement against the accused club.
The Plaintiff sought $60,000 in damages however the Court discovered this amount extreme as well as awarded damages somewhat above the statutory minimum. In assessing damages at $1,500 district judge Terrence Boyle reasoned as follows:
As in previous cases, the Court believes that awarding a flat rate of damages, linked to the maximum occupancy of the establishment as well as the egregiousness of the violation, is most consistent with the aims of the statute as well as with the quantum of damage really experienced by Joe Hand. section 605 provides that when a court awards statutory damages, it should fasion a damages award that is “just.”§ 605(e)(3)(C)(i)(II). Although these calculations are speculative, “some conjecture with respect to damages is permissible where, as here, a defendant’s default has prevented damages from being computed with higher certainty.” Kingvision Pay-Per-View, Ltd v. Arnoat, No. 06 Civ. 4811, 2007 WL 2076632, at *6 (S.D.N.Y. July 13, 2007).
Joe Hand calculates rates for its contracts based on a maximum occupancy. [DE 12-2]. The rate card connected to plaintiff’s movement explains the costs charged for a lawful sublicensing agreement, which vary based on the capability of the entity broadcasting the Program. According to the rate card as well as connected affidavit, the Club would have paid $900 to broadcast the Program lawfully. [DE 12-3, 12-2]. Absent Camiseta Bayer 04 Leverkusen any type of indicator of aggravating factors, such as repeat violations or considerable monetary gains, this Court discovers that a damage award of the statutory maximum would be extreme as well as out of line with awards in similar cases.
As to enhancement, there is no concern that the Club intercepted as well as broadcasted the Program willfully as well as for industrial advantage. Joe Hand alleges that the Program was encrypted as well as made offered only to its paying customers, therefore it is unlikely that defendants accidentally got the Program. in light of the circumstances as well as the deterrence goal of§ 605, the Court awards statutory damages of $1,000.00. The Court multiplies the statutory damages by a willfulness factor of 1.5, for a overall damages award of $1,500.00…
Based on the foregoing, plaintiff’s movement for Default Judgment is GRANTED. [DE 11]. The Clerk of Court is DIRECTED to go into a judgment against defendants in the Camiseta Leeds United amount of $1,500.00. In addition, attorneys’ charges are awarded to plaintiff Joe Hand in the amount of $1000.00. costs are awarded to plaintiff Joe Hand in the amount of $475.00.
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