Attorney Steve® Copyright Law Essentials - Strike 3 Holdings, LLC Defaults

Introduction

What happens if you cannot settle your BitTorrent copyright infringement case?  If the Plaintiff has filed a complaint, and you do not answer or otherwise defend the case you can be facing damages anywhere from $750 to $150,000 per alleged infringed movie title.  When you default, you admit the well-plead allegations in the complaint, so the judge is free to award the proper amount of damages.  Which is risky, because it could go as high as $150,000 per title.  Here are a few sample defaults.

The Difference between "Default" and Default Judgment"

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Sample default amounts

1. Central District of California. 

ORDER AND JUDGMENT by Judge Terry J. Hatter, Jr: It is Ordered that the motion for default judgment be, and hereby is,Granted. It is further Ordered that the Clerk of Court shall amend the records of this case to reflect, and unseal, the true name of Defendant XXXX, who has been previously identified, here, as John Doe infringer identified as using IP address 98.185.214.152. It is further Ordered, Adjudged, and Decreed that judgment be, and hereby is, Entered in favor of Plaintiff Strike 3 Holdings, L.L.C., and against Defendant Craig Dobbin, in the amount of $36,000.00. It is further Ordered that Plaintiff Strike 3 Holdings, L.L.C. shall recover costs of $633.07. It is further Ordered that Defendant XXXX be, and hereby is, immediately and permanently Enjoined from directly, indirectly, or contributorily infringing any of Strike 3s copyrights, including by using the internet, BitTorrent or any other online media distribution system to download, reproduce, and/or distribute a copyrighted work or to make a copyrighted work available for distribution, except pursuant to a lawful license or with the express written authority of Strike 3. It is further Ordered that Defendant XXXXX shall immediately destroy all copies of the Films that he had downloaded onto a computer hard drive or server without Strike 3s authorization, and shall destroy all copies of the Films that were transferred onto any physical medium or device in his possession, custody, or control. It is further Ordered that the Court shall retain jurisdiction over this action to enforce the permanent injunction.

NOTE:  Complaint alleged 48 movies.  Thus, court awarded the statutory minimum of $750 per infringed title.

ORDER AND JUDGMENT, 33 , 34 by Judge Terry J. Hatter, Jr: It is Ordered that the motion for default judgment be, and hereby is, Granted. It is further Ordered that the Clerk of Court shall amend the records of this case to reflect, and unseal, the true name of Defendant XXX, who has been previously identified, here, as John Doe infringer identified as using IP address 47.150.2.180. It is further Ordered, Adjudged, and Decreed that judgment be, and hereby is, Entered in favor of Plaintiff Strike 3 Holdings, L.L.C., and against Defendant XXXXX, in the amount of $35,250.00. It is further Ordered that Defendant XXXX be, and hereby is, immediately and permanently Enjoined from directly, indirectly, or contributorily infringing any of Strike 3s copyrights, including by using the internet, BitTorrent or any other online media distribution system to download, reproduce, and/or distribute a copyrighted work or to make a copyrighted work available for distribution, except pursuant to a lawful license or with the express written authority of Strike 3. It is further Ordered that Defendant XXXX shall immediately destroy all copies of the Films that he had downloaded onto a computer hard drive or server without Strike 3s authorization, and shall destroy all copies of the Films that were transferred onto any physical medium or device in his possession, custody, or control. It is further Ordered that the Court shall retain jurisdiction over this action to enforce the permanent injunction. It is further Ordered that Strike 3 may submit a Bill of Costs to the Clerk of Court within 14 days of this Order and Judgment. (MD JS-6. Case Terminated).  See Civil Action #: 5:20-cv-00942-TJH-SP.

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 11/16/2021 DIRECTING plaintiff to forthwith serve a copy of this order and findings and recommendations on defendant by U.S. mail at their last known address and file a proof or certificate of such service within 7 days. It is further RECOMMENDED that 25 Motion for Default judgment be Granted under the terms specified, that Judgment be Entered in plaintiffs favor and against defendant, that Plaintiff be awarded $28,500.00 in statutory damages and $863.96 for costs for a total of $29,363.96, that Defendant be ordered to pay post-judgment interest under 28 U.S.C. § 1961 as of the date of the default judgment until the date of its satisfaction, and that Defendant be enjoined from directly, contributorily or indirectly infringing plaintiff's rights under federal or state law in the Works, including, without limitation, by using the internet, BitTorrent, or any other online media distribution system to reproduce (e.g., download) and/or distribute the Works, or to make the Works available for distribution to the public, except pursuant to a lawful license or with plaintiff's express authority. Referred to Judge Troy L. Nunley. Objections due within 30 days after being served with these findings and recommendations. (Coll, A).  See E.D.Cal. 2:20-cv-02146-TLN-CKD (38 movies at issue - $772 per movie).

Court: N.D.Cal. | Civil Action #: 5:21-cv-00760-LHK (35 works at issue - $750 per infringed movie shared).  Court discussed Cobbler Nevada case consideration.  The Court awards Plaintiff $26,250.00 in statutory damages and $658.97 in costs, for a total award of $26,908.97. Interest shall be allowed at the current legal rate allowed and accruing under 28 U.S.C. § 1961, as of December 14, 2021 until the date the judgment is satisfied.

These are just samples and cases can be both higher and lower.

Copyright Infringement Damages Discussed

Click here to learn more about the general copyright infringement damages statutory scheme.

A default loses your anonymity.

As you can see, I added "XXX" where the defendant's name should be.  This is because when you default, your name has to be made a public record so Plaintiff can seek to enforce its judgment.

Contact a Strike 3 Defense Lawyer

We are a premier Defender of Strike 3 BitTorrent cases.  We have handled more cases in California federal district courts than any other Copyright Law Firm, at least as far as we know.  We have appeared in over 400 copyright infringement cases, and UniCourt.com identified Vondran Legal® as the #1 copyright infringement defense firm IN THE UNITED STATES for 2020 and 2021 and we are on track again for 2022.  In this specialized area of law, you need an IP & Technology lawyer that is well versed not only with particular legal issues but also has strong working relationships with opposing counsels.  Call us at (877) 276-5084 or email us through our contact form.