Malibu Media, LLC v. Doe

Background

Malibu Media, LLC, doing business as X-Art.com, sued John Rios for copyright infringement. The company alleged that Rios used the BitTorrent file-sharing network to download, copy, and distribute twelve of its copyrighted digital works. The opinion states that Malibu Media is a California-based limited liability company that owns copyrights to certain adult films and that Rios resides in New York City.

Rios was served with the Second Amended Complaint but did not respond or otherwise appear. After he also failed to appear at a hearing concerning a possible default judgment, the court entered an Order of Default against him. The case was then referred to Magistrate Judge Gabriel W. Gorenstein to determine damages.

Report and Recommendation

Judge Gorenstein recommended $18,000 in statutory damages and $400 in costs. Neither party filed objections. Because there were no objections, Judge Gardephe reviewed the recommendation for clear error and found none.

Liability

A default means that the defendant admits the properly pleaded factual allegations, except allegations concerning damages. The court concluded that Malibu Media had established the elements of copyright infringement: ownership of valid copyrights and unauthorized copying. The court accepted the allegations that Rios downloaded and distributed the works through BitTorrent without permission.

Damages and Costs

Malibu Media requested statutory damages of $1,500 for each of the twelve infringed works, totaling $18,000. The court adopted the recommendation that this amount was justified. The court also awarded $400 in costs, representing the filing fee, but did not award the additional service and other expenses because they were not supported by sufficient documentary evidence. Malibu Media did not seek attorney's fees.

Disposition

Judge Gardephe adopted Judge Gorenstein's Report and Recommendation in its entirety. The court awarded Malibu Media $18,000 in statutory damages and $400 in costs, plus post-judgment interest under 28 U.S.C. § 1961(a). The Clerk of Court was directed to enter judgment and close the case.