contributing to this site’s archived situations of UFC pay per view event piracy prosecutions, reasons for judgement were released just recently by the us district Court, ED California, rejecting a insurance claim for $110,000 in damages however instead awarding $4,750 in overall damages.
In the recent situation (Joe Hand Promotions Inc. v. Dhillon) the accused operated a industrial establishment as well as displayed UFC 173 without paying the $750 industrial sub-licencing charge to the Plaintiff.
The Plaintiff sued for damages as well as acquired default judgement. The Plaintiff sought $110,000 in damages however the Court rejected this demand as disproportionate to the damage done. In awarding $4,750 in overall damages Magistrate judge Kendall Newman reasoned as complies with –
In this case, plaintiff’s investigator, who was present in McHenry’s Bar for roughly 22 minutes, discovered about 7 people in the establishment who were eating or drinking (one table of patrons eating as well as four persons at the bar). The detective noted that McHenry’s Bar had three 32-inch televisions, two of which displayed plaintiff’s Program. He likewise reported that there was no cover fee for entry on the night in question. (See ECF No. 8-3.) Furthermore, there is no evidence before the court that defendants promoted the fight’s airing at McHenry’s Bar, or that a special premium on food as well as drink was charged on the night of the fight. Indeed, with so few patrons in the establishment, it is extremely unlikely that McHenry’s Bar was doing any type of higher level of company on the night Plaintiff’s Program was shown Camiseta Selección de fútbol de Portugal than at any type of other time.
In light of this record, which lacks evidence of defendants reaping any type of considerable revenue from their piracy of Plaintiff’s Program, the court awards plaintiff $1,000.00 in statutory damages pursuant to 47 U.S.C. § 605(e)(3)(C)(i)(II). However, since plaintiff has alleged that defendants acted willfully as well as for functions of direct/indirect industrial advantage or personal monetary acquire (Compl. ¶ 20), as well as since it is incredibly unlikely that defendants innocently or inadvertently intercepted plaintiff’s Program, the court likewise discovers that plaintiff is entitled to $3,000.00 in improved statutory damages pursuant to 47 U.S.C. § 605(e)(3)(C)(ii). To be sure, as plaintiff contends, defendants as well as other industrial establishments would be motivated to break the legislation if they understood that the full degree of their liability would not surpass what they would have to pay for a permit on the open market. However, when added to the expense of a permit charge for plaintiff’s Program, which the court awards pursuant to plaintiff’s conversion insurance claim below, these statutory damages ought to serve as adequate deterrence to defendants as well as similarly-situated industrial establishments, while at the exact same time staying proportionate to the situations of the case. See J & J sports Productions, Inc. v. Jurado, 2011 WL 6153605, at *4 (E.D. Cal. Dec. 12, 2011) (collecting awards in similar cases)…
Plaintiff declares $1,250.00 in conversion damages, since that is purportedly the amount that defendants would have been needed to pay plaintiff to lawfully air plaintiff’s Program. The affidavit of plaintiff’s president, Joe Camiseta Everton FC Hand, Jr., indicates that the industrial sublicense charge to air plaintiff’s Program is based on the capability of the establishment. (ECF No. 9 at 3, ¶ 8, Ex. 2.) The issue is that plaintiff has offered no evidence of the actual capability of McHenry’s Camiseta Selección de fútbol de Marruecos Bar. Plaintiff’s detective noted the existence of 7 people at the time he went to McHenry’s Bar, however failed to suggest the establishment’s general capacity. (See ECF No. 8-3.) As such, the court has no basis to award the requested $1,250.00. Instead, the court awards conversion damages of $750.00, which are based on the industrial sublicense charge that would have been charged if McHenry’s Bar had a capability of 0-50 people. (ECF No. 9, Ex. 2.)
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