In the latest UFC pay per view event piracy prosecution, reasons for judgement were released this week by the us district Court, E.D. California, recommending $10,000 in statutory damages complying with the industrial piracy of UFC 162.
In the recent situation (Joe Hand Promotions Inc. v. Forsberg) the accused displayed UFC 162, (Anderson Silva v Chris Weidman) at a pub without paying the industrial sub licencing charge which would have been $750.
Investigators noted that the accused charged patrons a $10 cover as well as that there were 56 patrons present which exceeded the establishments capacity.
The Plaintiff requested maximum statutory damages of $110,000 however the Court noted this was extreme with an award of $10,000 reaching the suitable balance of payment as well as deterrence. In reaching this figure district judge Edmund Brennan noted as complies with –
Here, plaintiff seeks a judgment in the amount of $110,750. ECF No. 20-2 at 2. Plaintiff’s application for default judgment as well as suggested purchase suggest that this sum consists of $110,000 for a infraction of 47 U.S.C. § 605(e)(3)(B)(iii) as well as (e)(3)(C)(ii), as well as $750 as compensatory damages arising from defendant’s alleged act of conversion. Id.
Plaintiff’s investigator’s affidavit offers the Rooster Juice Grill as well as sports Bar’s capability is roughly 50, as well as that there were around 56 patrons at the establishment on the night in question. ECF No. 20-3 at 2-3. The affidavit even more specifies that Camiseta Atalanta BC the establishment was unlawfully broadcasting the Program on five televisions. Id. at 2. Although plaintiff’s detective was charged a Camiseta Club America $10 charge to go into the establishment, there is no evidence that defendants prepared any type of special marketing for the broadcast of the Program, that the establishment had enhanced company as a result of the broadcast, or that defendants are repeat offender with respect to intercepting transmissions of the type at problem here. balancing these facts with the extensive issue of piracy as well as the requirement for an award adequate to deter future piracy, the court suggests an award of statutory damages in the amount of $10,000. On the record before the court, the court does not discover that this situation merits an award of improved damages.
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