Malibu Media, LLC v. Doe
1:19-cv-00963
N.D.N.Y.Sep 9, 2020Background
- Malibu Media, an adult-film producer, sued Thomas Causa for allegedly downloading and distributing eleven copyrighted films via BitTorrent between November 2018 and July 2019.
- Plaintiff’s consulting expert allegedly traced a TCP/IP connection to an IP address tied to Defendant and downloaded pieces of the files that matched Malibu Media’s works.
- The court authorized an early third-party subpoena to identify the subscriber; Plaintiff amended the complaint to name Causa, served him, and the clerk entered default on July 27, 2020.
- Malibu Media moved for default judgment seeking injunctive relief, statutory damages, costs, and attorney’s fees; Defendant did not respond.
- The court applied Rule 55 and the Iqbal plausibility standard to determine whether the unchallenged allegations establish liability as a matter of law.
- Ruling that alleging only that a defendant is the registered subscriber of an IP address is insufficient to plausibly infer that the subscriber was the infringer, the court denied default judgment without prejudice and gave Plaintiff 30 days to amend.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether default judgment should enter after clerk’s entry of default | Malibu: Complaint allegations (expert IP tracing and downloaded file matches) establish direct infringement and justify default judgment | Causa did not answer; court considered whether allegations suffice given default | Denied: default alone not dispositive; plaintiff must plead plausibly to establish liability |
| Whether plaintiff pleaded the elements of a copyright claim | Malibu: Owned valid copyrights and files downloaded from Defendant’s IP show infringement | Implicit defense: subscriber-status alone does not prove individual infringement | Court: Ownership alleged OK, but infringement allegation implausible because it rests only on subscriber-IP link |
| Whether status as registered IP subscriber creates reasonable inference of infringement | Malibu: Subscriber identification through ISP/subpoena ties Defendant to infringement | Court/defense: Multiple users/devices and unsecured networks make subscriber link insufficient | Held: Subscriber status alone is too tenuous to infer defendant was the infringer |
Key Cases Cited
- Cobbler Nevada LLC v. Gonzales, 901 F.3d 1142 (9th Cir. 2018) (registered subscriber status alone insufficient to infer individual was the infringer)
- Ashcroft v. Iqbal, 556 U.S. 662 (2009) (plausibility pleading standard governs whether allegations suffice)
- Spinelli v. NFL, 903 F.3d 185 (2d Cir. 2018) (to state copyright claim plaintiff must allege ownership and infringement)
- Priestly v. Headminder, Inc., 647 F.3d 497 (2d Cir. 2011) (two-step Rule 55 default-judgment procedure and application of pleading standards)
- Enron Oil Corp. v. Diakuhara, 10 F.3d 90 (2d Cir. 1993) (default judgments disfavored; courts should decide cases on the merits when possible)
- City of New York v. Mickalis Pawn Shop, LLC, 645 F.3d 114 (2d Cir. 2011) (plaintiff bears burden to establish liability even after default)