Malibu Media, LLC v. John Doe, 1:16-cv-01059

Background

Malibu Media LLC (plaintiff) sued Christian Sianturi after investigators using BitTorrent tracked alleged downloads to IP address 50.173.4.30 and downloaded pieces/files corresponding to Plaintiff’s copyrighted movies.
Plaintiff amended to name Sianturi, served him, he defaulted, and Plaintiff moved for default judgment seeking statutory damages for 32 works, injunctive relief, and fees/costs.
Investigators downloaded single pieces from 23 files and full files associated with file-hashes; two files (#4 and #5) were “siterip” zip archives containing multiple works (11 works total) raising identification issues.
The Clerk entered default; the magistrate applied the Eitel factors to determine whether to enter default judgment and to assess damages and fees.
Court found Plaintiff established ownership of registrations and sufficient allegations of copying for 21 individual works (files #1–3 and 6–23) but declined to find sufficient pleading that single downloaded pieces from zip files proved infringement of the 11 separate works in files #4 and #5.
Court recommended a partial default judgment: statutory damages of $750 per infringed work for 21 works ($15,750), a permanent injunction and ordered destruction of infringing copies, and reduced attorney’s fees and costs totaling $1,168.50.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether default judgment is appropriate under the Eitel factors	Malibu requested default judgment given Sianturi’s failure to appear and alleged strong factual showing of infringement via IP/geolocation and investigator downloads	Sianturi did not respond (no opposing arguments presented)	Eitel factors overall favored default judgment; recommended granted in part (default judgment for subset of works)
Whether Plaintiff adequately pleaded ownership and copying for all 32 works	Ownership shown by registrations/pending registrations; copying shown by investigators’ downloads and matching file/piece hashes	Not contested on the merits due to default but court scrutinized sufficiency of allegations, especially for zip archives	Ownership satisfied; copying sufficiently pleaded for 21 individual works, but not for the 11 works inside zip files (#4 and #5)
Proper measure of statutory damages under 17 U.S.C. § 504(c)(1)	Sought $750 per work (minimum) for 32 works ($24,000)	No opposition; court balances deterrence and plaintiff’s litigation practices	Court awarded minimum $750 per work but only for 21 works: $15,750 total
Award of attorney’s fees and costs under 17 U.S.C. § 505	Requested $1,182 in fees and $465 in costs; submitted time records	Court skeptical of block-billing and recycled time entries; must exclude unreasonable entries	Court reduced fees for improper block-billing, awarding $1,168.50 in fees and costs ($703.50 fees; $465 costs)

Key Cases Cited

Aldabe v. Aldabe, 616 F.2d 1089 (9th Cir. 1980) (entry of default judgment is within the court’s discretion)
Eitel v. McCool, 782 F.2d 1470 (9th Cir. 1986) (factors to consider before granting default judgment)
TeleVideo Sys., Inc. v. Heidenthal, 826 F.2d 915 (9th Cir. 1987) (well-pleaded allegations in complaint are taken as true after default, except as to damages)
Feist Publ’ns, Inc. v. Rural Tel. Serv. Co., 499 U.S. 340 (U.S. 1991) (elements required to prove copyright infringement: ownership and copying)
Hensley v. Eckerhart, 461 U.S. 424 (U.S. 1983) (lodestar method and exclusions for unreasonable hours)
Blum v. Stenson, 465 U.S. 886 (U.S. 1984) (limitations on upward multipliers in fee awards)
Pennsylvania v. Delaware Valley Citizens’ Council for Clean Air, 478 U.S. 546 (U.S. 1986) (standards for adjusting lodestar)
eBay Inc. v. MercExchange, LLC, 547 U.S. 388 (U.S. 2006) (four-factor test for permanent injunctions)
Van Gerwin v. Guarantee Mut. Life Co., 214 F.3d 1041 (9th Cir. 2000) (discussion of lodestar/multiplier approach and fee-shifting procedures)
D’Emanuele v. Montgomery Ward & Co., 904 F.2d 1379 (9th Cir. 1990) (lodestar calculation guidance)