ME2 Productions, Inc. v. Does 1-14
2:16-cv-01062
S.D. OhioAug 24, 2017Background
- ME2 Productions sued multiple defendants for copyright infringement for unauthorized distribution of the motion picture Mechanic: Resurrection via BitTorrent.
- Default was entered against Jessica Murphy and Christopher Henslee; plaintiff moved for default judgment seeking $15,000 statutory damages per defendant and $962.50 in attorney’s fees (total).
- Plaintiff submitted MaverickEye records showing Murphy shared two versions of the film (eight times each) and Henslee shared the film forty-six times; no evidence explained whether sharing was automatic via the BitTorrent protocol or deliberate seeding.
- The court recognized statutory damages available per act ($750–$30,000), with up to $150,000 per act for willful infringement, and outlined factors for setting statutory awards (willfulness, defendant profit, plaintiff loss, deterrence).
- The court found no evidence of commercial profit or that defendants were the initial uploaders, and concluded modest statutory awards would account for loss and deterrence.
- The court granted a permanent injunction prohibiting further online copying/distribution and ordered destruction of unauthorized copies; it also awarded reduced attorney’s fees and dismissed plaintiff’s claim against David Brown with prejudice per plaintiff’s motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Appropriate statutory damages amount | Seek $15,000 per defendant for infringement | (No response; default) | Court awarded $1,500 to Murphy and $1,500 to Henslee based on lack of willful/commercial profit evidence |
| Willfulness and profit from infringement | Infringement supports increased statutory damages | (No response) | Court found no evidence of willfulness or commercial profit in BitTorrent context; declined enhanced damages |
| Attorney's fees entitlement and amount | Requested $962.50 total ($481.25 each) as reasonable fees | (No response) | Fees awarded but reduced: $481.25 to each defendant (total awarded equals requested split) |
| Injunctive relief and destruction of copies | Sought permanent injunction and destruction of unauthorized copies | (No response) | Court granted permanent injunction prohibiting distribution/availability online and ordered destruction of defendants' unauthorized copies |
Key Cases Cited
- AF Holdings, LLC v. Bossard, 976 F. Supp. 2d 927 (W.D. Mich. 2013) (discusses limited profit from BitTorrent downloaders)
- Bridgeport Music, Inc. v. WB Music Corp., 520 F.3d 588 (6th Cir. 2008) (fees and costs in copyright cases should generally be awarded)
- Positive Black Talk, Inc. v. Cash Money Records, Inc., 394 F.3d 357 (5th Cir. 2004) (supports routine award of attorneys’ fees in copyright suits)
- Bridgeport Music, Inc. v. Justin Combs Publ’g, 507 F.3d 470 (6th Cir. 2007) (past infringement plus likelihood of future infringement can justify permanent injunction)