ME2 Productions, Inc. v. John and Jane Does
2:17-cv-00676
D. Nev.Apr 12, 2018Background
- ME2 Productions sued numerous Doe defendants for alleged BitTorrent-based copyright infringement of the motion picture "Mechanic 2: Resurrection."
- The case was narrowed so that only first-named defendant Stephen Coppock remained; plaintiff sought default judgment after Coppock failed to appear.
- The clerk entered default on November 15, 2017; plaintiff moved for default judgment seeking $15,000 in statutory damages, a permanent injunction, and $3,855 in attorneys’ fees and costs.
- Plaintiff alleged willful copyright infringement based on unopposed factual allegations accepted as true after entry of default.
- The court applied the Eitel factors to determine whether to grant default judgment and evaluated statutory damages, injunctive relief under the eBay test, and recovery of fees under 17 U.S.C. § 505.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether default judgment should be entered | Coppock failed to respond; clerk’s default entered; relief appropriate | No appearance or defense | Default judgment granted in part; Eitel factors favor plaintiff |
| Amount of statutory damages | Requests $15,000 under 17 U.S.C. § 504(c) | (No opposition) | Court finds willful infringement but awards $1,500 in statutory damages as reasonable |
| Permanent injunction under copyright law | Seeks broad permanent injunction to stop online infringement | (No opposition) | Denied: monetary award suffices; plaintiff fails eBay factor re: inadequacy of legal remedies |
| Attorneys’ fees and costs under 17 U.S.C. § 505 | Seeks $3,375 in fees (lodestar) + $480 costs = $3,855 | (No opposition) | Court awards fees and costs as requested (total judgment sum $5,355) |
Key Cases Cited
- Eitel v. McCool, 782 F.2d 1470 (9th Cir. 1986) (sets seven-factor test for default-judgment discretion)
- Geddes v. United Fin. Grp., 559 F.2d 557 (9th Cir. 1977) (well-pleaded allegations in complaint are taken as true after default)
- Aldabe v. Aldabe, 616 F.2d 1089 (9th Cir. 1980) (discretionary nature of default-judgment entry)
- Peer Int'l Corp. v. Pausa Records, Inc., 909 F.2d 1332 (9th Cir. 1990) (broad discretion in awarding statutory damages within statutory minima and maxima)
- Harris v. Emus Records Corp., 738 F.2d 1329 (9th Cir. 1984) (statutory-damages discretion and analysis)
- Meadows v. Dominican Republic, 817 F.2d 517 (9th Cir. 1987) (proper service and knowledge of suit weigh against excusable neglect)
- eBay Inc. v. MercExchange, L.L.C., 547 U.S. 388 (2006) (four-factor test for permanent injunctions)
- Flexible Lifeline Sys., Inc. v. Precision Lift, Inc., 654 F.3d 989 (9th Cir. 2011) (applies eBay injunction test to copyright cases)