In the latest piracy prosecution against a commerccial establishment for displaying a UFC PPV without paying the commercial sub licencing fees US District Judge Hailk found damages at 2 times the cost of the licenncing fee were a fair punishment. In reaching this conculsiion the court reasoned as follows:
By imposing only minimal statutory damages or only requiring Defendant to pay the licensing fee he should have previously paid, Defendant would have no motivation to refrain from continuing the unauthorized conduct. In addition, this conduct harms Plaintiff’s business and decreases profits. Considering the need to deter future similar conduct and that the commercial sub-license fee alone in this case would have been $1600, the Court finds that a flat penalty of two times the license fee, or $3200, is a just amount under the circumstances, and is comparable with awards in similar cases. See Bonvillain,2013 WL 5935208, at *2 (E.D.La.,2013) (J.Africk) (finding award of approximately twice the license fee to be a “just amount under the circumstances”)…
Joe Hand was seeking statutory damages of up to $10K and also enhanced damages of up to $100K, in rejecting enhanced damages the court noted as follows:
Considering Plaintiff’s evidence, the small size of the crowd viewing the Program, and the fact that there is no evidence that Defendant, Rival, was a repeat offender, the Court…declines to award enhanced damages.