Adding to this site’s archived case summaries of combat sports piracy judgements, reasons were released last week by the US District Court, N.D. Texas, Dallas Division, assessing damages of $30,000 for the piracy of Mayweather vs. Pacquiao.
In the recent case (J&J Sports Productions, Inc. v. Diaz) the Defendant displayed the boxing PPV program at a commercial establishment without purchasing the commercial sub-licence allowing them to do so. The Plaintiff sued and obtained default judgement. In assessing total damages at $30,000 District Judge Sam A. Lindsay provided the following reasons:
Further, based upon the record, evidence, and applicable law, the court concludes that Defendant has violated 47 U.S.C. §§ 553 and 605, that J&J is an aggrieved party under the statute, and that it is entitled to statutory damages and reasonable attorney’s fees for Defendant’s statutory violations. Accordingly, the court determines that Defendant is liable to J&J in the amount of $5,000, pursuant to 47 U.S.C. § 605(e)(3)(C)(i)(II), and J&J shall recover this amount from Defendant. Further, the court determines that an additional $25,000 shall be awarded to J&J, pursuant to 47 U.S.C. § 605(e)(3)(C)(ii), because the record reflects that Defendant’s actions were willful and for the purpose of direct or indirect commercial advantage or private financial gain. Moreover, the court determines that such damages are necessary to deter Defendant and other commercial establishments and entities from pirating or stealing protected communications.