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Pirate gets slammed for $40,500 for downloading ‘art porn’

If you get copyright trolled it may be tempting to simply ignore the demand (which can typically run to a few thousand dollars), but a certain L. Sagala from Muskegon, Michigan has found out to his cost that this may not be such a good idea.

In typical copyright troll behavior, Malibu Media, the company behind ‘beautiful erotica’ adult movie firm X-Art, has filed 288 cases against alleged file sharers who have downloaded their movies so far this year (and 1,894 since it went into the copyright troll game in 2012), and in L. Sagala’s case they struck lucky as the defendant’s lack of response to their initial demands allowed then to file for a default judgment.

Reading Malibu Media’s motion to the court, you would be forgiven for thinking that L. Sagala should be grateful for the claimed statuary damages ‘only’ amounting to $40,500,

Despite the fact of Defendant’s willful infringement, Plaintiff only seeks an award of $40,500.00 in statutory damages. This amount is reasonable when considering that Plaintiff’s actual damages far exceed this sum. To explain, Defendant materially aided each of the other participants in the BitTorrent swarm of infringers. This swarm contained thousands of peers and continues to grow. Plaintiff’s actual damages are the lost sales of its content to those thousands of infringers. In the aggregate, these lost sales far exceed $40,500.00.

District Court Judge Robert Jonkert found in Malibu Media’s favor, and in addition to the awarding the $40,500 damages against L. Sagala, levied an additional $1,649.40 for attorney’s fees and costs. We sure hope that the movie was worth it!

We know that as a VPN review website the next comment is going to sound rather obvious, but please, P2P traffic is very easy to trace, so we really do urge anyone who downloads copyright infringing material to protect their identity with a VPN service (unless of course you are lucky enough to live in a country where DMCA notices and copyright trolling are not an issue, and even then VPN is great general protection when surfing the internet!)


Douglas Crawford I am a freelance writer, technology enthusiast, and lover of life who enjoys spinning words and sharing knowledge for a living. Find me on Google+

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