Disney Enterprises, Inc. v. Delane, 446 F. Supp. 2d 402 (D. Md. 2006)
Facts: Delane operated a number BitTorrent trackers, which facilitate the reproduction and distribution of different forms of media, including television programs to which the plaintiffs own the copyrights and/or exclusive reproduction and distribution rights. Delane also operated www.btefnet.net, a website that facilitates the copying and distribution of the programs.
Procedural Posture: The plaintiffs alleged that "Delane knowingly induced, caused, and/or materially contributed to the unauthorized reproduction and distribution of their copyrighted television programs in violation of 17 U.S.C. § 101, et seq." Plaintiffs filed a motion for default judgment, requesting statutory damages and an injunction.
Holding: Motion for default judgment granted. The plaintiffs made sufficient allegations to meet the elements of copyright infringement: ownership of a valid copyright and copying of original constituent elements of the work. They do own the copyrights to the programs, and Delane used his trackers and site to facilitate the reproduction and distribution of the programs. He had total control over what files his trackers were helping distribute, deciding exactly what torrents were indexed on the site. The court held that these acts were willful, intentional, and purposeful and awarded damages and injunctive relief to the plaintiffs. The permanent injunction was awarded based on finding the plaintiffs had suffered irreparable injuries and that remedies at law were inadequate to compensate for those injuries.
Important Dicta: "There is a greater public benefit in securing the integrity of Plaintiffs' copyrights than in allowing Delane to make Plaintiffs' copyrighted material available to the public."
Unanswered Questions: How does this affect users who download copyrighted material, and what is the scope of the permanent injunction awarded?
Critical Analysis: This is the correct decision because of the defendant's default. However, the court sets the threshold for irreparable injury very low, with three companies alleging infringement of only ten episodes of their television programs. Assuming the court's injunction shut down Delane's Web site, the court might be making too drastic a decision, which would work against the benefits of file-sharing non-copyrighted material.
Lexis: 446 F. Supp. 2d 402
Facts: Delane operated a number BitTorrent trackers, which facilitate the reproduction and distribution of different forms of media, including television programs to which the plaintiffs own the copyrights and/or exclusive reproduction and distribution rights. Delane also operated www.btefnet.net, a website that facilitates the copying and distribution of the programs.
Procedural Posture: The plaintiffs alleged that "Delane knowingly induced, caused, and/or materially contributed to the unauthorized reproduction and distribution of their copyrighted television programs in violation of 17 U.S.C. § 101, et seq." Plaintiffs filed a motion for default judgment, requesting statutory damages and an injunction.
Holding: Motion for default judgment granted. The plaintiffs made sufficient allegations to meet the elements of copyright infringement: ownership of a valid copyright and copying of original constituent elements of the work. They do own the copyrights to the programs, and Delane used his trackers and site to facilitate the reproduction and distribution of the programs. He had total control over what files his trackers were helping distribute, deciding exactly what torrents were indexed on the site. The court held that these acts were willful, intentional, and purposeful and awarded damages and injunctive relief to the plaintiffs. The permanent injunction was awarded based on finding the plaintiffs had suffered irreparable injuries and that remedies at law were inadequate to compensate for those injuries.
Important Dicta: "There is a greater public benefit in securing the integrity of Plaintiffs' copyrights than in allowing Delane to make Plaintiffs' copyrighted material available to the public."
Unanswered Questions: How does this affect users who download copyrighted material, and what is the scope of the permanent injunction awarded?
Critical Analysis: This is the correct decision because of the defendant's default. However, the court sets the threshold for irreparable injury very low, with three companies alleging infringement of only ten episodes of their television programs. Assuming the court's injunction shut down Delane's Web site, the court might be making too drastic a decision, which would work against the benefits of file-sharing non-copyrighted material.
Lexis: 446 F. Supp. 2d 402