On 26 Mar 13, Judge Jane Magnus-Stinson, issued the default judgement order against Gerald Glover – CP Productions Inc. v. Glover, 1:12-cv-00808. This was not a surprise, as Mr. Glover failed to respond to the summons/complaint. ClosedJudgem_00808(IN) OrderJudgem_00808(IN) Archive Docket First article on this case.
What is surprising is the judge awarded Plaintiff the maximum in statutory damages – $150,000 (+ $1,425 fees/costs). I understand the reason for the default order, just not the amount awarded. It appears the judge took the easy route and accepted the word of the Plaintiff/Troll at face value. By a simple review of the case, you could see the Troll was generating settlements from the original 449 Does. The court could also see the Troll wasn’t going forward with the case and had to issue a show cause order to Plaintiff. Plaintiff’s response to the order was weak and the court even noted that failed to show good cause as to their failure to serve defendants. Turkey Day Article
Now as I have repeatedly stated, the content owners are entitled to seek redress for copyright infringement of their material. But to award Plaintiff/Troll $150K is a sad sad joke in my opinion. This was no great piece or work of art. I don’t care how “good” the actress was while on her knees. To simply take the word of the local Troll (working for Prenda Law) is amazing in my view. Here is a 2011 article dealing with Prenda Law and CP Productions. It appears this was simply a quick signature on an order then onto other more pressing matters. I understand the courts are swamped, but this just encourages other to do the same thing – my opinion.
On a good note, it is probably unlikely Plaintiff/Prenda Law will get much (if anything) out of Mr. Glover. It is a hollow victory that will benefit them very little over time. As the 2 Apr 13, OSC hearing is almost here, the real damages are about to start adding up.
Lastly, if you were part of the original 449 Does, you are essentially free and clear from this Plaintiff/Prenda Law. The Does in the case were jointly and severally liable for a single charge of copyright infringement. As this has been adjudicated, only Mr. Glover can come after you to seek that you pay a portion of the award. This is extremely unlikely and even if he did, the math works out to this – $151,425 / 449 Does = approx. $337.00. If you are one of the Does that settled for $3-4K, …sorry.
I actually wish Mr. Glover would do this if only to make Prenda Law release details on how much money they made off of the settlements prior to the default order. This information would be highly relevant to Mr. Glover’s ability to seek damages from the remaining Does. Again, an another unlikely course of action. But one can dream.