Historic Verdict and Judgment won by Fiore & Barber, LLC
In the first ever BitTorrent copyright infringement case to go to trial in any United States District Court in the County, Judge Michael Baylson of the United States District Court for the Eastern District of Pennsylvania ruled in favor of Malibu Media, LLC, an adult content movie producer, and against three defendants and entered a judgment of $240,850.50 against one defendant.
On June 18, 2013, after a one day bench trial, Judge Baylson found that Malibu Media, LLC was not a “copyright troll” but rather the producer and owner of copyrighted works, its experts technology was sound and that each defendant intentionally and deliberately violated valid copyrighted works of the Plaintiff.
Malibu Media. LLC was represented by Christopher P. Fiore, Esquire of Fiore & Barber, LLC of Harleysville, Pennsylvania and M. Keith Lipscomb, Esquire of Lipscomb, Eisenberg & Baker, PL of Miami, Fl.
Both attorneys called the ruling a complete victory and that the ruling clearly distinguishes Malibu Media, LLC from other adult content producers who have been criticized in the past. “This decision vindicated Malibu Media and it demonstrates that my client can and will prove its cases in a court of law” said Malibu Media’s attorney Christopher P. Fiore.
The Judge issued statutory damages against only one defendant because the two other defendants had entered into confidential settlements regarding damages. Notwithstanding, Judge Baylson took the opportunity to admonish defendant, Bryan White for his perjurous statements to the court under oath and destruction and concealment of evidence. Based upon the evidence that Malibu Media was able to prove to the court about Bryan White’s actions, Judge Baylson multiplied the amount of statutory damages per violated work by ten to $22,500 per infringement. Plaintiff was also awarded $128,350.50 for attorney’s fees and costs.
