Creators and copyright holders should refrain from exploiting copyright laws excessively for monetary gain. In a recent legal ruling, an Oregon Judge rebuffed a request by the creators of The Cobbler for over $17,000 in attorney fees. The judge contended that individual downloaders shouldn’t bear more than their fair share of responsibility for the piracy issue.
In recent times, file-sharers worldwide have faced mounting pressure to settle hefty fees or face legal ramifications.
Enter the controversial practice known as “copyright trolling,” which has been a persistent issue in the United States for over five years.
One notable player in this game is the production team behind the Adam Sandler flick, The Cobbler. In a recent case in Oregon, they hashed out a settlement with local resident Santos Cerritos after a prolonged legal tug-of-war.
Cerritos eventually agreed to fork over the statutory minimum damages of $750 plus reasonable attorney fees—an amount that, while substantial, pales in comparison to the eye-watering $150,000 damages that rights holders often seek.
However, when the filmmakers revealed their demand for fees, things took a turn for the worse. They sought to saddle Cerritos with the entire legal tab of $17,348—many times over the damage award itself.
Cerritos cried foul in court, and Oregon Magistrate Judge Stacie Beckerman concurred, deeming the request for “fee-shifting” unreasonable.
The Judge pointed out that the damages imposed in the settlement already served as a hefty deterrent, and that should suffice. She ruled against forcing the defendant to bankroll the filmmakers’ copyright enforcement actions.
But there’s a deeper issue at play here. Judge Beckerman highlighted how these BitTorrent cases are skewing outcomes, creating an unjust bargaining dynamic due to the threat of exorbitant damages.
Moreover, the Judge criticized the filmmakers’ strategy of dragging out the case unnecessarily. This prolonged legal tango could have been avoided with an earlier settlement—a fact that wasn’t lost on Judge Beckerman.
In denying the motion for attorney fees, Judge Beckerman underscored the need for proportionality in tackling online piracy. While piracy is undeniably a problem, she emphasized that individual downloaders shouldn’t bear an unfair financial burden.
So, while Cerritos may have lost the battle and still faces financial obligations, Judge Beckerman’s ruling serves as a glimmer of hope for others in similar predicaments. It’s another blow to the “copyright trolls” and a win for those fighting back against unjust demands.