Sometimes, things slip through the cracks. You know how it is. You get busy. The insurance premium wasn't mailed. You meant to work on those darned taxes. You let a default be entered against you for oh, say $9,100,000. Happens every day. So you can sympathize with Ray Lopez.
Seems Mr. Lopez aka Ray Lopez Music had a nasty habit of copying and selling CD's. Not just anyone's CD's, mind you: those of Sony, Capitol Records' and Warner Bros. They brought suit for copyright infringement. Lost no doubt in the harried press of other business, it slipped Mr. Lopez's mind to answer the complaint. Plaintiffs dutifully took his default and sought a default judgment. Perhaps to Mr. Lopez's enduring surprise, the court granted judgment in the amount of $9.1 million for infringing the copyright on 91 different recordings. (Quick, math whizzes: how much per violation?)
lgp@law® is not in the habit of giving unsolicited advice to non-clients. But this time we are moved to offer this: Next time, Mr. Lopez, be more careful. If it is not too late to move to set aside the judgment, consider arguing the following:
The infringements were innocent. Sure, the complaint alleged willful infringement, and defaulting on the complaint constitutes an admission of all allegations. But look how thin the evidence offered was: erased trademarks, similar packaging, leaving only his daughter's address and phone number are everyday business practices. (I call this the "Every pirate's doing it" defense.)
The Court granted the maximum statutory damages of $100,000 per willful violation, without proof of the amount of loss incurred. What, no volume discount?
Lopez was singled out. What about the "Johns" who buy these things? If this is a $300 million/year problem, why pick on him, just because the court noted he still has the master copies?