U.S. District Judge Maxine Chesney granted the judgment after the defendants, Thorsten Palicki and Maik Herrmann, failed to file an opposition.
Titan filed the copyright infringement lawsuit against Antelope, claiming MonsterCockTube’s Palicki and Herrmann pirated nine gay adult films for its membership site.
“We are pleased with the judgment,” Titan General Counsel Gill Sperlein told XBIZ. “I think in this case the defendants did all they could to avoid court proceedings. They didn’t want to have their day in court.”
“The clerk, having entered the default of the named defendants, each such defendant is deemed to have admitted to knowingly infringing plaintiff’s copyrighted works,” the judgment said.
“Defendants gained commercial advantage by using plaintiff’s copyrighted works specifically by displaying plaintiff’s works on defendants websites, for which they charge their customers, including California residents, a monthly access fee and on which they earn revenue by selling advertising space and by enrolling in affiliate programs through which defendants receive payments for directing individuals to other websites.”
In addition, the document states that the defendants transferred ownership of their websites to fictitious names to try to evade service and hinder plaintiff’s ability to locate and identify the infringing parties.
The papers add, “Defendants have continued their infringing activities after being notified of the instant action. Because defendants continue to operate commercial websites that display infringing material, a threat exits that defendants will continue to infringe plaintiff’s copyrighted works and such threat is not limited solely to the nine works.”
Though Titan Media won the judgment, it remains to be seen whether or not the company will get the $1.35 million award.
“We’re in it for the long haul. We will take whatever measures necessary to enforce this judgment,” Sperlein said.
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