Copyright Trolling For Dummies: Wiley Gets Default Judgment
from the books-not-to-buy dept
In this case, the court has issued default judgments against Tammy Roberts and Fred Burgos. It looks like the case went more or along the lines of how copyright trolls would like: the judge allowed the subpoenas, and a few months later, Wiley amended the complaint to name names based on what it learned from the subpoenas issued to ISPs. And... just before anything else was scheduled to happen Wiley magically dismissed most of the defendants (meaning they paid up). The two exceptions were Burgos and Rogers. Wiley insists it properly served both of them, and they both ignored it -- and now the court says they need to pay $7,000 -- split up as $5,000 for copyright infringement and $2,000 for trademark infringement. This is exactly what Wiley asked for. The judge just took what they asked for and accepted it, which is unfortunately common in default judgment cases.
The trademark claim here seems especially bizarre and it's unfortunate that the judge just granted the default judgment. For it to be a trademark infringement, there needs to be a "use in commerce," and it's unclear how posting something online could be seen as a use in commerce if there was no commercial aspect to it. In the grand scheme of things, these rulings mean very little, since they're default judgments, but they'll likely be used by copyright trolls to try to justify their own actions going forward.