Case 1:13-cv-01215-TSC Document 239 Filed 03/31/22 Page 46 of 47
Defendant’s posts have included errors. See Pls.’ 2d Supp. SMF ¶¶ 13–14. While Defendant claims that it has and will continue to correct any errors brought to its attention, see id., this is hardly reassuring for Plaintiffs.
- 2. Adequacy of Monetary Damages
Plaintiffs argue that because damages here are difficult to quantify and Defendant may be unable to pay damages, legal remedies are inadequate. See Fox Television Stations, Inc. v. FilmOn X LLC, 966 F. Supp. 2d. 30, 50 (D.D.C. 2013). Neither party has submitted evidence that would be helpful in calculating damages, such as how many users who access Defendant’s posts actually download them, and whether those downloads were in lieu of purchases. Moreover, Defendant has not disputed that it has “extremely limited financial resources available to pay any damages award” and that in 2014 it “generated under $100,000 in operating income and had $248,000 in total net assets.” See ASTM PSMF ¶¶ 272–73. Given that the Copyright Act provides for statutory damages ranging from $750 to $30,000 for each of the standards at issue in the overall case, or even up to $150,000 per infringement if Plaintiffs were to later prove that infringement was willful, Defendant’s potential inability to pay is certainly a factor weighing towards equitable relief. See 17 U.S.C. § 504(c)(1)–(2).
- 3. Balance of Hardships & Public Interest
The court must weigh the likely harms to Plaintiffs as described above with any harm to Defendant if an injunction is imposed. Defendant’s CEO Carl Malamud, when asked in his ASTM deposition what financial impact an injunction barring posting of the standards would have on Public Resource, responded, “probably none.” ECF No. 118-12, Rubel Decl., Ex. 3, Malamud Dep. at 219:22–220:4. The only harm he identified was that “one hates to have wasted
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