(A) Any person who violates the provisions of §§ 13.5/16-10, 13.5/16-11, or 13.5/16-12, shall be liable to the cable television system or subscription television service whose transmission or cable television service has been intercepted or decoded for monetary damages measured by three times the amount of actual damages sustained by the plaintiff as result of the violation and any resulting profits of the person committing the violation plus an amount equal to three times the amount of services unlawfully obtained. For the purpose of this division (A), to establish profits the plaintiff is required to present proof only of the gross revenue of the person committing the violation, and such person is required to prove his deductible expenses and the elements of profit attributable to factors other than the violation. In addition to the foregoing, the Court may award punitive damages where the Court finds that the violation was committed for the purpose of commercial advantage.
(B) In any civil action brought under this section, the Court shall allow the recovery of full costs plus an award of reasonable attorney's fees to the prevailing party.
(C) In any civil action brought under this section, the plaintiff may also bring an action to enjoin and restrain any violation of §§ 13.5/16-10, 13.5/16-11, or 13.5/16-12 without having to make a showing of special damages, irreparable harm or the inadequacy of other legal remedies, and may in the same action seek damages as provided in division (A) of this section. Upon execution of a proper bond against damages for an injunction improvidently granted, a temporary restraining order or a preliminary injunction may be issued in any such action before a final determination on the merits.
(D) It is not a necessary prerequisite to an action pursuant to this section that the plaintiff has suffered, or to be threatened with, actual damages.
(Ord. 149, passed 4-2-90)