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Posts Tagged ‘copyright troll’

It is now three days later, and I am unhappy with the “ME2 Productions, Inc. Texas-based Copyright Infringement Lawsuits” article I wrote on Friday. For this purpose, I am providing a quick summary so that those implicated in this lawsuit will understand what appears to really be going on ‘under the surface.’

ME2 Productions, Inc. is the legal entity suing Comcast ISP subscribers for the download of the “Mechanic: Resurrection” movie with Jason Statham (think, “The Transporter”). This ME2 movie appears to have been shared on the Popcorn Time software at the same time as the Septembers of Shiraz movie, the “The Cell” movie, among others. On Friday, I referred to this lawsuit as the “third leg” because the three movies were often mentioned within the context of the other two when defending a John Doe Defendant in Josh Wyde’s concurrent lawsuits (September Productions, Cell Film Holdings). My ‘gut’ understanding was that someone who inadvertently clicked on the “The Cell” movie also downloaded the Mechanic: Resurrection movie. Why? Because they were likely next to each other on the Popcorn Time PC or cell phone app.

WHY POPCORN TIME USERS CAN GET ACCUSED OF COPYRIGHT INFRINGEMENT

Popcorn Time developers and I have exchanged a number of heated arguments over the years. My primary objection to them is that they lure users in with their professional appearance, they offer a VPN claiming to ‘hide’ the identity of the user when searching for the movie, but as far as I can recall, the VPN is not used when the Popcorn Time software connects to the internet via BITTORRENT and creates a conduit through which the user can watch the copyrighted movie without a license. Because Popcorn Time connects to BITTORRENT to serve the movie to their end user (making the end user the downloader for copyright infringement and liability purposes), the end user’s internet IP address is shared by the software in the bittorrent swarm (which is then monitored by the copyright holder), which is how the end user gets ‘caught’ and sued in federal court for copyright infringement.

Again, my arguments with Popcorn Time happened over two years ago, and I do not monitor their software.  All I know from the attorney perspective is that I am still getting clients sued as “John Doe” defendants in a number of cases, and too many of them are telling me they never used bittorrent — only Popcorn Time on their phone, or on their computer.

WHAT SEEMS TO BE THE ‘DIRTY SECRET’ OF THE COPYRIGHT TROLLS AND THEIR ATTORNEYS?

Now I do not know whether the plaintiff attorneys solicited the copyright holders for the Mechanic: Resurrection movie and sold their services to enforce the copyrights just as they are doing so for the other production companies. Rather, just as one tugs at a string until the whole thing unravels, I have been tugging at the various ‘copyright troll’ cases for years now, and the ME2 lawsuit just smells like a Voltage Productions, Inc. scenario.

What does that mean in the conspiracy world of copyright trolling? In the copyright troll world, you usually have one or more entities, most popularly, a German company named Guardaley with various companies here in the US who employ local attorneys to ‘shake down’ downloaders of their copyrighted films. Similarly, there is the Voltage Pictures, Inc. company (possibly linked with Guardaley, possibly not), which contacts copyright holders in the US, and offers to monetize the copyrights owned by those production companies. They sign an agreement with the movie company to create an entity using that movie company’s name, and they engage in business parading as that company when really they are the licensee (the one receiving the license from the movie company to make as much money as possible for that company). Included in the Voltage business model (as far as I understand it from the Dallas Buyers Club vs. Dallas Buyers Club lawsuit) is to sue downloaders of the copyrighted movie parading as that movie studio, when really, they are not the holder of the copyright rights. It’s a scam which evaded many people and judges, myself included, for a long time.

Thus, when a client was sued by Dallas Buyers Club, LLC, unbeknownst to anyone, they were sued by Voltage Pictures, Inc. masquerading as Dallas Buyers Club, LLC — even setting up local Texas entities using the name “Dallas Buyers Club, LLC” when the movie company itself could have been called “Dallas Buyers Club, Inc.” incorporated in some other state. This sounds like minutia, but in the eyes of the law, this is a serious misrepresentation, maybe even rising to the level of fraud.

For the clients I defended over the years, a dismissal against Dallas Buyer’s Club, LLC is binding on the real Dallas Buyer’s Club copyright holder, regardless of whether Dallas Buyers Club was cheated by the Voltage attorneys who signed the agreement, but did not pay Dallas Buyers Club the royalties and settlement payments they were due according to their agreement. The reason for this is because the Dallas Buyer’s Club attorneys were acting as the agents of the real Dallas Buyers Club movie entity.  Nevertheless, the ‘behind the scenes’ activity which is hidden from even my eyes until one entity sues the other still is interesting to one implicated in the lawsuit (and it is useful in the defense as well should we begin inquiring as to the identity of the so-called copyright holder suing the John Doe Defendants).

Because I did not properly explain this, I was unhappy with last week’s article. I threw out the suspicion that the ME2 case was not Josh Wyde (ME2’s local counsel here in Texas) going from one copyright holder to another trying to “drum up business” and acquire new clients, but rather, I am sensing that each of the lawsuits they are filing are coming from the same singular entity, my best guess being Voltage Pictures, Inc. (or possibly Guardaley, IPP, or some linked entity), who instructs their network of lawyers across the US to “sue these internet users for the download of this or that movie,” and not much effort goes into actual contact with the movie company itself who spent the time and effort to make, produce, and film that movie.

My gut feeling is that this “Voltage / Guardaley / IPP” ‘scheme’ of licensing copyright rights for the purpose of suing defendants using the same attorneys for each copyright lawsuit is a scam which goes to the heart of possibly ALL of the “copyright troll” lawsuits filed across the US.

WHY A FINANCIAL INCENTIVE TO LITIGATE CREATES AN OVERZEALOUS COPYRIGHT TROLL ATTORNEY

The difference between the other copyright infringement attorneys I have fought against and Josh Wyde (including his counterpart, Gary Fischman) is that these two are zealous in their representation of their client. They are quick to name and serve a defendant, and they are quick to drum up paperwork in a court proceeding, which is why I suspected that they weren’t just running a commission-based copyright troll scheme.  Rather, I suspect that they are actually getting paid by the hour by the copyright holders (or the entities masquerading as the copyright holders), and thus their incentive to be litigious is higher than the average copyright troll.

This is relevant to the John Doe Defendant because unlike the usual copyright troll attorneys who file lawsuits across the US using templates provided to them by the copyright troll, in Texas, the plaintiff attorneys appear to be more litigious and more aggressive because they appear to be paid for their time.  Either that, or they really care about suing downloaders accused of piracy and believe in what they are doing.

TO VILIFY THE ‘COPYRIGHT TROLL’ ATTORNEY, OR NOT TO VILIFY…

Unfortunately, as much as I would like to vilify the Texas-based ‘copyright troll’ attorneys for even taking on the clients who sue defendants for the download of copyrighted videos, I cannot do so without also mentioning that they have *helped* a number of my clients get out of precarious situations. On the flip side, they have grossly misrepresented articles I have written on this blog to the point of their filing to the court being an intentional misrepresentation — taking words I have written on the blog [about the option to ‘ignore’ a copyright infringement lawsuit and its repercussions] completely out of context for their own benefit, and they have sometimes been unfairly harsh and overzealous towards clients of mine for no apparent reason, …akin to a lawyer who zealously fights to defend a rapist because that lawyer believes that even the rapist has the right to a fair trial. Now copyright trolling is far less offensive than representing a rapist, but because a copyright infringement lawsuit can devastate the savings of the average family, I have seen too many lives destroyed by copyright infringement lawsuits and thus I see the copyright holders not as rapists, but rather, as predatory.

On my end, whether the John Doe Defendant downloaded the copyrighted title or not, I still feel good about defending them against the copyright holders. I acknowledge the damage piracy does to the copyright holders (as do many of my clients), but I do not believe someone who clicks on a link should be held liable for statutory damages of $150,000 in a copyright infringement lawsuit, and so I defend them; any of them, even the worst ‘offenders’. And yet, as damaging as piracy is said to be for the copyright holders, a John Doe Defendant is not a predator. Rather, the other side — the Voltage Pictures / Guardaley entities of the world — are the predators, so to speak, and I would not represent a predator just as I would not represent a rapist. But my opposing counsel would, which is what separates us.

Vilifying the attorney who sues you feels good to do, but really, it is their client who is the predator. And while I wouldn’t take such a predator as a client in my practice, I stop myself from vilifying the attorney who takes them on as a client.

This isn’t a “defense attorney, good, copyright troll attorney, bad” article. Rather, I am hoping that this article will serve to be an insight for the Texas John Doe Defendant into the mindset of the attorneys on the plaintiff attorney’s side (especially since most movie-based copyright infringement lawsuits are filed by the same attorney working for what I believe is the Voltage/Guardaley/IPP entity as their client), because understanding the motivations of both the attorneys and their underlying clients (and true nature of the entities filing the lawsuits and their motivations, sometimes for a ‘quick buck’) can be helpful when defending a John Doe Defendant who is accused of copyright infringement or negotiating a settlement when “the deed (the unlawful download) is known and can be proven.”

KNOWN Texas Southern District Court ME2 Cases [Filed in 2017]:

ME2 Productions, Inc. v. DOES (Case No. 4:17-cv-00501)
Filed: Feb 15, 2017, Judge: TBA

ME2 Productions, Inc. v. Does 1-12 (Case No. 4:17-cv-00404)
Filed: Feb 09, 2017, Judge: TBA

ME2 Productions, Inc. v. DOES (Case No. 4:17-cv-00275)
Filed: Jan 27, 2017, Judge: TBA

ME2 Productions, Inc. v. Does (Case No. 4:17-cv-00143)
Filed: Jan 17, 2017, Judge: TBA

Again, for an analysis of the other ME2 Productions, Inc. bittorrent-based cases filed across the US, click here. I hope this article has been insightful.


CONTACT FORM: If you have a question or comment about what I have written, and you want to keep it *for my eyes only*, please feel free to use the form below. The information you post will be e-mailed to me, and I will be happy to respond.

NOTE: No attorney client relationship is established by sending this form, and while the attorney-client privilege (which keeps everything that you share confidential and private) attaches immediately when you contact me, I do not become your attorney until we sign a contract together.  That being said, please do not state anything “incriminating” about your case when using this form, or more practically, in any e-mail.

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Let’s take this one step deeper, and delve into the 100 most recent cases filed in October, because these are the Malibu Media, LLC cases most relevant to people now (the July-August batch of cases have likely been disposed of by now).

Of the 109 cases, roughly EIGHTY of them were filed in the California Northern District Court, and EACH AND EVERY CALIFORNIA CASE was assigned to Judge William Alsup (going back to even 2011, I referred to him as ‘Judge Rocket Docket’ by the way he handles and disposes of cases). In my humble opinion, it appears to me as if Malibu Media here stepped in the mud.

Here are a list of the cases. I’ll write my opinion about them in just a moment.:

80 CASES FILED IN 10/2016 IN THE CA NORTHERN DISTRICT COURT (CAND) — [I’m not formatting these.  Just note the filing dates.]
Malibu Media LLC v. Doe (Case No. 3:16-cv-05741) Oct 06, 2016
Malibu Media LLC v. Doe (Case No. 4:16-cv-05742) Oct 06, 2016
Malibu Media LLC v. Doe (Case No. 3:16-cv-05742) Oct 06, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-05737) Oct 06, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-05738) Oct 06, 2016
Malibu Media, LLC v. Doe (Case No. 5:16-cv-05741) Oct 06, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-05739) Oct 06, 2016
Malibu Media, LLC v. Doe (Case No. 4:16-cv-05735) Oct 06, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-05735) Oct 06, 2016
Malibu Media, LLC v. John Doe (Case No. 5:16-cv-05743) Oct 06
Malibu Media, LLC v. John Doe (Case No. 3:16-cv-05743) Oct 06
Malibu Media LLC v. Doe (Case No. 3:16-cv-05825) Oct 09, 2016
Malibu Media LLC v. Doe (Case No. 3:16-cv-05829) Oct 09, 2016
Malibu Media LLC v. Doe (Case No. 3:16-cv-05827) Oct 09, 2016
Malibu Media LLC v. Doe (Case No. 4:16-cv-05828) Oct 09, 2016
Malibu Media, LLC v. Doe (Case No. 5:16-cv-05826) Oct 09, 2016
Malibu Media, LLC v. Doe (Case No. 5:16-cv-05829) Oct 09, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-05826) Oct 09, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-05828) Oct 09, 2016
Malibu Media, LLC v. John Doe (Case No. 5:16-cv-05824) Oct 09
Malibu Media, LLC v. John Doe (Case No. 3:16-cv-05824) Oct 09
Malibu Media, LLC v. John Doe (Case No. 3:16-cv-05823) Oct 09
Malibu Media LLC v. Doe (Case No. 4:16-cv-05850) Oct 11, 2016
Malibu Media LLC v. Doe (Case No. 3:16-cv-05845) Oct 11, 2016
Malibu Media LLC v. Doe (Case No. 3:16-cv-05848) Oct 11, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-05847) Oct 11, 2016
Malibu Media, LLC v. Doe (Case No. 4:16-cv-05845) Oct 11, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-05849) Oct 11, 2016
Malibu Media, LLC v. Doe (Case No. 4:16-cv-05848) Oct 11, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-05850) Oct 11, 2016
Malibu Media, LLC v. Doe (Case No. 4:16-cv-05849) Oct 11, 2016
Malibu Media, LLC v. Doe (Case No. 5:16-cv-05855) Oct 11, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-05855) Oct 11, 2016
Malibu Media, LLC v. John Doe (Case No. 3:16-cv-05843) Oct 11
Malibu Media, LLC v. John Doe (Case No. 4:16-cv-05843) Oct 11
Malibu Media LLC v. Doe (Case No. 3:16-cv-05925) Oct 13, 2016
Malibu Media LLC v. Doe (Case No. 3:16-cv-05926) Oct 13, 2016
Malibu Media LLC v. Doe (Case No. 3:16-cv-05920) Oct 13, 2016
Malibu Media LLC v. Doe (Case No. 3:16-cv-05927) Oct 13, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-05921) Oct 13, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-05922) Oct 13, 2016
Malibu Media, LLC v. John Doe (Case No. 3:16-cv-05923) Oct 13
Malibu Media LLC v. Doe (Case No. 3:16-cv-05974) Oct 17, 2016
Malibu Media LLC v. Doe (Case No. 3:16-cv-05976) Oct 17, 2016
Malibu Media LLC v. Doe (Case No. 5:16-cv-05975) Oct 17, 2016
Malibu Media LLC v. Doe (Case No. 3:16-cv-05975) Oct 17, 2016
Malibu Media LLC v. Doe (Case No. 4:16-cv-05977) Oct 17, 2016
Malibu Media LLC v. Doe (Case No. 3:16-cv-05977) Oct 17, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-05970) Oct 17, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-05972) Oct 17, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-05973) Oct 17, 2016
Malibu Media LLC v. Doe (Case No. 4:16-cv-06108) Oct 23, 2016
Malibu Media LLC v. Doe (Case No. 3:16-cv-06110) Oct 23, 2016
Malibu Media LLC v. Doe (Case No. 4:16-cv-06109) Oct 23, 2016
Malibu Media LLC v. Doe (Case No. 3:16-cv-06111) Oct 23, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-06106) Oct 23, 2016
Malibu Media, LLC v. Doe (Case No. 5:16-cv-06110) Oct 23, 2016
Malibu Media, LLC v. Doe (Case No. 5:16-cv-06111) Oct 23, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-06107) Oct 23, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-06108) Oct 23, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-06112) Oct 23, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-06109) Oct 23, 2016
Malibu Media, LLC v. Doe (Case No. 4:16-cv-06107) Oct 23, 2016
Malibu Media LLC v. Doe (Case No. 3:16-cv-06160) Oct 25, 2016
Malibu Media LLC v. Doe (Case No. 3:16-cv-06146) Oct 25, 2016
Malibu Media LLC v. Doe (Case No. 3:16-cv-06147) Oct 25, 2016
Malibu Media, LLC v. Doe (Case No. 5:16-cv-06160) Oct 25, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-06155) Oct 25, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-06141) Oct 25, 2016
Malibu Media, LLC v. John Doe (Case No. 3:16-cv-06144) Oct 25
Malibu Media, LLC v. John Doe (Case No. 3:16-cv-06143) Oct 25
Malibu Media LLC v. Doe (Case No. 3:16-cv-06241) Oct 28, 2016
Malibu Media LLC v. Doe (Case No. 3:16-cv-06242) Oct 28, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-06245) Oct 28, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-06239) Oct 28, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-06247) Oct 28, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-06240) Oct 28, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-06249) Oct 28, 2016
Malibu Media, LLC v. John Doe (Case No. 3:16-cv-06243) Oct 28

My first impression when reviewing these cases was… why did they file them in batches of 10-13 cases or less?  Were they trying to ‘play’ the case distribution game in order to make sure the cases were equally distributed between all of the California Northern District federal judges?  Because this backfired on them.  Judge Alsup has all of their California cases.

I actually smiled when I saw that each of the cases are now assigned to Judge Alsup, because he has been known to question Malibu Media’s tactics. Let me say this more clearly — Judge Alsup knows exactly who Malibu Media, LLC is, what kind of copyright trolls they are, and he makes no secret about it. He is even on the record in casting doubt on the reliability and the accuracy of the geolocation data that Malibu Media uses to file their lawsuits.

Most recently, on December 1st (see, Case No. 3:16-cv-05738 (Document 8)), Judge Aslup denied 53 requests by Malibu Media to send letters to the ISPs ordering them to turn over the identity of the accused internet users, which means that 53 of the 80 California ‘John Doe’ defendants in these cases (maybe more by now) will be shielded from Malibu Media, LLC’s copyright infringement lawsuits and tactics.

IN SUM, BECAUSE JUDGE ALSUP DENIED MALIBU MEDIA LLC’S MOTION FOR EXPEDITED DISCOVERY, MALIBU MEDIA LLC WILL NOT BE PERMITTED TO SEND SUBPOENAS TO THE ISPs ORDERING THEM TO HAND OVER THE CONTACT INFORMATION FOR THESE DEFENDANTS.

I have not checked whether anything has happened since 12/8, but in short, if you live in California, Malibu Media is not doing so well.

Sources and Kudos to:
Fight Copyright Trolls, “Judge Alsup questions accuracy of Malibu Media’s geolocation technology, stays subpoena” on 6/20/2016, updated on 12/6/2016.

Fight Copyright Trolls, ““Malibu Media’s geolocation accuracy: more scrutiny” on 6/21/2016.

Techdirt, “Judge Calls Out Malibu Media For Its Attempt To Cut And Run When Faced With Challenge To Its Infringement Claims” on 6/27/2016.


CONTACT FORM: If you have a question or comment about what I have written, and you want to keep it *for my eyes only*, please feel free to use the form below. The information you post will be e-mailed to me, and I will be happy to respond.

NOTE: No attorney client relationship is established by sending this form, and while the attorney-client privilege (which keeps everything that you share confidential and private) attaches immediately when you contact me, I do not become your attorney until we sign a contract together.  That being said, please do not state anything “incriminating” about your case when using this form, or more practically, in any e-mail.

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So we all thought the Malibu Media, LLC lawsuits were dead this summer after Malibu Media sued their attorney Keith Lipscomb (a.k.a., the “kingpin” and “mastermind” behind the 6,800+ lawsuits filed against single “John Doe” defendants)). If you want a quick summary, here seems to be the jist of what happened.

  • Malibu Media, LLC hired Lipscomb to run their copyright infringement / settlement extortion scheme utilizing his network of attorneys spanning the federal courts across the US.
  • Lipscomb appeared to have pulled in hundreds [maybe thousands] of settlements, each settlement likely amounting to $10,000-$30,000, or more.
    (NOTE: This dwarfs the settlement monies collected by Steele & Hansmeier, now arrested for mail fraud, wire fraud, and perjury allegedly committed in the furtherance of their copyright troll scheme.)
  • Lipscomb apparently paid Malibu Media, LLC only $100,000 in commissions (the equivalent of ten settlements [10 x $10,000 = $100K]), but then never paid Malibu Media again.

The relationship between Lipscomb and Malibu became sour when Malibu Media, LLC became suspicious as to how they only earned $100K in commissions.  They demanded an accounting to determine whether they were being paid properly (this is still being litigated, but my guess is no; namely, that Malibu was being cheated by the lawyers they hired to extort others). Lipscomb claims that Malibu actually owes him money (to simplify the numbers, think — 6,800 lawsuits filed x est. $400/filing = $2.7 Million in filing fees alone). Malibu sued Lipscomb, they went to court, and in late April 2016, new Malibu Media, LLC filings stopped dead.

On April 18th, 2016, Keith Lipscomb told all of his local counsel that he is no longer representing Malibu Media, LLC (citing a lack of profitability), meaning that each of his local counsel were no longer representing Malibu Media, LLC, or so we thought. Wrong. Various local counsel continued the lawsuits already filed, but very few new suits were filed.

Here are the number of case filings since:
April 2016 Filings: 97
May 2016 Filings: ZERO!
June 2016 Filings: ZERO!
July 1- July 20 Filings: ZERO!
July 21 -> [end of month] filings: 75
August Filings: 59
September Filings: ZERO!
October Filings: 109 — FULL SPEED AHEAD? Nope.
November Filings: ZERO.
December Filings: ZERO…?

So, we are now in December (six months later), and Malibu Media LLC lawsuits are far from dead, or are they?!?

Here’s what I understand:
1) Lipscomb is no longer in charge of the Malibu Media, LLC lawsuits.
2) Individual attorneys (formerly, local counsel) appear to have taken Malibu Media, LLC as their own client, meaning that Malibu is creating relationships with each attorney, and each attorney appears to have a “territory” or a federal district court in which s/he practices.
3) I still think there is someone at Malibu Media, LLC headquarters (maybe Elizabeth Jones) still directing all of the attorneys.

 

In sum, Malibu Media, LLC and their lawsuits are not dead, at least not yet, but they continue to plague the federal courts and the accused downloaders with their high-ticket settlement prices, and thus they still need to be taken seriously, at least for now.

NEXT: Let’s go into the recent cases themselves to get an idea of what is going on with the last set of cases filed…

Sources:
Arstechnica: “File-sharing lawsuit numbers drop by more than half; both Malibu Media and Prenda Law have run into different roadblocks.” on 7/19/2016.

Techdirt: “Malibu Media Sues Its Former Lawyer Over Missing Funds, Breach Of Bar Rules,” on 6/29/2016.

Arstechnica: “Porn studio that sued thousands for piracy now fighting its own lawyer,” on 6/28/2016

Fight Copyright Trolls: “Malibu Media sues its former counsel Keith Lipscomb and his firm for professional negligence and breach of fiduciary duty,” on 6/28/2016


CONTACT FORM: If you have a question or comment about what I have written, and you want to keep it *for my eyes only*, please feel free to use the form below. The information you post will be e-mailed to me, and I will be happy to respond.

NOTE: No attorney client relationship is established by sending this form, and while the attorney-client privilege (which keeps everything that you share confidential and private) attaches immediately when you contact me, I do not become your attorney until we sign a contract together.  That being said, please do not state anything “incriminating” about your case when using this form, or more practically, in any e-mail.

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DISCLAIMER: In this article I speak a lot about plaintiff attorneys cheating their own copyright holder clients, billing them “by the hour” (rather than the conventional method of accepting the copyright holder clients “on contingency”), and in some cases, wasting time to generate additional billing to their own clients.  It is my observation and opinion that this is happening, but short of a lawsuit like we saw with the Dallas Buyers Club copyright holders against their Voltage Pictures licensee, it is difficult to prove that such things are taking place.  However, “honor or dishonor among thieves” is not the topic or the point of the article — the point of the article is that plaintiffs are dragging defendants further into the federal lawsuits by naming and serving them, and it is my opinion that it is still possible to obtain a settlement, even after a client has admitted guilt in an answer to a deposition question.

It is a sad day when trolls force those they’ve accused to become legal experts and to stick their toes into the federal courts to defend themselves. In the attached article, DTD is correct that lawyers (myself included) can get expensive, and defending a case (e.g., answering a complaint, showing up and defending a deposition, answering the various requests for information that are required in a federal lawsuit, etc.) is often more expensive than simply paying a copyright troll plaintiff a few bucks to make them go away.

Unfortunately (at least in my Texas Southern District federal court), the copyright-troll attorneys appear to be billing their copyright-holder clients BY THE HOUR (which differs from the old model of a plaintiff attorney agreeing to take a case on contingency and only sharing in the settlement profits believing [the lie] that “they’ll make millions going after John Doe Defendants”), so these ‘hardened’ plaintiff attorneys seem to be running-up the bill by dragging the defendants through the mud — naming them, serving them, filing documents, and wasting everyone’s time.

In short, while I agree that IN NORMAL CIRCUMSTANCES doing what DTD suggested (filing an answer with the court and fighting your case) would normally not be something one would ever dare do [at least without a lawyer holding his/her hand, or sitting in and defending a deposition], in today’s evolution of the bittorrent cases, filing an answer and at least being willing to endure the legal process until a settlement is offered (and a settlement is usually offered eventually) has become a necessity.

WHY BEING FORCED TO ANSWER QUESTIONS IN A DEPOSITION MIGHT LEAD TO A SETTLEMENT:

Let’s take a quick example.  In the typical scenario, the goal in representing a client who wants to settle is to contact the plaintiff attorney on the client’s behalf and negotiate a settlement.  For a plaintiff attorney who is billing his copyright troll client by the hour (as is what appears to be happening in the Texas bittorrent-based copyright infringement cases), agreeing to a settlement is too easy of an outcome because the plaintiff attorney does not make the kind of money he could make “dragging the defendant through the mud while charging his client hourly to do so.”  (Remember, as we saw with the Voltage / Dallas Buyers Club cases, a crooked attorney steals not only from his victim [the accused defendant], but also from his client (as we saw in the Voltage / Dallas Buyers Club cases where Voltage was sued for failing to pay Dallas Buyers Club monies earned and owed to it through its copyright enforcement activities)).

More likely than not, the plaintiff attorney’s client (the actual copyright holder seeking to “monetize” or “enforce” the rights given to him via his copyright) is not aware that the attorney is overbilling (e.g., engaging in such “mud-dragging”, “revenue-producing” activities often cannot be proven, and thus it continues until the copyright holder gets tired of paying his attorney’s bill).  Thus, free of scrutiny from his client, the plaintiff attorney needlessly exacurbates the situation by demanding from the defendant something unreasonable (e.g., that unless the defendant is willing to agree to sign an explicit admission of guilt prior to being made aware of the kind or amount of settlement he will be offered, there will be no settlement).  [FYI, this is something no sane person would agree to.]  As a result, the defendant refuses to admit guilt, he gets named and served, and he is forced to spend thousands of dollars more to defend himself.  Why?  Because his plaintiff attorney figured out a way to milk not only him (the defendant), but his copyright-holder client as well.

There are a number of steps that happen after being named and served, but the point is that eventually, the plaintiff attorney is going to schedule a deposition (where the defendant will need to answer questions “under oath,”) and the defendant is going to tell the truth about what happened.  If the download indeed happened, this will come out in the deposition.

However, this “nightmare” fear that the defendant will “admit guilt” will only cause one result — the plaintiff will have proof that at trial, based on the information elicited from the defendant in the deposition, that defendant could be held liable for the $150,000 in statutory damages.  But then… how many of these defendants have $150K sitting around in their mattresses or in their bank accounts?  And if they do, don’t you think that instead of paying the judgment, they would rather hire a bankruptcy lawyer and file for a bankruptcy to discharge the copyright infringement judgment in bankruptcy?

In short, the worst-case-scenario in a deposition is that the defendant admits guilt, which is often what will likely happen if the defendant is the downloader of the copyrighted film.  But then after all this excitement, the plaintiff attorney and the copyright holder still want to get paid (and they know they are likely not going to collect anything by obtaining a $150K judgment against the defendant).  This is why the plaintiff attorney will likely initiate settlement talks with the defendant, taking his financial circumstances into consideration.

This is not to say that settling a case right away (and before being named and served) is no longer an option — there are multiple copyright holders filing in the Texas and New York courts, including Criminal Productions Inc., September Productions Inc., CELL Film Holdings LLC, the infamous Malibu Media LLC, Fathers & Daughters Nevada LLC, Dallas Buyers Club LLC, and the related non-bittorrent copyright holders which include DISH Network L.L.C. (not so much anymore) and Siemens Product Lifecycle Management Software, Inc. (a software company), each of whom have their priorities and specific instructions on how they would like their plaintiff attorneys to handle the lawsuits on their behalf.

But, what I do want you to glean from this commentary (really, it’s an article, but I did re-blog DTD’s article and I need to stick to that topic), is that plaintiff attorneys ARE naming and serving defendants, and it should be expected that this could happen — and if a defendant is named and served, they could still negotiate a settlement.  But be aware that in order to get to that point, the plaintiff attorney (who might be motivated by maximizing his billing to his own client [think, stealing from you AND stealing from his own client]) might drag you through a deposition and a number of steps before he accepts a settlement from you.

LAST NOTE: BILLING IN “BLOCKS.”

I agree that lawyers are expensive simply because we charge for the time it takes to complete each step of the legal process. However, many attorneys (myself included) already know how much time each step will take, so “flat fee” billing is an option (understanding that billing would happen based on timelines of where you are in the lawsuit).

Thus, it might make sense to hire an attorney who charges you a flat fee for a certain “block” or piece of the lawsuit (e.g.,

BLOCK 1: FROM GETTING NOTICE OF THE LAWSUIT THROUGH BEING NAMED AND SERVED [WITH THE INTENT OF NEGOTIATING A SETTLEMENT PRIOR TO BEING NAMED AND SERVED].

BLOCK 2: FROM BEING NAMED AND SERVED (E.G., FILING AN ANSWER WITH THE COURT, PROVIDING ANY NEEDED DISCLOSURES, FILING ANY PROTECTIVE ORDERS, SETTING DISCOVERY TIMELINES).

BLOCK 3: FILING INTERROGATORIES AND REQUESTS FOR PRODUCTION, AND ANSWERING INTERROGATORIES AND/OR REQUESTS FOR PRODUCTION.

BLOCK 4: PREPARING FOR AND DEFENDING A DEPOSITION.

BLOCK 5: SETTLEMENT NEGOTIATIONS AND RELEASE OF LIABILITY.  Or, BLOCK 5A: FILING A SUMMARY JUDGMENT MOTION TO RELEASE DEFENDANT FROM LIABILITY,

…AND SO ON, BLOCK 6: …TRIAL (my opinion, unlikely, unless the copyright holder figured out a way to prevent the deep-pocket defendant from filing for bankruptcy).

I have laid these out as a template, as each case and each copyright holder often needs to be handled differently.  Typically, clients were able to negotiate a settlement and be released from liability with just BLOCK 1.  However, as we discussed above, we are seeing more-and-more that plaintiff attorneys are taking defendants deeper into the lawsuits (“deeper down the rabbit hole, so to speak”), specifically past the “naming and serving” stage, past the answer stage, and into the discovery stages before considering or accepting settlements.  I am not one to advocate doing this on your own, and if you could afford an attorney (me, or anyone else), that is the safest way to go.  But if hiring me or another attorney is not an option, fighting this on your own (called, “pro se”) is the best alternative, and DTD’s article gives you a good first and necessary step in getting the ball rolling.

As I said before, good article, DTD!

Caveat – I’m not an attorney and I’m not practicing law. This is simply my thoughts and views based on what I see concerning BitTorrent (BT) Copyright Infringement Trolls. If you decide you need legal advice, please hire a knowledgeable attorney. IF you truly cannot afford an attorney, here at least is one possible option. […]

via Answering A BT Copyright Troll Summons/Complaint — DieTrollDie


CONTACT FORM: If you have a question or comment about what I have written, and you want to keep it *for my eyes only*, please feel free to use the form below. The information you post will be e-mailed to me, and I will be happy to respond.

NOTE: No attorney client relationship is established by sending this form, and while the attorney-client privilege (which keeps everything that you share confidential and private) attaches immediately when you contact me, I do not become your attorney until we sign a contract together.  That being said, please do not state anything “incriminating” about your case when using this form, or more practically, in any e-mail.

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Every pirate knows that the only way to block the copyright trolls from identifying their true IP addresses (and thus sending out DMCA copyright infringement notices, as outfits such as CEG-TEK have been known to do) is through the use of a Virtual Private Network (VPN) [, and not just any VPN, but a paid VPN provider which does not track their subscribers’ activities*].

In recent weeks, I have heard from various copyright trolls that bittorrent users are “winning the piracy war,” in that their activities have thwarted the copyright holders from learning who they are. Armed with what is becoming common knowledge of free software which can be configured to stream pirated content (e.g., Kodi, formerly XBMC), internet users who wish to “unplug” from the cable companies are able to do so in a way in which it becomes difficult if not next to impossible to be caught viewing streamed content**. Not only this, but many have even purchased Amazon Fire sticks which can be jailbroken to allow the Kodi software to be installed on it, and they are watching pirated videos from their HDTV without even needing a computer.***

But what is the effect of “winning the war” on those who are left behind and don’t realize that they need to use a VPN if they are going to bittorrent their favorite movie, software, or video game? This is the point of the article.

The unintended consequence of bittorrent users learning to use a VPN, or migrating away from bittorrent and towards free streaming services is that copyright holders [who for three years now have enjoyed easy settlement money] are realizing that there simply are not enough people to send DMCA / copyright infringement notices to in order to line their pockets with gold and dirty cash. As a result, it is my experience that they are becoming “less nice” and they are trying to make more money from fewer downloaders. Case-in-point: Girls Gone Wild DMCA notices used to ask for one $300 settlement for a whole page of 60+ videos, but now they are asking for tens of thousands of dollars for that same “click” of a bittorrent file.

I am also noticing that CEG-TEK is acting differently, perhaps in response to what has been described to me as a steep decline in numbers of “pirates” to whom they can send DMCA notices. In the past few weeks, it has been my experience that Copyright Enforcement Group (CEG-TEK) is now sending multiple notices out to the ISPs for the same download. In one case regarding their Girls Gone Wild client that I mentioned above, CEG-TEK sent literally over 1,000 notices to one ISP for the alleged download of one bittorrent file.

At first I thought this was a glitch in their computer system, but then it occurred to me that maybe CEG-TEK somehow benefits from keeping the numbers of DMCA notices sent to the ISPs artificially high. Is there any benefit to them to be doing this? I have been racking my brain on this topic and I still cannot come up with a reason.

Honestly, here is my concern. When an animal is backed against the wall, what does it do? It attacks. If indeed we are winning the bittorrent piracy war, I am concerned that CEG-TEK will begin taking on new clients who thrive on stacking their bittorrent files with hundreds of adult films. Those who are sophisticated will understand exactly who I am speaking about.  

They will then trap the unsuspecting bittorrent user who “clicks on ONE bittorrent file” in their spider web, and that user will receive hundreds of DMCA notices which will scare the b’jeebies out of him.  Then they will give in to the urging of their less-than-ethical client, and they will agree to start charging more than the $300 per title that they currently do (remember, at one point, CEG-TEK used to charge $200 per title, and then at what I understood to be the urging of their client, they raised the settlement amount to $300 per title).  So they are pliable, as we have seen in the past.

In the end, just as we saw hints of this with the recent Girls Gone Wild debacle, CEG-TEK will morph from a $300 per title copyright enforcement outfit (lamb) into a $3,500 per title shakedown outfit (wolf) where they base their settlement amounts on the client’s ability to pay rather than what they believe is a “fair” amount to compensate the copyright holders.

Last, but not least, I learned that CEG-TEK threatened an accused downloader with criminal prosecution this week. For those of you who know me, I have spent almost every day since 2010 working on copyright infringement cases. NEVER until last week have I seen a copyright holder threaten an accused internet user with criminal charges for a copyright infringement matter.

In sum, the times they are a changin’. If we are indeed winning the war, what will CEG-TEK turn into in order to survive?  And, what will their copyright holders (who for the most part have been docile and lazy these past few years) do when their easy income stream dries up?


CONTENT CUT FROM THE ARTICLE:

*[UNRELATED PERSONAL NOTE: I am a fan of such VPN providers not because they make piracy more difficult to detect, but because I believe strongly in a person’s right to be anonymous. The amount of snooping that happens with internet trackers, cookies, and newer methods literally sickens me, and I do not believe that advertising companies and ISPs should have so much knowledge about their customers. For this reason, I have nothing wrong with sharing for privacy purposes that examples of VPNs that you can rely on can be easily found by searching “torrentfreak secure vpn” on Google, or just by going to TorrentFreak’s website where they review VPN providers which take your anonymity seriously. Just be sure to have some mechanism in place that if the VPN connection goes down, even for a second, that your real IP isn’t exposed to whatever site you happen to be visiting, or to whatever server you happen to be connected to. This is called a “DNS leak,” and there are easy ways to configure your system to lock down the connection if or when the VPN goes down, even for a second.]

** NOTE: There is a popular software called PopcornTime which I am sad to share has given our firm many clients who have been caught downloading mainstream movies (e.g., The Dallas Buyers Club cases, Voltage Pictures’ Fathers & Daughters Nevada, LLC cases, and most recently, Millennium Film’s London Has Fallen (“LHF”) movie cases, etc.). Most recently, I have been seeing new CEG-TEK notices for Millennium Film’s “Criminal” movie which the copyright holders have already started suing in “Criminal Productions, Inc. v. John Doe” copyright infringement lawsuits . The reason for so many getting caught is that PopcornTime appears to be a software which allows you to stream video content, but it uses bittorrent as its back-end to download the movies.

*** NOTE: The Amazon Fire sticks which have Kodi installed in my opinion can still get you caught for copyright infringement. The reason for this is that they connect directly to the internet exposing your real IP address. Most people don’t realize that they need to also configure their ROUTER to connect to the internet through their paid VPN provider.


CONTACT FORM: If you have a question or comment about what I have written, and you want to keep it *for my eyes only*, please feel free to use the form below. The information you post will be e-mailed to me, and I will be happy to respond.

NOTE: No attorney client relationship is established by sending this form, and while the attorney-client privilege (which keeps everything that you share confidential and private) attaches immediately when you contact me, I do not become your attorney until we sign a contract together.  That being said, please do not state anything “incriminating” about your case when using this form, or more practically, in any e-mail.

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It has been almost a full day since yesterday’s historic Prenda flop where the attorney for Prenda Law Inc. (formerly, Steele|Hansmeier, PLLC and before that, Steele Law Firm PLLC) appeared to be woefully unprepared to overturn the sanctions that were ordered against Prenda Law and their team. (Flashback: “The 12 minute hearing and the end of Prenda Law Inc.” on 4/3/2013)

For those of you who missed it, you can watch the entertaining video here (fast forward to the tall guy).

As a quick recap, two years ago, Prenda Law was caught forging the name “Alan Cooper” on the copyright assignment documents which gave them the apparent authority to sue on behalf of their clients. The “real” Alan Cooper (John Steele’s gardener) who was the victim of identity theft hired an attorney, showed up at one of Prenda’s hearings, and served John Steele with his own lawsuit.

I don’t know how to explain what happened in a recap other than that the whole “house of cards” that was Prenda Law Inc. was unraveled — not because of the Alan Cooper forgery issue, but because John Steele couldn’t stay away from the cases when he successfully made the courts believe that he sold his Steele Hansmeier PLLC law firm to Paul Duffy. Shortly afterwards, he resumed making phone calls and openly running things himself, and he started showing up at hearings and speaking to the judges. This is what tipped off Judge Otis Wright to ask who the real parties in interest were in these lawsuits.

Personally, it jaded me a bit to see that after being caught (having their grand scheme exposed by good lawyers), the lawyers for Prenda continued their stories of misinformation by lying under oath in their depositions and in court proceedings. Further, I was annoyed when I learned about the scheme unfold in its entirety, including the creation of various offshore entities created to funnel settlement payments, and where Prenda peddled the blatant lie that Mark Lutz (the paralegal) was the mastermind behind the lawsuits.

Being behind the scenes when all this was happening, I was also hearing about issues of Prenda Law lying to, not paying, and in one notorious case, turning against their own local counsel who put their law licenses in jeopardy to file the lawsuits on Prenda’s clients’ behalf. Lastly, there were even more issues that I was privy to that never even made it into the courtroom, namely what appeared to be a credible accusation that Prenda Law Inc. was uploading and seeding their own clients’ content on the bittorrent networks — the same bittorrent swarms in which they sued the internet users for downloading the content they uploaded.

My own thought process was that the proper judicial response was 1) for the federal judges to serve as the “guardians of the gates” of the federal courts [e.g., to kill the copyright infringement cases as they are filed based on principles of improper joinder, etc.], and 2) to prevent the attorney(s) at this point from practicing law through the remedies of suspension and disbarment through their local bar associations. If the attorney persists, the attorney(s) should be charged with the unauthorized practice of law. Yet none of this happened. A lawyer (who for the purposes of this article will remain private) filed ethical charges against John Steele to have him disbarred, and in return, Steele filed ethical charges against him [a story for him to tell, not my secrets to tell].  Then, Steele at some point appeared to have voluntarily disbarred himself and retired from the practice of law, and his organization went inactive in the Illinois state registry. Yet his involvement in the cases persisted.

Thus, I was not surprised when Judge Wright wrote his order sanctioning John Steele, the Hansmeier brothers, and all those involved in the conspiracy. What surprised me was their hubris in that they continued fighting after they already lost. This is why I call the Prenda Law fiasco a “circus.” Everybody continues to argue in circles, but nobody goes to jail.

So, getting back to yesterday’s hearing (YouTube Link), there were THREE ITEMS that I took note of in what was perhaps the most entertaining 3-panel judge hearing I have ever seen.

ITEM 1) John Steele and the Hansmeiers were quite upset that Judge Wright implicated them as having broken criminal laws, and even though they were never charged for the violation of those laws (which I could only guess include identity theft [forgery], extortion, perjury, fraud, and perhaps even money laundering and/or racketeering). [NOTE: There were other acts allegedly committed, including the unauthorized practice of law, violation of countless ethical rules including compensating a non-attorney as a partner of the law firm, alleged tax evasion, and misuse of corporate structures after they were dissolved, etc.] Many of these acts if looked into could make the principles of the law firm personally liable for any charges without the protection of a corporate entity.

They appear to have hired attorney Daniel Voelker for the sole purpose of disputing the $200K+ in sanctions awarded against them because Judge Wright implicated them in a lawsuit which they tried their darnedest to keep at an arms length through the use of legal structures, funneling money into offshore entities, using the paralegal as the “fall guy,” and through the use of local attorneys. But rather than arguing against the sanctions award on the merits of whether it was proper to award the sanctions, they appear to have been offended by the implication of having broken criminal law in what Judge Pregerson called “an ingenious extortion fraud [scheme].” Thus, they instructed attorney Voelker to request that the court REMAND (meaning, return to the lower courts as a “do over”) the case to the U.S. District Court so that they can properly defend the insinuation that they committed one or more crimes while running what was — at the time — the most successful copyright trolling extortion scheme in existence.

ITEM 2) Attorney Daniel Voelker appeared to be woefully unprepared for the hearing. When asked about the details of the various copyright troll lawsuits filed by Prenda Law Inc. / Steele Hansmeier PLLC / Steele Law Firm, PLLC, he was unaware of anything other than what was the subject of the appealed case. This was surprising to the judges, it was surprising to me, and I am sure it was surprising to the hundreds of “fans” who were watching the hearing live and streamed over the internet. How could this attorney not be aware of the hundreds of other filings that his client took part in?!?

I also want to point out that YET AGAIN, STEELE, HANSMEIER, AND MARK LUTZ THE PARALEGAL WERE NOTORIOUSLY ABSENT FROM THE PROCEEDINGS.

ITEM 3) Simplifying the discussions of damage multipliers and other damages issues that were discussed, the jist of what the judges needed to decide were 1) whether to uphold the sanctions award against Prenda Law and company, and 2) whether to remand the case so that the questions of criminal conduct could be hashed out.

IN MY OPINION, again, this whole Prenda Law fiasco is a circus. John Steele and his buddies have been “gaming” the system since they began, and even when their whole scheme came tumbling down around them, they turned to lying, cheating, and misdirection in order to get around the rules.

Nothing will right the wrongs that were inflicted on tens of thousands of internet users except seeing each of these attorneys disbarred and jailed for criminal conduct. Yet I cannot see this happening because notorious criminals today too often go uncharged. Judges too often find the “lazy” alternative of slapping an attorney with sanctions, and then not following up on their order when the attorney weasels their way out of paying those sanctions. This is a sign of a corrupt system, and as much as I have faith in the law, I do not have faith that the judges will inflict stern judgement (“fire and brimstone”) against a bunch of lawyers who look more like a**clowns in the courtroom.

Thus, it is my best guess that the sanctions will not only be upheld, but they will be strengthened and perhaps multiplied. However, as for the criminal prosecution of the clowns who perpetrated this grand heist of an extortion scheme, their activities will go unpunished. Maybe they’ll lose their law licenses (noting that in part, this has partially happened to some of them). Maybe they’ll be held personally liable without the shielding of the corporate entities they tried to use to hide their involvement in these cases. Maybe one or more of them will need to continue to hide their money indefinitely and file for bankruptcy. Maybe one or more of them will need to move out of the country and live out their days on a beach somewhere.

I don’t see orange jumpsuits in anyone’s future here. Not in today’s lawless society.

 

USEFUL ARTICLES ON YESTERDAY’S HEARING:

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As a quick recap, the Dallas Buyers Club, LLC piracy lawsuits started in Texas and Ohio, and like a cancer, over the past year they have metastasized into the federal courts of Illinois, Florida, Oregon, Washington, Colorado, Michigan, Indiana, Wisconsin, and even Hawaii.  Copyright lawyers employed by Dallas Buyers Club have even moved their copyright enforcement activities offshore into Canada, Australia, Finland, Denmark, and Japan.

Regardless of where they go, their business model is the same — Voltage Pictures, LLC or Dallas Buyers Club, LLC files a peer-to-peer lawsuit alleging copyright infringement against multiple John Doe Defendants (generally referred to by plaintiffs as “pirates”), they convince a federal judge to rubber-stamp a subpoena demanding that the ISP turn over the contact information of the accused account holders unless the accused account holders file what is known as a “motion to quash.”  The target of the subpoena is almost always the account holder, implying that the account holder is the actual downloader or infringer who downloaded the Dallas Buyers Club (2013) movie.  The plaintiff attorney then sends one or multiple settlement demand letters to the accused downloaders in each case threatening that each will be “named and served” as a defendant in the lawsuit unless they pay a settlement of thousands of dollars (settlement requests average $3,500 to $6,500 [and in one case, $14,000, really?] depending on the state in which the lawsuit is filed).

Where the settlement demand letters blur the line of ethics is that many plaintiff attorneys employ scare tactics, making the John Doe Defendant believe that the lawsuit has already been filed against them personally.  Various attorneys have sent accused downloaders “waiver of service” forms and questionnaires along with their settlement demand letters suggesting that the not-yet-named-defendants answer these questions voluntarily, or that they waive service effectively negating the need for the plaintiff attorney to name and serve them as a defendant.

What bothers me is that because Dallas Buyers Club is not an “adult film” copyright infringement lawsuit (but rather, a “real” movie with a valid copyright and without the stigma of being an adult film), the federal judges are giving them leeway to move in and out of the federal courts to “enforce” their copyrights.  In U.S. copyright law, there is a legal presumption of validity, which means that a judge will initially lean towards favoring the copyright owner until that copyright owner has been shown to be abusing the legal process through a pattern of abuse.  Attorneys for copyright holders who represent the plaintiff generally (in our blog and in the eyes of the courts) get increased scrutiny because they have represented other copyright holders in similar lawsuits employing the same strategy of “sue and settle, but try not to name and serve [and if you do, bluff to the judge that you are prepared to go to trial on the merits of the case].”

These lawyers who file Dallas Buyers Club lawsuits (these are those who sue defendants, NOT those who defend defendants) include a growing list of attorneys, such as: Keith Vogt (Texas), Michael Hierl (Illinois), David Stephenson Jr. (Colorado), Eric Osterberg (Connecticut), Richard Fee (Florida), Paul Nicoletti (Michigan), Carl Crowell (Oregon), Leon Bass (Ohio), and Gregory Ferren (Hawaii).

Many of these names are familiar to those who have followed our “copyright troll” / bittorrent lawsuit blogs over the years, and we often see these names representing one copyright holder after another in the same fashion.  Regardless of who the lawyer is, be aware of the motivation of the Dallas Buyers Club lawsuits — to create a ‘windfall’ profit for the company by pursuing those who download the movie without authorization, and to scare and intimidate the accused downloaders into paying large settlement amounts to avoid defending the claims against them in court.

Related: Dallas Buyers Club launches post-Oscar copyright salvo, sues 615 Does (ArsTechnica)

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