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Posts Tagged ‘Kintop Pictures Inc.’

Manny Copyright Troll

PERSONAL NOTE: I started writing this article about the Manny Pacquiao film lawsuits, and the more I read about the cases, the more upset I got. The gist of the article was originally going to be that the same plaintiff “copyright troll” attorneys who have been filing cases against John Doe Defendants for their Malibu Media LLC client are the same attorneys for the many Manny Film LLC cases filed across the U.S.  Thus, we will be able to predict when representing clients what they will be doing with these lawsuits.

However, there is a real story here with the Manny Film LLC lawsuits, and that story is how the copyright trolls have succeeded in luring those who I considered my peers (fellow defense attorneys) to switch sides to the plaintiff “copyright troll” side of these abusive lawsuits and start suing the very same group of people they once built their reputation swearing to protect. That’s the real story.

Imagine you are downloading the “Top Ten Pirated Movies” from TorrentFreak… Exodus: Gods and Kings… The Hobbit… Fifty Shades of Grey… the newest Hunger Games… and you say, “oh yeah, let me pull that crappy looking movie that is also here, Manny (2014). Maybe it will be the new Rocky.”

How upset would you be after you wasted 88 minutes of your life that you will never get back, and you realize that critics HATED the film? How much more upset would you be when you receive a subpoena notice in the mail from your ISP that you have been sued in federal court for the piracy of …not Fifty Shades of Grey… not the Hobbit or Hunger Games… but for that Manny Pacquiao film?!? How much more upset would you be when you find out that the copyright holder / corporate entity for that Manny Pacquiao film, “Manny Film LLC,” has hired Lipscomb & Eisenberg, the law firm behind ALL of the copyright troll attorneys who have been filing the Malibu Media, LLC lawsuits all across the U.S.?

Then, how would you feel if you found out that the local attorneys hired by Lipscomb generally don’t play fair when discovery is requested, or when a valid defense is asserted? And when you learn that all of the Malibu Media dirty little secrets that their digital forensics are flawed (just as Manny Film LLC’s forensics are probably equally as flawed), how would you feel then when they block your attempts at discovering the truth of their operation?  Then, when you decided to make a reasonable offer to settle the claims against you, how would you feel when the plaintiff attorneys reject your reasonable offer, and instead they offer you an INCOME-BASED SETTLEMENT — a settlement NOT based on the fair market value of the movie you downloaded, but rather a settlement based on your neighborhood’s median income based on public information and property values in your zip code?

Yep, I could imagine you’d be a bit upset.

Let’s make this a bit more personal.  As of writing this article, it appears as if over 150 cases have been filed so far in four (4) states — New Jersey, Ohio, and notably, Florida and Pennsylvania.  The plaintiff attorneys in the Manny Film LLC  cases are the same attorneys that you will find for the Malibu Media lawsuits, and thus we already have an idea of what to expect from each character:

Yousef Faroniya is handling the Ohio lawsuits. He’s the one who doesn’t like speaking to people over the phone.

Keith Lipscomb himself is the attorney handling the Florida lawsuits (although I suspect he’s the kingpin behind all of the lawsuits filed in every state).

Jordan Rushie is handling the New Jersey lawsuits (I half expected him to take the PA lawsuits as well since PA is his backyard, but Lipscomb’s local counsel Chris Fiore [who successfully filed many cases against John Doe Defendants and is best known for Malibu Media’s first “win” in the PA courts under what are known as the Malibu Media Bellwether cases] already was there as a copyright troll for Keith Lipscomb). The interesting part about Jordan is that he’s a “switch-hitter.” One day, he’ll represent a defendant, and the next day, he’ll represent a copyright troll. Perhaps he likes boxing, or maybe with the dissociation of his partnership with Leo Mulvihill at the Fishtown lawyers, he’s looking to either make a name for himself, and teaming up with the largest of the copyright trolls is a way to get everyone’s attention.

What bothers me about Jordan Rushie playing plaintiff is that I suspect that he is an apprentice of Marc Randazza (I expect Marc has mentored him quite well since they started working together in 2012). Thus, anyone who knew the then-innocent Jordan Rushie from before the partnership (you know, the guy who posted on twitter comments and even made a YouTube video about his leather briefcase, and asking the Twitter world which bag looked most professional so that he can look good when he shows up in court) will likely see a very different and more seasoned Jordan Rushie with these lawsuits.

Since I mentioned Marc’s name, Marc Randazza was the plaintiff attorney for the Liberty Media Holdings, LLC (most notably, Liberty Media Holdings, LLC v. John Does 1-441 where he broke the mold of how far a copyright troll is willing to push a lawsuit, where while most copyright trolls only huff and bluff about naming and serving defendants, Marc didn’t even threaten to do so — he just did it. His settlements were also significantly higher than the average and included questionable stipulated settlements. Jordan Rushie in 2012 became his local counsel, and no doubt, the schooling Marc hopefully has given him will make Jordan a formidable attorney to anyone who downloaded that Manny movie.

Lastly, I don’t know if I read this correctly, but I think (UPDATE: I did, and I am very upset about this) I also saw that David Tamaroff and Daniel Tamaroff of their Tamaroff & Tamaroff Law Firm were the plaintiff attorneys for all of the Florida Middle District cases. This is not only upsetting — this is a betrayal, as David and his brother Daniel have spent so much money, time, and effort trying to build their practice on the DEFENSE side of things. Why they would ruin their reputation and start representing the copyright troll side of the lawsuits is beyond me. Don’t they realize that copyright trolling is a slippery slope, and eventually it leads to the copyright troll losing his law license?!? All I could say to them is, “Tread carefully. Trolling is a slippery slope, especially with the company of folks you’ve aligned yourselves with.”

There you go. The Manny film. Quite honestly, who cares even a little bit about the film. The people behind the Manny film obviously have crooked morals, as they have chosen Lipscomb and the Malibu Media gang to use their copyrighted film to extort money from what will be countless internet users. I wonder how many of those who will be the accused downloaders even watched the film that they downloaded, and if so, I wonder whether they recall the experience, and would they do it again if they knew what was going to happen to them next. AT LEAST when speaking to Malibu Media defendants, I sometimes get a guilty chuckle from the accused downloaders saying, “yeah, those were good videos.”

Filed in the U.S. District Court of New Jersey (NJD)
Plaintiff Jordan Rushie sometimes misspelled on the court record as, “Jordan Rusie of Flynn Wirkus Young PC”

Manny Film LLC v. Doe (Case No. 1:15-cv-01497)
Manny Film LLC v. Doe (Case No. 1:15-cv-01498)
Manny Film LLC v. Doe (Case No. 1:15-cv-01529)
Manny Film LLC v. Doe (Case No. 1:15-cv-01530)
Manny Film LLC v. Doe (Case No. 1:15-cv-01531)
Manny Film LLC v. Doe (Case No. 1:15-cv-01533)
Manny Film LLC v. Doe (Case No. 1:15-cv-01534)
Manny Film LLC v. Doe (Case No. 1:15-cv-01539)
Manny Film LLC v. Doe (Case No. 1:15-cv-01564)
Manny Film LLC v. Doe (Case No. 1:15-cv-01565)
Manny Film LLC v. Doe (Case No. 2:15-cv-01482)
Manny Film LLC v. Doe (Case No. 2:15-cv-01483)
Manny Film LLC v. Doe (Case No. 2:15-cv-01484)
Manny Film LLC v. Doe (Case No. 2:15-cv-01487)
Manny Film LLC v. Doe (Case No. 2:15-cv-01488)
Manny Film LLC v. Doe (Case No. 2:15-cv-01495)
Manny Film LLC v. Doe (Case No. 2:15-cv-01503)
Manny Film LLC v. Doe (Case No. 2:15-cv-01504)
Manny Film LLC v. Doe (Case No. 2:15-cv-01517)
Manny Film LLC v. Doe (Case No. 2:15-cv-01518)
Manny Film LLC v. Doe (Case No. 2:15-cv-01520)
Manny Film LLC v. Doe (Case No. 2:15-cv-01521)
Manny Film LLC v. Doe (Case No. 2:15-cv-01522)
Manny Film LLC v. Doe (Case No. 2:15-cv-01523)
Manny Film LLC v. Doe (Case No. 2:15-cv-01528)
Manny Film LLC v. Doe (Case No. 2:15-cv-01532)
Manny Film LLC v. Doe (Case No. 2:15-cv-01535)
Manny Film LLC v. Doe (Case No. 2:15-cv-01536)
Manny Film LLC v. Doe (Case No. 2:15-cv-01537)
Manny Film LLC v. Doe (Case No. 2:15-cv-01538)
Manny Film LLC v. Doe (Case No. 2:15-cv-01540)
Manny Film LLC v. Doe (Case No. 2:15-cv-01541)
Manny Film LLC v. Doe (Case No. 2:15-cv-01542)
Manny Film LLC v. Doe (Case No. 3:15-cv-01489)
Manny Film LLC v. Doe (Case No. 3:15-cv-01490)
Manny Film LLC v. Doe (Case No. 3:15-cv-01545)
Manny Film LLC v. Doe (Case No. 3:15-cv-01552)
Manny Film LLC v. Doe (Case No. 3:15-cv-01553)
Manny Film LLC v. Doe (Case No. 3:15-cv-01554)
Manny Film LLC v. Doe (Case No. 3:15-cv-01557)

Filed in the U.S. District Court for the Eastern District of Pennsylvania (PAED)
Plaintiff Attorney: Christopher P. Fiore of Fiore & Barber LLC

Manny Film LLC v. John Doe (Case No. 2:15-cv-01157)
Manny Film LLC v. John Doe (Case No. 2:15-cv-01156)
Manny Film LLC v. John Doe (Case No. 2:15-cv-01158)
Manny Film LLC v. John Doe (Case No. 2:15-cv-01159)
Manny Film LLC v. John Doe (Case No. 2:15-cv-01163)
Manny Film LLC v. John Doe (Case No. 2:15-cv-01164)
Manny Film LLC v. John Doe (Case No. 2:15-cv-01165)
Manny Film LLC v. John Doe (Case No. 2:15-cv-01166)
Manny Film LLC v. John Doe (Case No. 2:15-cv-01167)
Manny Film LLC v. John Doe (Case No. 2:15-cv-01168)
Manny Film LLC v. John Doe (Case No. 2:15-cv-01170)
Manny Film LLC v. John Doe (Case No. 2:15-cv-01171)
Manny Film LLC v. John Doe (Case No. 2:15-cv-01172)
Manny Film LLC v. John Doe (Case No. 2:15-cv-01173)
Manny Film LLC v. John Doe (Case No. 2:15-cv-01174)
Manny Film LLC v. John Doe (Case No. 2:15-cv-01175)
Manny Film LLC v. John Doe (Case No. 2:15-cv-01176)
Manny Film LLC v. John Doe (Case No. 2:15-cv-01178)
Manny Film LLC v. John Doe (Case No. 2:15-cv-01179)
Manny Film LLC v. John Doe (Case No. 2:15-cv-01180)

Filed in the U.S. District Court for the Northern District of Ohio (OHND)
Plaintiff Attorney: Yousef Faroniya

Manny Film, LLC v. Doe (Case No. 1:15-cv-00465)
Manny Film, LLC v. Doe (Case No. 1:15-cv-00466)
Manny Film, LLC v. Doe (Case No. 1:15-cv-00467)
Manny Film, LLC v. Doe (Case No. 3:15-cv-00463)
Manny Film, LLC v. Doe (Case No. 3:15-cv-00464)
Manny Film, LLC v. Doe (Case No. 3:15-cv-00461)
Manny Film, LLC v. Doe (Case No. 3:15-cv-00462)
Manny Film, LLC v. Doe (Case No. 1:15-cv-00451)
Manny Film, LLC v. Doe (Case No. 1:15-cv-00460)
Manny Film, LLC v. Doe (Case No. 1:15-cv-00444)

Filed in the U.S. District Court for the Middle District of Florida (FLMD)
Plaintiff Attorney: Daniel F. Tamaroff & David F. Tamaroff of Tamaroff & Tamaroff

Manny Film LLC v. John Doe (Case No. 3:15-cv-00262)
Manny Film LLC v. John Doe (Case No.3:15-cv-00263 )
Manny Film LLC v. John Doe (Case No. 3:15-cv-00265)
Manny Film LLC v. John Doe (Case No. 3:15-cv-00266)
Manny Film LLC v. John Doe (Case No. 6:15-cv-00366)
Manny Film LLC v. John Doe (Case No. 6:15-cv-00368)
Manny Film LLC v. John Doe (Case No. 6:15-cv-00370)
Manny Film LLC v. John Doe (Case No. 6:15-cv-00371)
Manny Film LLC v. John Doe (Case No. 6:15-cv-00373)
Manny Film LLC v. John Doe (Case No. 6:15-cv-00374)
Manny Film LLC v. John Doe (Case No. 6:15-cv-00377)
Manny Film LLC v. John Doe (Case No. 6:15-cv-00378)
Manny Film LLC v. John Doe (Case No. 6:15-cv-00380)
Manny Film LLC v. John Doe (Case No. 6:15-cv-00381)
Manny Film LLC v. John Doe (Case No. 6:15-cv-00382)
Manny Film LLC v. John Doe (Case No. 3:15-cv-00264)
Manny Film LLC v. John Doe (Case No. 6:15-cv-00365)
Manny Film LLC v. John Doe (Case No. 6:15-cv-00367)
Manny Film LLC v. John Doe (Case No. 6:15-cv-00369)
Manny Film LLC v. John Doe (Case No. 6:15-cv-00372)
Manny Film LLC v. John Doe (Case No. 6:15-cv-00375)
Manny Film LLC v. John Doe (Case No. 6:15-cv-00379)
Manny Film LLC v. John Doe (Case No. 8:15-cv-00506)
Manny Film LLC v. John Doe (Case No. 8:15-cv-00507)
Manny Film LLC v. John Doe (Case No. 8:15-cv-00508)
Manny Film LLC v. John Doe (Case No. 8:15-cv-00509)
Manny Film LLC v. John Doe (Case No. 8:15-cv-00510)
Manny Film LLC v. John Doe (Case No. 8:15-cv-00495)
Manny Film LLC v. John Doe (Case No. 8:15-cv-00496)
Manny Film LLC v. John Doe (Case No. 8:15-cv-00497)
Manny Film LLC v. John Doe (Case No. 8:15-cv-00498)
Manny Film LLC v. John Doe (Case No. 8:15-cv-00499)
Manny Film LLC v. John Doe (Case No. 8:15-cv-00500)
Manny Film LLC v. John Doe (Case No. 8:15-cv-00501)
Manny Film LLC v. John Doe (Case No. 8:15-cv-00502)
Manny Film LLC v. John Doe (Case No. 2:15-cv-00145)
Manny Film LLC v. John Doe (Case No. 8:15-cv-00503)
Manny Film LLC v. John Doe (Case No. 8:15-cv-00504)
Manny Film LLC v. John Doe (Case No. 8:15-cv-00505)

Filed in the U.S. District Courtfor the Southern District of Florida (FLSD)
Plaintiff Attorney: M. Keith Lipscomb of Lipscomb Eisenberg & Baker PLLC

Manny Film LLC v. John Doe (Case No. 0:15-cv-60454)
Manny Film LLC v. John Doe, subscriber assigned IP address 98.242.175.83 (Case No. 0:15-cv-60455)
Manny Film LLC v. John Doe, subscriber assigned IP address 98.249.236.20 (Case No. 0:15-cv-60456)
Manny Film LLC v. John Doe, subscriber assigned IP address 98.242.147.5 (Case No. 1:15-cv-20923)
Manny Film LLC v. John Doe, subscriber assigned IP address 76.26.2.226 (Case No. 9:15-cv-80306)
Manny Film LLC v. John Doe (Case No. 9:15-cv-80307)
Manny Film LLC v. John Doe (Case No. 1:15-cv-20924)
Manny Film LLC v. John Doe (Case No. 9:15-cv-80301)
Manny Film LLC v. John Doe (Case No. 9:15-cv-80302)
Manny Film LLC v. John Doe, subscriber assigned IP address 76.110.177.255 (Case No. 9:15-cv-80303)
Manny Film LLC v. John Doe, subscriber assigned IP address 75.74.122.227 (Case No. 1:15-cv-20920)
Manny Film LLC v. John Doe, subscriber assigned IP address 76.110.203.201 (Case No. 1:15-cv-20921)
Manny Film LLC v. John Doe, subscriber assigned IP address 66.176.226.21 (Case No. 0:15-cv-60444)
Manny Film LLC v. John Doe, subscriber assigned IP address 66.176.99.53 (Case No. 0:15-cv-60445)
Manny Film LLC v. John Doe, subscriber assigned IP address 66.229.140.101 (Case No. 0:15-cv-60446)
Manny Film LLC v. John Doe (Case No. 0:15-cv-60447)
Manny Film LLC v. John Doe (Case No. 1:15-cv-20905)
Manny Film LLC v. John Doe (Case No. 9:15-cv-80298)
Manny Film LLC v. John Doe (Case No. 0:15-cv-60448)
Manny Film LLC v. John Doe (Case No. 1:15-cv-20907)
Manny Film LLC v. John Doe (Case No. 9:15-cv-80297)
Manny Film LLC v. John Doe (Case No. 0:15-cv-60453)
Manny Film LLC v. John Doe (Case No. 0:15-cv-60438)
Manny Film LLC v. John Doe (Case No. 0:15-cv-60440)
Manny Film LLC v. John Doe (Case No. 0:15-cv-60441)
Manny Film LLC v. John Doe (Case No. 0:15-cv-60442)
Manny Film LLC v. John Doe, subscriber assigned IP address 174.61.56.69 (Case No. 1:15-cv-20894)
Manny Film LLC v. John Doe, subscriber assigned IP address 174.61.157.43 (Case No. 1:15-cv-20895)
Manny Film LLC v. John Doe (Case No. 1:15-cv-20896)
Manny Film LLC v. John Doe (Case No. 1:15-cv-20899)

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I would think that when someone creates and copyrights a film, the purpose of creating that film is to attract viewers to purchase tickets to view that film either in the theaters, or by selling DVDs of that film.

It boggles my mind that more and more, I am seeing B-rated film companies release garbage films that nobody would watch, and instead of promoting their film to attract viewers, somehow those films are “leaked” onto the internet, only to see the production companies then sue internet users for $150K for each internet user who downloaded their films.

Earlier this week, my kids were watching Mr. Rogers’ Neighborhood on PBS, where Fred Rogers was quite a bit older than I remember him being when I was younger. To show them the “Mr. Rogers” I remembered, I searched around and found an older version where his hair was black and he was quite a bit younger.   The video was obviously copyrighted, but it was also uploaded and online for all to see.  Was I wrong for playing this video for my kids?  Or, should I have contacted the Rogers’ Foundation and acquired a license to purchase a copy of this video [noting that there is likely nowhere to purchase this black-and-white video]?

My point is that the copyright laws as they apply to individuals needs to be changed.  Production companies should make quality videos THAT SELL TICKETS (and DVDs) rather than trying to cash in on the end user that happened to view that video online without permission.  As I mention in my policy letter to lawmakers, if a production company really wanted to police their own copyrights, they are already given a legal remedy, and that remedy is to file a DMCA takedown notice with the website owner — and the unlicensed (“pirated”) video is quickly and effectively taken down by the website owner, or else the website owner can be found liable for copyright infringement himself.

If the Rogers Foundation wanted to stop me and my kids from viewing a 1968 version of Mr. Rogers, then they could have easily sent a one-page takedown request to YouTube.com where that and many other similar videos are hosted.  There is no reason for them to come after me, my kids, or any of the other thousand viewers, unless stopping “piracy” for copyright trolls is not the their real intent.

Back to the lawsuits and the new copyright trolls I am discussing in this article.  One new copyright troll is Canal Street Films, Inc. (link) who is suing 117 John Doe Defendants in two lawsuits in Washington for the download of their “Scary or Die (2012)” horror film.  The attorney suing is David Allen Lowe of Lowe Gram Jones, PLLC (link). The lawsuits are:

CASE FILED BY DAVID LOWE IN THE WASHINGTON EASTERN DISTRICT COURT:
Canal Street Films Inc v. Does 1 – 13  (Case No. 2:13-cv-03001)

CASE FILED BY DAVID LOWE IN THE WASHINGTON WESTERN DISTRICT COURT:
Canal Street Films, Inc. v. Does 1-104 (Case No. 2:13-cv-00007)

010613 Scary or Die

Also suing in the Washington Western District Court are new copyright trolls Kintop Pictures, Inc. and their attorney, Richard J. Symmes of the Frontier Law Group.  It appears that each lawsuit was for the download of the title, “Tucker & Dale v. Evil (2010)” film (link).  The strange thing about these six cases is that they were all filed at the same time in December 2012, and with ZERO explanation, just a few days ago, they were ALL DISMISSED.  I wonder if this copyright troll or their attorney grew a conscience, or whether they just needed to get their copyright paperwork in order before they reared their ugly head and started suing defendants again.  Nevertheless, because they sued internet users directly using the “bittorrent swarm joinder theory,” I am listing their cases in this site.

CASES FILED BY RICHARD SYMMES IN THE WASHINGTON WESTERN DISTRICT COURT:

Kintop Pictures v. Does 1-78 (Case No. 2:12-cv-02162) [DISMISSED]
Kintop Pictures v. Does 1-26 (Case No. 2:12-cv-02159) [DISMISSED]
Kintop Pictures v. Does 1-37 (Case No. 2:12-cv-02161) [DISMISSED]
Kintop Pictures v. Does 1-40 (Case No. 2:12-cv-02163) [DISMISSED]
Kintop Pictures v. Does 1-79 (Case No. 2:12-cv-02164) [DISMISSED]
Kintop Pictures v. Does 1-70 (Case No. 2:12-cv-02165) [DISMISSED]

Then in the Missouri Eastern District Court, Paul Lesko is still at it filing copyright infringement lawsuits on behalf of his new clients, PHE, Inc. and Purzel Video GMBH, both for the download of pornography titles.  The lawsuits are:

CASES FILED BY PAUL LESKO IN THE MISSOURI EASTERN DISTRICT COURT:
Purzel Video GMBH v. Does 1-91 (Case No. 4:12-cv-02292)
PHE, Inc. v. Does 1-96                      (Case No. 4:12-cv-02296)

On a side note, I hear that there was some controversy as to whether Lesko was pressured by the president of his alma mater to stop representing porn companies in copyright infringement actions, but apparently the attempts fell on deaf ears.  On 12/11/2012, Lesko filed a lawsuit in the Missouri Eastern District Court on behalf of his new client, “Purzel Video GMBH” for the download of their porn video, “Chubby Teens 1.”  Then on 12/12/2012, he filed another lawsuit on behalf of PHE, Inc. (the “Adam & Eve” adult sex toy company) for the download of “Buffy the Vampire Slayer XXX: A Parody.”  I wrote about PHE, Inc. here in my “Nice try, PHE, Inc. – a failed copyright troll” article.  In short, Lesko is still at it.

Lastly, in my own neck of the woods, I saw two cases filed against 400+ defendants by new copyright troll Studio West Productions, Inc.  The lawsuit is for the download of the film, “In the Name of the King: Two Worlds (2011)” (link), and even though the copyright troll attorney is John W. Raggio of the Raggio Law Firm, P.C. in Dallas (5 hours away from the court), after some research, it occurred to me that Raggio is merely local counsel to Dunlap Grubb & Weaver, PLLC (now, Dunlap Weaver, PLLC).  I am frankly surprised that they are still suing defendants, as they are one of the older copyright trolls out there, but they lost most of their litigation power when their attorney Nicholas Kurtz and a number of their paralegals left the firm after an internal shake-up early last year.

CASES FILED BY JOHN RAGGIO (A.K.A. DUNLAP WEAVER, PLLC) IN THE SOUTHERN DISTRICT OF TEXAS:
Studio West Productions Inc. v. Does 1-237 (Case No. 4:12-cv-03690)
Studio West Productions Inc. v. Does 1-205 (Case No. 4:12-cv-03691)

All I have to say about these two cases is that they are in my back yard, so I will be happy to be there at the hearings and report things as they evolve.

As for all the other cases out there, I am still watching out for them, and if I see anything of interest, I will be happy to share what I find.  Obviously if anyone has any updates or questions about these cases, you know where to find me.

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