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Posts Tagged ‘Marc Randazza’

3/17 UPDATE: Judge Matthewman filed the identical “order to show cause” as described in yesterday’s “Florida ‘Manny Film LLC v. John Doe’ cases suffer a black eye (FLSD)” article. (Thanks to SJD @fightcopytrolls’ Twitter post [and link] for tipping me off to this trend.)

What this means is that as of this afternoon, the judge has begun to scrutinize the other Manny Film, LLC cases filed in the Florida Southern District Court (this time, Case No. 9:15-cv-80298). This one is due April 1st, 2015. I would not be surprised if the judge continues to go down the list of “Manny Film” cases filed in the Florida Southern District Court and kills each one, one “order to show cause” at a time.

It is also important to note that in my estimation, the Manny Film LLC lawsuits are “cut-and-paste” lawsuits copied from the Malibu Media, LLC lawsuits filed across the United States.  Unfortunately for Keith Lipscomb (the mastermind behind each of the Malibu Media, LLC lawsuits, and now, the mastermind behind each and every Manny Film LLC lawsuit soon-to-be-filed across the U.S. District Courts), these ‘orders to show cause’ pose an existential threat to not only the Florida-based federal cases, but also to the other Manny Film LLC cases filed in the other federal district courts (upon which these Florida federal cases [when considered by the other federal judges] will be PERSUASIVE).

EDUCATIONAL NOTE: Even if all of the Manny Film LLC cases go away, the “Florida ‘Manny Film LLC v. John Doe’ cases suffer a black eye (FLSD)” article is still helpful to discuss the concept that “an IP address (even one tracked to a particular defendant’s address using “solid” geolocation software) is INSUFFICIENT to identify and sue the account holder as the defendant in a bittorrent copyright infringement lawsuit.” Using the geolocation data alone as their source of “evidence” to support their claim of copyright infringement, a plaintiff cannot properly state that the defendant 1) lives in the district for venue purposes, and 2) the plaintiff arguably even “fails to state a claim” against the accused defendant (FRCP Rule 12(b)(6) language) because such geolocation software “evidence” does not prove (or sufficiently state) that the accused defendant is the downloader.

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Manny Black EyeIt appears to me as if the Manny Film LLC bittorrent piracy lawsuits in Southern Florida have just received their first black eye.

The Federal District Court in Florida has been grappling these past few years with the question of whether geolocation software is sufficient to identify the accused downloader. In short, federal venue rules (according to 28 U.S.C. §§ 1391(c) and 1400(a)) state (in the context of a bittorrent piracy lawsuit) that in order for a copyright holder to file a lawsuit against a John Doe Defendant, the copyright holder must assert that the accused John Doe Defendant a) lives in the federal district in which the lawsuit is filed, and b) that a substantial part of the downloading and/or uploading happened in the federal district. The purpose for this is so that the defendant is sued in the right court.

However, in following the “bouncing ball” of the legal argument at play, the Florida federal court has realized that the plaintiff and all of its complicated geolocation software cannot prove the identity of any defendant. Not even one.

The Manny Film plaintiff can prove an IP address was connected to a bittorrent swarm that was downloading and distributing an unlicensed copy of the copyrighted film. They can prove that the IP address can be traced to a location (e.g., the accused downloader’s house). However, there is a logical gap between knowing the location where the download happened, and knowing that the accused defendant [most frequently, the account holder] was the downloader.

HERE’S THE KICKER… if the geolocation software cannot assert who the downloader is, how can the Manny Film LLC copyright holder assert 1) that the accused downloader was the one who was using the computer to download the copyrighted film (they have not placed him at the keyboard at the time of the download), and 2) if the Manny Film LLC copyright holder cannot bring any proof through their geolocation software — their only source of evidence — to determine who the accused downloader is, how can they competently state for the purposes of satisfying the venue requirement that the the accused downloader (whoever he or she might be) lives in the state in which the lawsuit is filed?

“Judge, I don’t know who the downloader is, but if I did know, he would live in your district!” – Copyright Troll

This brings me back to this nuanced argument where I was trying to frame it in the context of a Rule 12(b)(6) motion. Here is an e-mail that I wrote on November 8th, 2012 (remember, our older articles are still relevant even today):

I don’t know how to put this more plainly, and I HATE a “silver-bullet” argument, but I fail to see the weakness in a [Federal Rules of Civil Procedure, Rule 12(b)(6)] motion for failure to state a claim where the plaintiffs only know a) that an IP address downloaded the stuff, and b) that the named defendant is the account holder. It’s a fine point [which in my mind can be hammered home in the courts] but I understand the argument to be that assuming everything in the plaintiff’s complaint to be true, there is nothing that implicates the named defendant to be the person who did the download. In other words, there is no conclusive link [perhaps I need to do more research as to how strong the link needs to be to survive a 12(b)(6) motion] between the real defendant as referenced in the complaint [or who this person should be], and the named defendant [the ISP account holder].

Two analogies — 1) someone makes an incriminating phone call; there is no proof that the person who pays the phone bill (subscriber) made the call; 2) someone’s car does damage — [barring the negligence claim, which other attorneys here have done a wonderful job of killing] is the owner liable for torts that are committed with his car if the plaintiff cannot prove that he was in the car when it caused the damage?

In short, an IP address is NOT a person, and proving that an IP address did the download does not prove that the subscriber was the one who did the download. 

So, turning back to the Manny Film LLC (Case No. 9:15-cv-80290) case in the Southern District of Florida, U.S. Magistrate Judge William Matthewman references various Malibu Media LLC films lawsuit orders, and in turn orders the Manny Film LLC plaintiff to answer the same questions which killed the Malibu Media v. John Doe (Case No. 14-cv-20213) case and related cases.  In the Malibu Media, LLC 14-CV-20213 case, (just for completeness,) Judge Ungaro stated “there is nothing that links the IP address location to the identity of the person actually downloading and viewing Plaintiff’s videos, and establishing whether that person lives in this district.”

The plaintiff has until March 31st, 2015 to do so, or else his Manny Film LLC cases filed in the U.S. District Court in the Southern District of Florida will all be in jeopardy (remember, a ruling in one case in a particular district is BINDING on other cases in that district).

Also see: Manny Film LLC bittorrent lawsuits are really a story of defense attorney betrayal.” (3/13/2015)

OTHER AFFECTED MANNY FILM LLC CASES:

In the U.S. District Court for 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)

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)

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)

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)

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)

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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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The bittorrent cases are speeding up, both in number of cases filed, and in the issues relating to the cases. Judges are smartening up to what is going on, and I am seeing the smaller “Does 1-23” cases ripped to shreds in the courts. But, because they are so small, the activities in each case are falling below the radar.

These smaller cases are now filed in the multiple courts across the country — the correct courts — with the John Doe Defendants often living in the states in which they are sued. Thus, there are no more motion to quash issues, and there are no more “wrong jurisdiction” arguments.

However, while NEARLY ALL the smaller lawsuits still have “improper joinder” issues (meaning, suing Does together in the same lawsuit who did not participate in the same swarm; thus, they did not take part in the same transaction at the same time), THE CASES ARE SIMPLY NOT GOING TO TRIAL and thus defendants are not getting the chance to contest improper joinder.

The problem with these smaller cases is that 1) the settlement amounts are elevated, and 2) the risk of being named as a defendant goes through the roof because all that is required to name defendants in these smaller cases is that the plaintiff merely needs to amend the complaint against a particular Doe (thus the case will change from Patrick Collins, Inc. v. Does 1-30 to Patrick Collins v. “Elliot Hendel” and Does 1-29 [this name is merely fictitious]), and then someone comes knocking at Elliot’s home and serves him a copy of the complaint. At that point if he has not already done so [and he should have hired an attorney immediately upon having notice from his ISP that he was one of the Does in this case], he has to hire an attorney to respond within 20 days with his answer and his counterclaims, or he will default (which means the court can enter a default judgment against him for the full $150,000).

However, the BIG SECRET is that for the most part, these defendants do NOT get named as defendants, and they remain anonymous as far as what is visible from the court’s eyes. Instead, the plaintiff attorneys scare the b’jeebies out of them and cause them in some cases to sign [in many cases] an “I’m guilty, I’m sorry, I’ll never do it again” settlement agreement. The end result is that they end up paying significantly more than they would have if they merely called an attorney and had that attorney negotiate on their behalf. To make matters worse, defendants do not realize that there are really three-tiers of settlement prices (not two) — 1) the plaintiff attorney’s asking price (the “pay us $X by this date or else we’ll name you as a defendant in this case” amount), 2) defendant-negotiated price, and 3) attorney-negotiated price.

When the defendant tries to negotiate his settlement on his own, the likelihood is that he will probably say something incriminating about his case. (For example, not knowing the case law, he may say, “it wasn’t me; it was probably my son — he uses the internet all the time; I keep telling him not to watch that porn,” or “I let my neighbor / son / guest / roommate use my internet,” or “I didn’t realize it was illegal to download — I thought it was only illegal to upload!” etc.) The result is that the plaintiff says, “thank you for telling me you are guilty; the offer is now off the table and I will see you in court <click>,” only to call back shortly afterwards and, in the graces of his heart, he will offer a new settlement amount which is nearly double the asking price of the original settlement amount.

It is not only important to have an attorney negotiate your settlement amount 1) because he can, and 2) he won’t incriminate you while you would likely incriminate yourself, but also, the attorney knows the case law [which is not so obvious], and he knows what to put into a settlement agreement so that the settling defendant does not later get sued for the same claim, attorney fees, etc. It kills me to see so many people turn around and try to settle on their own without reading what they are agreeing to. What burns me more is when attorneys don’t read the contracts they have their clients agree to.

…In short, the plaintiff attorney mops up the floor with the defendants, and many of the defendants (if not most of them) turn over and lay dead while they capitulate and settle their cases. Had they lawyered-up, they would have known how to protect themselves. Better yet, their lawyer would have stepped in their shoes and the plaintiff attorneys would not have even been allowed to contact the defendants in the first place. No letters, no scare tactics; no threats.

Everything being said, one thing that most don’t even bother to find out is who exactly their plaintiff attorneys are. In more cases than not, the plaintiff attorney is merely a guy in a room with a laptop and a phone. Sometimes there is a second lawyer guy in the room making phone calls scaring the defendants into settling — a two-man show. …Do you really think this one or two-man show actually has the ability to sue more than just a few defendants, and if you defendants lawyered-up, do you think the plaintiff attorneys would have the time to name each and every one of you? AND if they named each and every one of you (which is literally impossible because to serve each one of you with service of process would be nearly impossible to track and there are bound to be significant errors), do you think they would have time to respond to each and every one our discovery requests?

As your attorney, when I defend you, I have a duty to properly protect your interests. That means that us attorneys must establish evidence that calls into question their so-called experts’ methods in collecting IP addresses (see here for just a taste). We need to call into question their methods of suing multiple Does in one lawsuit. We need to fight them procedurally with motions to dismiss, motions for summary judgement, and in some cases, motions for sanctions.

Do you think that the one-man show attorney and their underlying plaintiff (too often, the porn production company) can handle the hours of deposition time that EACH OF YOU DEFENDANT would be entitled to? What about their so-called experts? Do you think they have the time to answer all our in-person depositions for each defendant? What about our interrogatories? What about our other discovery motions? Do you really think the one-man show — the attorney guy in the room with a laptop — has the time to spend going after each one of you when he can instead go after the unrepresented defendants who roll over and settle their cases?

To make these cases merely insulting, these plaintiff attorneys have been hiring no-name local-counsel attorneys to file their cases on their behalf (no disrespect to any of them; I understand they are doing it solely so that they can make a commission off of those who settle). As far as I understand, the local counsel often know absolutely NOTHING about these cases, but they talk a big game and then sheepishly refer you to someone else — an “in-house” negotiator, or the attorney behind the curtain — so that they can “close” the deal for them and scare you into settling. If you actually had us attorneys defend your cases rather than merely have us settle them, do you really think the BIG-8 ATTORNEYS (listed below) would have the time and the patience to babysit these local counsel when they ask for assistance after we file our own motions for discovery?

Thus, a client in these smaller Does 1-20 (or 1-50, or 1-80) cases does not need to settle, especially if they do not live in the jurisdiction in which they are sued. This is true regardless of whether the plaintiff attorney is Dunlap Grubb & Weaver (Nicholas Kurtz or Ellis Bennett), Steele Hansmeier (John Steele or Mark Lutz), Gill Sperlein, Ira Siegel, Keith Lipscomb, or even Marc Randazza.

We do know how to defend these smaller cases.

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I was very impressed to see TorrentFreak.com write two articles entitled, “Are You Guilty If Pirates Use Your Internet? Lawyer Says NO,” and “Are You Guilty If Pirates Use Your Internet? Lawyer Says YES,” respectively.

Up front, I commend both attorneys Randazza and Ranallo for their contributions to these articles. Too many people are falling prey to these bittorrent lawsuits, and it is about time some on each side voice their opinions.

In short, my take on the two articles. Starting with the “NO” article found here, I thought Ranallo’s brief was well written, but it felt, well, brief. As far as I was concerned, while I certainly commend attorney Ranallo for his well written opinion (and for putting himself out there), the article was significantly lacking as far as what is actually going on in these cases. In addition, he COMPLETELY glossed over discussing DIRECT INFRINGEMENT which is what 99.999% of you are accused of. Unlike the 1932 tugboat case referenced in Randazza’s opposing article (“YES”), there has grown some relevant case law in the various severances and dismissals that have already happened BOTH LAST YEAR AND THIS YEAR.

For example, joinder. Many courts have held that it is improper to sue multiple defendants in the same lawsuit (e.g., Plaintiff v. Does 1-500) who did not take part in the same torrent swarm or who did not download the same torrent file. On top of that, EFF.org has been screaming “personal jurisdiction!” since these cases started showing up, and they are correct. For the most part, many (if not most) defendants who are sued DO NOT LIVE IN THE STATE IN WHICH THE LAWSUIT IS BROUGHT, (and bringing a bit of current law from the 2nd District [not binding on other courts] into the mix,) NOR ARE MANY OF THE LAWSUITS BROUGHT IN THE STATE WHICH IS THE PLAINTIFF’S PRINCIPAL PLACE OF BUSINESS. In short, these cases suffer because plaintiffs sue defendants in the wrong court and thus in a number of cases, there is no personal jurisdiction over the putative defendants.

There was so much more that was missing from Ranallo’s brief, but I suppose he was most concerned about just stating basic copyright law rather than fighting our side of these bittorrent cases. For example, he completely missed the high likelihood of a defendant succeeding if a digital forensics expert (paid for by the plaintiffs and/or their attorneys) examines a defendants computer and finds 1) no infringing file, and 2) no spoliation [formatting/wiping] of evidence after having notice of the lawsuit. People seem to gloss over that one too. In short, if a defendant didn’t do the crime, they shouldn’t do the time (here, paying the plaintiff their settlement amounts). These topics often don’t get discussed in the context of these lawsuits because so far, they have not been going to trial.

Now for the “YES” article found here. In short, Marc Randazza brought forth a well-written viewpoint that internet users who do not lock down their internet connections (e.g., with WEP or WPA2 encryption) are negligent and they deserve what comes to them through their ignorance. In short, the negligence theory as applicable to these cases states that an internet user 1) has a DUTY to lock down their internet connection [so far not true], 2) the internet BREACHED that duty by leaving his wi-fi router “open” (e.g.,without a password), 3) because the internet user did not lock down his connection, he CAUSED the plaintiff’s damage [again, not true], and 4) whether and how much the copyright holder suffered DAMAGES from the internet user’s lack of a secured wi-fi connection.

In short (and in response), the negligence argument assumes there is a DUTY to lock down your wireless access point (as noted). As a side note, as far as a duty is imputed to internet users, I’ve seen a few plaintiff attorneys argue that some ISP TOS agreements now require users to put a password on their wi-fi routers, but I have yet to see any proof of these myself. Plus, as far as I know, there have been NO court cases indicating that there is a DUTY to lock down one’s wi-fi access point.  As far as imposing a duty where none existed in the statutes, citing back to a 1932 tugboat case is a stretch at best, but point taken. We will see whether the courts impose a duty to lock down an internet user’s connection. Then again, if that ever becomes the case, then routers will come with WPA2 encryption active as the default setting with custom passwords, especially since the older forms of encryption can be cracked by anyone knowing how to look up “WEP cracking” on Google. If this ever becomes the case (and it would be a dark world if we were not permitted to share our connections with others, note EFF’s Open Wireless Movement,) we’ll have a fun time joining the ISPs as defendants because last I checked, it is their technicians and not the computer illiterate subscribers who set up routers in the first place.

In sum, two good and well written articles.  Do either cover the topics which relate directly to the copyright infringement lawsuits currently pending?  Not really.  Copyright infringement has more of a dry way of looking at whether an internet user is guilty of copyright infringement, and neither side addressed those issues.  That being said, it was still fun reading the articles and no doubt they will attract a lot of attention over the coming weeks.

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