(WAWD) R & D Film 1, LLC files suit against 315 Defendants using local counsel Richard Symmes

The Divide - New Copyright TrollsThe first time I wrote about R & D Film 1, LLC was in July, 2012 (see,”‘The Divide’ — Copyrighted Bait, New Copyright Trolls“).  In that article, R&D Film 1, LLC was suing John Doe Defendants for the alleged download of their “C-RATED” movie, “The Divide” (my version of the image is above indicating that a copyright troll was overseeing the production of the film). After six months of collecting settlements from accused defendants, it appears as if they are at it again suing new defendants, and this time, they are doing it using local counsel Richard Symmes.

If you don’t remember my post about Richard Symmes (see, “More and More Trolls“).  Richard is the one who filed six (6) lawsuits against a total of 330 defendants on behalf of Kintop Pictures, Inc. The funny about the Kintop Pictures cases is that without explanation, Symmes dismissed ALL OF THE CASES. We at the Cashman Law Firm, PLLC thought his law firm had grown a conscience and that they came to the understanding that suing individual defendants for the download of their client’s flick was immoral. I guess we were the ones who were naive. Here are his new lawsuits:

CASES FILED BY RICHARD SYMMES IN THE WESTERN DISTRICT OF WASHINGTON:
R & D Film 1 LLC v. Does 1-46 (Case No. 2:13-cv-00050)
R & D Film 1 LLC v. Does 1-45 (Case No. 2:13-cv-00051)
R & D Film 1 LLC v. Does 1-41 (Case No. 2:13-cv-00052)
R & D Film 1 LLC v. Does 1-22 (Case No. 2:13-cv-00053)
R & D Film 1 LLC v. Does 1-51 (Case No. 2:13-cv-00054)
R & D Film 1 LLC v. Does 1-50 (Case No. 2:13-cv-00055)
R & D Film 1 LLC v. Does 1-44 (Case No. 2:13-cv-00056)
R & D Film 1 LLC v. Does 1-16 (Case No. 2:13-cv-00057)

In total, on January 8th, 2013, Richard Symmes sued a total of 315 John Doe Defendants, all apparently living in Washington.

What annoys me about the R & D Film 1, LLC lawsuits is that they have been suing defendants for SIX MONTHS NOW for the SAME MOVIE. In each of their new lawsuits, they specifically state the specific title of bittorrent file was allegedly downloaded. If they have had SIX MONTHS to ponder the so-called “piracy” of the films, don’t you think they had enough time to send at least one DMCA “takedown” notice to the bittorrent website(s) who are hosting these same torrent files? Or, do you think that they are LOVING this “sue my customer” strategy? Quite frankly, a judge should have them show proof that they have taken steps to police their copyrights by filing the DMCA “takedown” letters with the websites hosting the torrents containing the pirated content, and if they cannot offer this proof, in my opinion, the judge should dismiss the case.

“By the way, if you are downloading “The Divide” on bittorrent and you can see those seeding the files to you in your bittorrent swarm, tell R & D Film 1, LLC that I say hello.”


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.

*URGENT* Bait Productions names defendants IMMEDIATELY UPON RECEIPT of information received from ISP.

URGENT UPDATE: Bait Productions apparently did not like having all of their cases consolidated into one case, so they decided to file their own individual cases against named defendants. In the past two days, they have named 9+ defendants. Will they name all 1,536?

Here are a list of defendants named in the past 48 hours:
Bait Productions Pty Ltd. v. Langston M.
Bait Productions Pty Ltd. v. Brad C.
Bait Productions Pty Ltd. v. Steven F.
Bait Productions Pty Ltd. v. Peggy B.
Bait Productions Pty Ltd. v. Charlene V.
Bait Productions Pty Ltd. v. Ana V.
Bait Productions Pty Ltd. v. Francisco V.
Bait Productions Pty Ltd. v. Steve W.
Bait Productions Pty Ltd. v. Ruxter L.
Bait Productions Pty Ltd. v. Doe 1

Now obviously, it is apparent that they are immediately suing and naming defendants from their original 25+ cases AS SOON AS THEY RECEIVE THE NAMES OF THE ALLEGED DOWNLOADERS FROM THE ISPs. What is concerning to me is that I know that a number of ISP deadlines were right around the corner, maybe even yesterday or today. For this reason, if you were implicated in any of the Bait Productions lawsuits, then contact an attorney ASAP (it doesn’t matter if it is me or anyone else).  I certainly have a lot to say about your next steps, what your options are (e.g., whether or not to file a motion to quash, etc.), and regardless of what path you choose to take (whether you retain our firm or not), what the expected result would be and the likelihood of each result.

I hate to sound like I’m asking people to call me, but quite frankly, Bait Productions’ actions of turning around and immediately naming defendants changes the game, and I cannot rely on slowly writing blog articles about their cases and waiting for accused defendants to figure out what is going on and educate themselves because maybe many months later what I write about might become relevant to them. This is happening TODAY.

As far as appointments go, when you contact me, you’ll immediately notice that there are not a lot of appointment time slots available. Just e-mail me, and let me know what date your ISP will be handing out your information, and I will prioritize my calls to you based on who’s information is going out soonest.

FYI, below is [for now, an incomplete] list of Bait Productions’ lawsuits before the consolidation:

The consolidated Bait Productions Pty Ltd. case can be found in the Florida Middle District Court under case 6:12-cv-01779.  It applies to the following cases:

Bait Productions Pty Ltd. v. Does 1-81 (6:12-cv-01779)
Bait Productions Pty Ltd. v. Does 1-96 (6:12-cv-01780)
Bait Productions Pty Ltd. v. Does 1-40 (5:12-cv-00644)
Bait Productions Pty Ltd. v. Does 1-36 (5:12-cv-00645)
Bait Productions Pty Ltd. v. Does 1-82 (8:12-cv-02643)
Bait Productions Pty. Ltd. v. Does 1-95 (8:12-cv-02642)
Bait Productions Pty. Ltd. v. John Does 1-26 (2:12-cv-00628)
Bait Productions Pty. Ltd. v. Does 1-78 (3:12-cv-01274)
Bait Productions Pty. Ltd. v. Does 1-44 (2:12-cv-00629)
Bait Productions Pty. Ltd. v. Does 1-71 (3:12-cv-01252)
Bait Productions Pty. Ltd. v. Does 1-31 (6:12-cv-01721)
Bait Productions Pty. Ltd. v. Does 1-73 (8:12-cv-02554)
Bait Productions Pty. Ltd. v. Does 1-41 (8:12-cv-02555)
Bait Productions Pty. Ltd. v. Does 1-52 (8:12-cv-02556)
Bait Productions Pty. Ltd. v. Does 1-66 (3:12-cv-01204)
Bait Productions Pty. Ltd. v. Does 1-73 (6:12-cv-01637)
Bait Productions Pty. Ltd. v. Does 1-42 (3:12-cv-01205)
Bait Productions Pty Ltd. v. Does 1-70 (8:12-cv-02466)
Bait Productions Pty Ltd. v. Does 1-54 (8:12-cv-02468)
Bait Productions Pty. Ltd. v. Does 1-72 (8:12-cv-02470)
Bait Productions Pty. Ltd. v. Does 1-36 (8:12-cv-02464)

[NOTE TO READERS: I AM POSTING THIS AS IS, AND I SUGGEST THAT SJD & DTD ALSO PUBLICIZE WHAT HAS HAPPENED. I WILL UPDATE THE BLOG AS THINGS HAPPEN.]


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.