Bryan N DeMatteo is the New York attorney sending settlement demand letters to accused John Doe Defendants in the New York ME2 Productions, Inc. bittorrent lawsuits (a.k.a. the New York Mechanic: Resurrection movie lawsuits). These settlement letters from the ME2 Production attorney are asking for a settlement of $5,600, which in my opinion is absurd.
As a NY Licensed Attorney for 10 Years, I am competent to speak about Bryan DeMatteo’s lawsuits because I was representing bittorrent clients in 2012 when the case law was first paved.
Let me be clear about this. I am competent to speak about the New York lawsuits because I have been licensed as a New York Attorney for the last 10 years. I also have history here, because I was representing clients in the Digital Sin, Inc. lawsuits of 2012 when all of the good case law was created.
This good case law slowly destroyed every time an innocent defendant listens to a “settlement factory” attorney (usually out-of-state) who convinces them to settle, even though they didn’t do it. Every voluntary dismissal on paper from an innocent defendant who settled gives Bryan DeMatteo’s cases credibility in the eyes of the judges because it makes judges believe that he has correctly sued the “right” defendant.
SIDE NOTE: I am aware that some attorney has called me a “Western out of state defense attorney,” but don’t be fooled — I am born and raised in New York, and New York was the first state in which I first became a licensed attorney. New York is known to be one of the hardest state bars to pass. Let me speak clearly just so there is no confusion — I AM AN ATTORNEY LICENSED TO PRACTICE LAW IN THE STATE OF NEW YORK, AND TEN YEARS LATER, STILL IN GOOD STANDING — I am not some out of state defense attorney who is looking to get admitted (“pro hac”) to the US District Court one case at a time. And, just so it is said, I have nothing wrong with out-of-state attorneys who get admitted “pro hac” on a case-by-case basis to represent one client for one case, as long as they represent their clients COMPETENTLY.
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ME2 PRODUCTIONS, INC. CASE RESOURCES
The TorrentLawyer blog has become a giant with over 200+ articles on the various cases in which our Cashman Law Firm, PLLC has worked on. If you have come to this page, you likely received a settlement demand letter from Bryan N. DeMatteo asking for $5,600 (or, whatever he is asking for at the moment; some attorneys are asking for $7,500, and others are asking for $2,500). Either way, you missed the deadline to file a motion to quash (which is fine), and your ISP handed over your information to the plaintiff attorney. Now you are facing another deadline — DeMatteo’s deadline — which is probably some date coming immediately, as in tomorrow.
You want to know your options, and *this article* is more of an advanced article describing a historical view of the case law which has been achieved in the New York Southern and Eastern District Courts (in 2012), versus the 2017 cases in which Bryan DeMatteo is seeking to “undo” the achievements we have achieved in the fight against copyright trolling, and why things at the moment are in his favor based on the circumstances.
To learn about the New York ME2 Productions lawsuits, read these cases in this order:
- “Just The Facts” — a short to-the-point article about the ME2 Productions, Inc. cases and what you can do about them,
- “An In-Depth FAQ about the ME2 Productions, Inc. cases” to understand everything you need to know about who is suing you,
- The article about your plaintiff attorney, Bryan N DeMatteo (read it to learn about the plaintiff, not the history of the second circuit), and
- The timeline of Anonymity in these bittorrent lawsuits — as a John Doe, you are still anonymous from the court (even though Bryan DeMatteo is sending you settlement demand letters).
Then, if you need to speak to me or have questions:
CLICK HERE FOR OUR “CONTACT US” PAGE.
How is Bryan N DeMatteo trying to legitimize his ME2 Productions (Mechanic: Resurrection movie) cases?
Earlier this morning, I wrote that “Bryan DeMatteo is facing an uphill battle to legitimize his “movie” bittorrent cases.” In order to clarify what he is doing, please allow me to elaborate. Bryan N DeMatteo is seeking to undo some of the progress we made in 2012 in the Digital Sin, Inc. cases. Digital Sin, Inc. was a bittorrent-based copyright infringement set of lawsuits against internet users who went onto bittorrent websites such as The Pirate Bay and KickAssTorrents (“KAT”) to download adult films. Because Bryan N DeMatteo’s cases deal with “movies” rather than “adult films,” it appears to me as if he is seeking to separate out movie companies (as legitimate) from the adult film companies (as illegitimate) who sued hundreds of downloaders for EXACTLY THE SAME THING.
The difference between the 2012 Digital Sin, Inc. cases and the 2017 ME2 Productions, Inc. cases is that most defendants did NOT settle.
The difference between the Digital Sin, Inc. and other adult film lawsuits that plagued the federal courts in 2012 and the 2017 “movie” lawsuits is that back then, most defendants did NOT pay settlements. They either fought their cases, or they hired an attorney such as myself in what I referred to as an “ignore” route representation, where I would open up the line of communication between my client and the “copyright troll” attorney to convince that attorney that my client wasn’t the one who did the download (and thus would not be settling).
With hundreds of potential defendants in one lawsuit (e.g., Digital Sin, Inc. v. Does 1-240), this made it appear as if almost nobody was settling the claims against them. New York judges viewed these cases with suspicion, and correctly diagnosed them with the inherent faults and flaws that even today’s bittorrent-based copyright infringement cases suffer from. Namely, improper joinder, insufficient evidence to prove copyright infringement, etc.
However, in the 2017 ME2 Productions, Inc. cases, a high percentage of defendants ARE settling the claims against them (even if they did not do the download).
Today the cases no longer have 200+ defendants in each case (and in 2012, this was considered “small” because there were cases across the US that had 2,000+ John Doe Defendants filed in ONE lawsuit). Today, cases average between 1-20 “John Doe” defendants. Bryan N. DeMatteo lists the various defendants by their accused IP address, even though I remember seeing case law stating that “an IP address is not a person.“
So, as far as I am concerned, Bryan DeMatteo is calling the ME2 Productions, Inc. John Doe Defendants by another name, but don’t be deceived, they are still John Doe Defendants and have the same legal status as an unnamed defendant with a “John Doe” placeholder.
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The Consequence of More Defendants Settling Cases is Legitimacy Given to Movie Download Lawsuits, UNDOING our work in the 2012 Digital Sin, Inc. cases.
The CONSEQUENCE of today’s smaller cases combined with the fact that plaintiff attorneys are happy to name and serve defendants is that the number of accused defendants who settle are higher (likely because “settlement factory” attorneys push defendants into settling when they should not settle).
As a result, instead of having a small handful of defendants who settle in a large case with hundreds of defendants, the HIGHER PERCENTAGE of defendants settling the claims against them (just to avoid being dragged though discovery) makes it look to the federal judge like the plaintiff’s movie cases are valid when in fact they suffer from EXACTLY THE SAME DEFECTS as the 2012 Digital Sin, Inc. cases suffered from.
In Summary, Bryan DeMatteo’s bittorrent lawsuits *will* succeed if there is a PERCEPTION by the court that he is succeeding.
In sum, the 2012 Digital Sin, Inc. downloaders used bittorrent to download the adult films. Similarly, the 2017 ME2 Productions, Inc. accused downloaders used Popcorn Time software or Showbox software [which uses bittorrent to stream the copyrighted movies to the viewers, often unbeknownst to the downloader]. Either way you look at it, the lawsuits from 2012 and 2017 are identical and should be subject to the same restrictions and new case law achieved in the Digital Sin, Inc. lawsuits.
However, if there is a PERCEPTION by the New York Judges that a high percentage of defendants are settling the claims against them, then this will make them believe that Bryan DeMatteo has done something different from the previous defendants. Namely, a higher settlement rate suggests that the DeMatteo has sued the right defendants. This is an unacceptable outcome, but one which I believe we are looking at for the time being given the circumstances of bittorrent lawsuits in their current form.
Have you read enough? Book Now to get help. > > >
Who are the New York Southern & Eastern District Judges Presiding Over the ME2 Productions, Inc. Lawsuits?
The New York District Judges presiding over the ME2 Productions, Inc. lawsuits include Judge Brian Cogan, Judge Carol Bagley Amon, Judge Denise Cote, Judge Edgardo Ramos, Judge Frederic Block, Judge Kiyo Matsumoto, Judge Louis Stanton, Judge Margo Brodie, and Judge Paul Gardephe. If you search for most of their names (with the exception of Judge Ramos, who oversaw the Malibu Media, LLC lawsuits for my clients in 2012 — Jason Kotzker was the NY “copyright troll” attorney at the time, for those of you who have followed the blog over the years), almost NONE of the names will show up as having anything to do with the bittorrent cases.
In short, so far, DeMatteo has gotten lucky (except for NYSD Judge Ramos re: Case No. 1:17-cv-02284, which I expect to be dismissed immediately after Bryan DeMatteo reads this article [you’re welcome]), as none of the federal judges were involved in the 2012 Digital Sin, Inc. case consolidations. However, the results from the Digital Sin, Inc. case is “law” (or more accurately, “case law”), which is BINDING on even these federal judges when they adjudicate the ME2 Productions, Inc. lawsuits.
CONTACT A NY LICENSED ATTORNEY:
CLICK HERE FOR OUR “CONTACT US” PAGE.
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SCENARIO 2: IF YOU WOULD LIKE TO SPEAK ABOUT YOUR NEW YORK CASE AND YOUR OPTIONS, SET UP A PHONE CONSULTATION:
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.
New York ME2 Productions Cases filed by Bryan DeMatteo (NY)
New York ME2 Productions, Inc. et al v. Doe-98.113.28.221 (Case No. 1:17-cv-02175)
New York ME2 Productions, Inc. v. Doe-184.75.90.162 et al (Case No. 1:17-cv-02645)
New York ME2 Productions, Inc. v. Doe-24.193.144.240 (Case No. 1:17-cv-01456)
New York ME2 Productions, Inc. v. Doe-67.245.46.234 et al (Case No. 1:17-cv-03467)
New York ME2 Productions, Inc. v. Doe-67.85.69.69 et al (Case No. 1:17-cv-05701)
New York ME2 Productions, Inc. v. Doe-68.194.180.74 et al (Case No. 1:17-cv-00929)
New York ME2 Productions, Inc. v. Doe-69.125.223.48 et al (Case No. 1:17-cv-01196)
New York ME2 Productions, Inc. v. Doe-72.225.199.92 et al (Case No. 1:17-cv-02284)
New York ME2 Productions, Inc. v. Doe-72.226.55.88 et al (Case No. 1:17-cv-01604)
New York ME2 Productions, Inc. v. Doe-74.71.172.215 et al (Case No. 1:17-cv-01049)
New York ME2 Productions, Inc. v. Doe-98.14.173.58 et al (Case No. 1:17-cv-02717)