Category Archives: Hughes Socol Piers Resnick & Dym Ltd.

The Sunshine State: No longer a “Happy” place for copyright trolls.

A number of copyright trolls hit a snag when the judges in both the Middle District of Florida (FLMD) and the Northern District of Florida (FLND) froze a whole slew of cases, consolidated some, and severed many others. This is just a simple indication that 1) federal judges in Florida are talking to one another, and 2) Florida has caught on to the copyright trolls’ extortion scheme.

In the Northern District of Florida, the mass bittorrent lawsuit West Coast Productions, Inc. v. Does 1-581 (Case No. 5:12-cv-00277) was “smoked,” resulting in all defendants [except one] being severed and dismissed from the case. Judge Smoak not only denied plaintiff attorney Jeffrey Weaver of Dunlap Weaver, PLLC (think, “Dunlap, Grubb, & Weaver, PLLC” from the olden days) an extension of time to name and serve defendants (as if he would have if he was given the chance) but he also killed Weaver’s lawsuit by severing out all the defendants. Now obviously Jeffrey Weaver can always re-file against individual John Does in their home states, but so far [with few exceptions] I have not seen individual lawsuits from these plaintiff attorneys.

However, here is the problem with the West Coast Productions, Inc. severed case. We know it is severed. You now know it is severed. However, your ISP does not know, and as far as they are concerned, they are still under an order signed by Judge Smoak on 9/4/2012 forcing them to produce the names, addresses, phone numbers, and e-mails of the 581 accused defendants. And, based on my conversations with defendants in this case over the past few days, these deadlines are coming up right around the corner.

I would assume that eventually the ISPs would pick up on the dismissal after enough notice, but I want to remind defendants to make sure to give notice to your ISP not to produce your information. This is something you can do on your own, but if you want an attorney to do it for you, I have already taken care of this for my own clients. Remember, your ISP gets paid by the plaintiff attorneys for each name they hand over, so they have a financial interest in producing the names “accidentally,” unless you give them notice. And, Jeffrey Weaver (your plaintiff attorney) will gladly pay your ISP for their accident because he wants nothing more than to get your names so that he can ask for $3,500 from each one of you. For this reason, be smart and follow-up with this, whether you use me to send the letter and documentation to your ISP for you, or whether you do it on your own.

As if the severance is not enough exciting news, in the Middle District of Florida, PRETTY MUCH EVERY CASE HAS BEEN EITHER FROZEN, SEVERED, OR DISMISSED.  Hoo yah!

I am happy to share that many of these cases were frozen in their tracks BEFORE THE JUDGES GAVE ORDERS PERMITTING THE PLAINTIFFS TO RECEIVE SUBPOENAS.  In other words, the ISPs were never subpoenaed, and you — the thousands of John Doe Defendants — never received ANYTHING in the mail!  Here are just a few examples of various cases:

West Coast Productions, Inc. v. Does 1-448 (3:12-cv-01277) — STAYED
West Coast Productions, Inc. v. Does 1-675 (3:12-cv-00964) — STAYED

Night of the Templar, LLC v. Does 1-23 (6:12-cv-01777) — SHOW CAUSE WHY SANCTIONS SHOULD NOT BE AWARDED.
Night of the Templar, LLC v. Does 1-92 (6:12-cv-01778) — SHOW CAUSE WHY SANCTIONS SHOULD NOT BE AWARDED.
Night of the Templar, LLC v. Does 1-98 (8:12-cv-02645) — SEVERED AND DISMISSED.

Bait Productions Pty Ltd. cases — CONSOLIDATED; ALL CASES ASSIGNED TO JUDGE COVINGTON AND GIVEN NEW CASE NUMBER (6:12-cv-01779).  This 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… and so on.

According to @copyrightclerk, “Bait Productions ha[d] 25 active cases in the Middle District of Florida against a total of 1,536 defendants.” Her write up on the consolidation of Bait Productions cases can be found here.

In sum, while Florida might be “the sunny state,” it appears as if a deep cold front has come in and given the flu to the trolls.  I saw a number of Florida cases from other plaintiffs as well that have been frozen, killed, stayed, or severed and dismissed.  It took them over two years, but I am happy they have finally caught on.


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“The Divide” — Copyrighted Bait, New Copyright Trolls

The Divide - New Copyright TrollsI wanted to bring your attention to a new “copyright troll” in the backyard of Steele Hansmeier, PLLC (now Prenda Law Inc.). The copyright troll is “R & D Film 1, LLC” and their plaintiff attorney is Michael Heirl and Todd Parkhurst of Hughes Socol Piers Resnick & Dym, Ltd. Their website is http://www.hsplegal.com, and surprise, surprise — they are out of Chicago, Illinois.

It appears as if they are suing over the movie title “The Divide,” directed by Xavier Gens, which was seeded over the bittorrent network as “The Divide 2011 LIMITED 720p BRip XVID AC3 BHRG” on USAbit.com [and is coincidentally still being seeded now as we speak here, so apparently neither Michael Heirl nor Todd Parkhurst have issued a DMCA takedown letters to the bittorrent websites.] The download appears to be a rip of a Blu-Ray, the size of the file is 3.8 GB, and it appears to have been downloaded 2162 times so far (so expect to have 2,000+ defendants soon for this file alone).

On another complaint, I see the torrent file is “The Divide 2011 720p BRRip x264 -MgB,” and I could only guess that in their other lawsuits, they are suing for all the other bittorrent filenames downloaded.

It appears that plaintiff attorney Michael Heirl has targeted the following ISPs: Comcast Cable, Frontier Communications, Mediacom Communications Corp., RCN Corp., SBC Internet Services, Norlight Telecommunications, Wireless Data Service Provider Corporation, and WideOpenWest. Plus, it appears as if they have not only focused on those defendants in Illinois, but they have narrowed the IP addresses down to which town allegedly housed this accused IP address.  Thus, forget about motions to quash based on a lack of personal jurisdiction — they’ve nailed it.

So far, I only see 364 John Doe Defendants implicated in these lawsuits, but with 2,000+ downloads (and counting) for one file on one bittorrent website, they could easily amend their complaints to add thousands of new defendants as Dunlap Grubb & Weaver, PLLC and other plaintiff attorneys have habitually done in the past. Here are the lawsuit titles to date:

CASES FILED BY TODD S. PARKHURST & MICHAEL A. HIERL OF HUGHES SOCOL PIERS RESNICK & DYM LTD. IN THE NORTHERN DISTRICT OF ILLINOIS:
R & D Film 1, LLC v. Does 1-52 (Case No. 1:12-cv-05810)
R & D Film 1, LLC v. Does 1-20 (Case No. 1:12-cv-05817)
R & D Film 1, LLC v. Does 1-57 (Case No. 1:12-cv-05821)
R & D Film 1, LLC v. Does 1-62 (Case No. 1:12-cv-05822)
R & D Film 1, LLC v. Does 1-36 (Case No. 1:12-cv-05823)
R & D Film 1, LLC v. Does 1-88 (Case No. 1:12-cv-05825)
R & D Film 1, LLC v. Does 1-29 (Case No. 1:12-cv-05827)
R & D Film 1, LLC v. Does 1-20 (Case No. 1:12-cv-05828)

Now I have started a discussion page on the R&D FILM 1, LLC lawsuits here, and as I learn more, I will obviously post about it.

On a personal level, it is always an interesting experience defending defendants who are accused of downloading actual motion pictures (“movies”), because the attorneys for these cases are usually more self-assured than those from the porn industry. Obviously the difference between a porn copyright troll and a motion picture copyright troll is that the porn troll is usually suing because they want to 1) stop the piracy of their film and 2) it is a better business model (frowned upon by the porn industry or not) to get thousands of dollars from one internet user rather than to get hundreds of members to sign up for monthly or annual memberships at their sites.

However, with “movie” copyright trolls, they often appear to be self-righteous and have no compunctions throwing threats around because nothing of theirs stinks except for the way they have chosen to make money for their production company client (which they often share a piece of, so there are ethical implications as well [e.g., having a “stake” in the outcome of the litigation]). Looking at these attorneys, they look like older gentlemen who might not be aware of the poo they just stepped in by copying the methods of the copyright trolls.  I even wonder whether they are aware of the now hundreds of lawsuits that have been filed in the courts, and specifically the many adverse rulings in the Northern District of Illinois where any copyright troll should be thinking twice before filing there.  In short, what will be interesting is to see whether these copyright trolls are interested in stopping the piracy of their films, or whether they want to punish those who have not purchased a ticket at the box office.