Category Archives: Copyright Trolls

New York ME2 Productions Settlement Letters Sent by Bryan DeMatteo

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:

  1. “Just The Facts” — a short to-the-point article about the ME2 Productions, Inc. cases and what you can do about them,
  2. “An In-Depth FAQ about the ME2 Productions, Inc. cases” to understand everything you need to know about who is suing you,
  3. The article about your plaintiff attorney, Bryan N DeMatteo (read it to learn about the plaintiff, not the history of the second circuit), and
  4. 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.

2012 Digital Sin New York Bittorrent Cases affecting Bryan DeMatteo and his 2017 New York ME2 Productions cases

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.

New York ME2 Productions settlement demand letters sent by Bryan DeMatteo
JESHOOTS / Pixabay

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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.

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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.

SCENARIO 1: IF YOU HAVE A QUICK QUESTION, COMMENT, OR NEED A QUICK RESPONSE:

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)

New York Copyright Troll Bryan DeMatteo and The Split Second Circuit

Bryan DeMatteo is the attorney suing John Doe Defendants in the 2017 bittorrent-based copyright infringement lawsuits in New York.  These New York bittorrent lawsuits involve “copyright trolls” such as ME2 Productions, Inc. (NY) (a.k.a. the Mechanic: Resurrection movie lawsuits), UN4 Productions, Inc. (NY) (the Boyka: Undisputed 4 movie lawsuits), Venice PI, LLC (NY) (the Once Upon a Time in Venice movie lawsuits), and more recently, Headhunter LLC (NY) (the “A Family Man” movie lawsuits).

As a NY Licensed Attorney for 10 Years, My Thoughts on Bryan DeMatteo and His Lawsuits.

Bryan DeMatteo runs DeMatteo Law, PLLC from the 5th Floor of 830 3rd Avenue in New York City (Midtown).  I have dealt with him before, and he is anything but an “empty shell” attorney that I poke fun at on this blog.  It was suggested that his cases are “just like any other bittorrent case” which is true as far as who his clients are, but Bryan fights his case differently from other plaintiff attorneys I have faced before.  In short, be careful when hiring counsel to oppose this attorney, because he separates apart his lawsuits into different kinds of copyright infringement, and any “settlement factory” attorney will be caught off guard by this.

I became an attorney over ten years ago in New York, and I have been practicing law and representing New York clients for ten years.

While our Cashman Law Firm, PLLC was formed in Texas in 2010, our law firm continues to represent New York clients.  [Why?  Because New York is where I was born, and where I grew up playing stickball on the streets of Brooklyn.  It is where I went to law school, and where I have all my roots as a New York licensed attorney.]

Bryan DeMatteo and the New York “Movie” Bittorrent Lawsuits

For the recent “movie” cases, Carl Crowell has an attorney who I have dealt with before — Bryan DeMatteo.

Bryan DeMatteo (also a patent attorney) is now suing defendants in the US District Court for the Southern and Eastern Districts of New York.  Bryan DeMatteo is suing for the same four copyright holders I have discussed before in other articles:

Bryan DeMatteo Cases - A Family Man, Headhunter LLC | Mechanic: Resurrection ME2 Productions | Once Upon a Time in Venice, Venice PI | Boyka: Undisputed 4, UN4 Productions

What do I need to know about New York Attorney Bryan DeMatteo?

In representing a New York client, there are a few things to understand about Bryan N. DeMatteo of DeMatteo Law, PLLC:

1) Be sure to understand the innuendos of bittorrent technology.  He does.

Bryan DeMatteo believes in the validity of these bittorrent-based copyright infringement lawsuits, which separates him from what I refer to as the “empty shell” local counsel plaintiff attorneys who I have seen read scripts provided to them by their copyright holder clients. In speaking to him (obviously it is best to have an attorney speak to him on your behalf), be sure you understand the innuendos of bittorrent technology, because he does. Show your incompetence, and he’ll likely plow right over your ignorance.

2) Bryan DeMatteo is on a mission to rectify a split in the NY Southern District Court.

Second. Bryan DeMatteo is faced with a SPLIT IN THE SOUTHERN DISTRICT COURT which he is fighting an uphill battle to rectify.

This split happened in 2012, when our law firm (Cashman Law Firm, PLLC) was representing clients against Mike Meier (the plaintiff attorney at the time) in the Digital Sin[s] v. John Does 1-234 (Case No. 1:11-cv-08170) case.  This case [into which all other NY bittorrent cases were combined] caused the controversy Bryan DeMatteo is looking to rectify.

Digital Sin New York Bittorrent Cases affecting Bryan DeMatteo
Remember the Digital Sin, Inc. (NY) cases from 2012?

While the details of the split are not relevant, in 2012, many things happened.

1) We were successful in having the judges consolidate and freeze all of the smaller bittorrent cases in New York into one case.

See:
2012 Article #1, “New York Judge consolidates and freezes SMALLER BITTORRENT CASES for plaintiff attorney.
2012 Article #2, “More of Mike Meier NY bittorrent cases consolidated.
2012 Article #3, “MISSION ACCOMPLISHED? New York’s split Southern District Court

2) Because the New York bittorrent cases were facing joinder problems (which the judges recognized as a valid problem in most of the New York bittorrent cases at the time), the John Doe Defendants in the New York bittorrent cases were severed and dismissed.

However, as a response to the dismissal, the plaintiff attorney would turn around and sue those same defendants as new John Doe Defendants in a second bittorrent case.  This angered the judges.

“Lest plaintiff’s counsel think he can simply put cases against the severed and dismissed John Doe defendants into the wheel for assignment to yet another judge, I remind him of Local Civil Rule 1.6(a) [which requires the plaintiff attorney to bring the existence of potentially related cases to the attention of the Court].”

In sum, we were successful in forcing the plaintiff attorney to disclose whether these John Does were sued before, and in which cases they were sued.

3) Judges suggested that the New York plaintiff attorney pay 244 filing fees for 244 defendants x $350 each, rather than allowing him to pay one $350 fee [the fee in 2012 to file a lawsuit] to sue them all.

“They are dismissed because the plaintiff has not paid the filing fee that is statutorily required to bring these 244 separate lawsuits.” (p.4)

This would have amounted to $85,400 in filing fees if Digital Sin, Inc. wanted to go after the dismissed defendants from this case.

Needless to say, every one of our Cashman Law Firm, PLLC clients in the case were dismissed, and they were never filed against again. Since then, the three-year statute of limitations has run, and the plaintiff has lost the opportunity to sue my clients. Congratulations once again on hard earned, good results.

Jump to 2017, Effects of 2012 on Bryan DeMatteo's NY Bittorrent Cases
geralt / Pixabay

Since 2012, FIVE YEARS have passed, and now we have Bryan DeMatteo to contend with.

To bring you up to speed, it has been five (5) years since the Southern District of New York fiasco happened. While the rulings happened to Mike Meier and his Digital Sin, Inc. client, the “law” created by these cases is still binding on Bryan DeMatteo, and his New York ME2 Productions, Inc., New York UN4 Productions, Inc., New York Venice PI, LLC and New York Headhunter LLC lawsuits. He knows this, and thus his job in proving the validity of his cases is a complicated job.

In Sum: Unintended Consequences from 2012 => Bryan DeMatteo.

Unfortunately, as exciting as was was when our New York Southern District Court went “belly-up” for copyright trolls, the unintended consequence of our activities from five years ago is that now we have Bryan DeMatteo who has taken on these cases with “something to prove.”

In sum, New York bittorrent lawsuits are not a place for the weak minded, nor are they a place for someone not intricately familiar with the innuendos of copyright infringement. For cases against Bryan DeMatteo, it is best to have someone who knows the New York courts, who knows many of the New York federal judges, and who has had experience in fighting bittorrent-based copyright infringement cases in New York. Obviously I am one of them, and I have been fighting these cases since they were first filed in 2010.

I want to point out that as a result of this case (and other events that surrounded this case), Mike Meier is no longer filing bittorrent-based copyright infringement lawsuits in New York, and until recently (as Sophisticated Jane Doe properly put it), “Trolls are not welcome in the Southern District of New York anymore.

CONTACT A NY LICENSED ATTORNEY:

CLICK HERE FOR OUR “CONTACT US” PAGE.

SCENARIO 1: IF YOU HAVE A QUICK QUESTION, COMMENT, OR NEED A QUICK RESPONSE:

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.

Bryan DeMatteo New York Southern & Eastern District Cases:

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)

New York Headhunter LLC Cases filed by Bryan DeMatteo (NY)

New York Headhunter LLC v. Doe-173.56.227.169 et al (Case No. 1:17-cv-05314)
New York Headhunter LLC v. Doe-69.124.0.132 et al (Case No. 1:17-cv-04155)
New York Headhunter LLC v. Doe-72.80.132.46 et al (Case No. 1:17-cv-05895)

New York UN4 Productions Cases filed by Bryan DeMatteo (NY)

New York UN4 Productions, Inc. v. Doe-108.29.50.167 et al (Case No. 1:17-cv-03698)
New York UN4 Productions, Inc. v. Doe-173.68.177.95 et al (Case No. 1:17-cv-03278)
New York UN4 Productions, Inc. v. Doe-184.152.88.112 et al (Case No. 1:17-cv-04817)
New York UN4 Productions, Inc. v. Doe-67.243.172.121 et al (Case No. 1:17-cv-03621)
New York UN4 Productions, Inc. v. Doe-72.89.251.15 (Case No. 1:17-cv-04400)
New York UN4 Productions, Inc. v. Doe-74.88.64.129 et al (Case No. 1:17-cv-04887)

New York Venice PI Cases filed by Bryan DeMatteo (NY):

New York Venice PI, LLC v. Doe-24.187.92.79 et al (Case No. 1:17-cv-04904)
New York Venice PI, LLC v. Doe-24.44.143.124 et al (Case No. 1:17-cv-04249)
New York Venice PI, LLC v. Doe-66.108.113.178 et al (Case No. 1:17-cv-05594)
New York Venice PI, LLC v. Doe-68.173.101.58 et al (Case No. 1:17-cv-04076)

BitTorrent Lawsuit Trends – ME2, Venice PI, UN4, Headhunter (8/2017)

While we are far from the end of August, we have seen a significant shift in the filing trends of the ME2 Productions movie lawsuits, a continuing trend in the UN4 Productions movie lawsuits, growth in the Headhunter LLC movie lawsuits, and an expansion of the Venice PI LLC movie lawsuits.  This shift in filing trends is the subject of this NEW BITTORRENT CASE FILINGS UPDATE (8/2017). We also have seen the birth of a new baby copyright troll with just 2 cases in Oregon, “POW Nevada, LLC.”

NOTE: “POW” Nevada, LLC stands for “Prisoner of War,” and the movie they are suing for is called “Revolt (2017), a.k.a. Prisoner of War.” I saw the trailer for this movie, and while I am less than enthusiastic about the prisoner of war alternative title, all I could say is, “Killer Robot steel tentacles — I’m in!”

pow-nevada-revolt-trailer-screenshot
Yes, those are killer robot tentacles being launched at the soldier’s face.

Are the bittorrent cases coming to an end?

Obviously, it would be wishful thinking to think that we have won the war, and what is that war? Piracy is illegal and it hurts the content producers. However, the solution to piracy is not filing federal copyright infringement lawsuits alleging statutory damages of $150,000 against each and every accused downloader, regardless of whether they did the download or not. And, the solution to piracy is not to force hundreds of families (987 families were sued by the copyright troll lawyers last year) to choose between two bad choices — either empty their savings to pay a multi-thousand dollar settlement or hire an attorney (which also costs money) to stop the plaintiff attorney from coming after the accused defendants.

Bad Defense Litigation Attorneys

Defense attorneys who understand federal practice happily take clients who are accused of copyright infringement. They have read articles I or others have written, and they have read Prof. Matthew Sag’s “Defense Against the Dark Arts of Copyright Trolling” paper, which explains that even if the accused John Doe Defendant actually did the download (or, viewed the movie illegally using Popcorn Time software), they actually cannot prove that copyright infringement happened.

They will then tell their potential clients that “copyright law” gives the winner of the lawsuit all of their attorney fees (which is true in theory, but not in practice). In other words, “pay me $300/hour for the next 100 hours of work, and WHEN YOU WIN, you’ll get all that money back from the criminal copyright trolls who deserve everything that comes to them.” However, what they do not tell you is that attorney fees only get awarded to the party who “wins” the case when it is dismissed by a judge or a jury because they find that based on the evidence, no copyright infringement occurred. In other words, the legal speak for this is that attorney fee awards for copyright infringement lawsuits are only awarded “to the prevailing party who prevails ON THE MERITS.”

These defense attorneys are WELL AWARE that the copyright troll plaintiff attorneys are under instructions to dismiss an innocent defendant after discovery, but before the defense attorney files a summary judgement motion (the first place a judgement “on the merits” can happen).

Essentially, a summary judgement motion tells the court,

“Dear Judge, the plaintiff attorney has searched my client’s computer. He has asked my client questions under oath. He has conducted a video recording of my client answering his questions. With all this, he cannot prove the elements of copyright infringement, so please dismiss the case.”

Again, a plaintiff attorney will dismiss a defendant BEFORE the summary judgement is filed, which means that the defendant will LOSE all the tens of thousands of dollars he paid in attorney fees TO HIS OWN LAWYER!

Bad Settlement Factory Attorneys

I have already covered the topic of “bad settlement factory attorneys” here, and here (and here).

[Essentially, settlement factories pretend that they do not only settle clients, but every client interview leads to the answer of “you should settle,” or, “wait to see if they come after you and send you a settlement demand letter, then settle,” or some variation thereof.

If you retain a settlement factory attorney, you will be paying less for your attorney, but you do not get the value for the amount you are paying. Why? Because 1) the physical amount of time they actually spend on your settlement versus the amount of money you pay gives them a $500+/hour hidden rate because they actually do not negotiate your settlement price. As a result, the amount you end up paying ends up being significantly higher than if you just hired an attorney (me or anyone else) to negotiate a settlement to right way, without cutting any corners. Oh, and the settlement factories will provide you merely a boilerplate settlement agreement (which has you admit guilt, and which potentially opens you up to future lawsuits).

As a result of my articles exposing their methods, these settlement factories have altered their scripts claiming that they do actually negotiate each settlement price, and that they actually do negotiate the settlement agreements, but this is a marketing trick. They don’t, I’ve seen the agreements.]

So why is it relevant that there have only been six (6) cases filed so far this month?

I am writing this article on 8/8/2017, so we are only eight days into the month. However, one of the strengths of our Cashman Law Firm, PLLC is that we pay attention to:

  • which plaintiff attorneys are suing for copyright infringement on behalf of which movie production studios,
  • what the proclivities of each plaintiff attorney are (do they name and serve defendants, do they drag them through discovery before dismissing, or can we quickly negotiate a dismissal for an innocent client without paying a settlement),
  • what the mood of the federal court is where the lawsuits are filed (copyright trolls choose where to sue based on where they believe they will find “copyright troll friendly” judges) [this is called forum selection for those of you who are interested], and
  • whether the underlying movie company is willing to pay their attorney to name and serve clients and “drag them through the mud” before dismissing, or whether it is cost efficient, meaning, they pay attention to the bottom line.

Why I just spent an entire paragraph listing our law firm’s strengths is to share that when there is a change in a trend, we notice, and there has been a change in the trend.

So are copyright troll lawsuits dead?

Unfortunately, no, they are simply pacing themselves. Since we discovered in March 2017 the underlying “common copyright troll” link between each and every movie lawsuit filed in federal courts across the US, we have been watching which movie company sues, where, and how often. That way, when a “bittorrent lawsuit campaign” is coming to an end, we see this trend and cut off all funding, even for defendants who may have otherwise settled the claims against them. This might anger and provoke the plaintiff attorneys who diligently read my blog (“hello y’all”), but the simple matter is that I do not take every client who calls my office unlike other firms, and if I sense a campaign is over, I’ll tell them to avoid even my fees and just watch the case and wait for a dismissal. I’ll even teach them how to do it themselves, and I don’t charge them for this.

What trends have we spotted for August, 2017?

Now to the meat of the article. 🙂 Data described here includes ALL FILINGS across the US for July 1, 2017 – August 8, 2017.

ME2 PRODUCTIONS (MECHANIC:RESURRECTION) MOVIE LAWSUITS

ME2 Productions, Inc. cases are coming to an end, or at least that is how it appears. There have been four (4) cases filed in four courts (Washington, Colorado, Hawaii, and New York). *That is ONE lawsuit per state,* a mere “drip” compared to the volume of cases they have filed in recent months.

ME2 Productions Inc v. Doe 1 et al (Case No. 2:17-cv-01077) (Washington Western District Court)
ME2 Productions, Inc v. Doe 1 et al (Case No. Case No. 1:17-cv-01810) (Colorado District Court)
ME2 Productions, Inc. v. Doe 1; et al. (Case No. Case No. 1:17-cv-00320) (Hawaii District Court)
ME2 Productions, Inc. v. Doe-67.85.69.69 et al (Case No. 1:17-cv-05701) (New York Southern District Court)

UN4 PRODUCTIONS (BOYKA: UNDISPUTED 4) MOVIE LAWSUITS

The UN4 Productions ISP subpoena cases appear to be in the middle of their campaign. Cases are still being filed (predominantly in the Illinois Northern District Court), but there has also been a splattering of cases filed in Washington, Colorado, Hawaii, New York, and Texas [Texas is actually a new story, as having these cases expand into Texas with Gary Fischman as the plaintiff attorney is a new trend]). Aside from the Texas filings, you’ll notice the list of federal courts matches exactly with the list of courts where the ME2 Productions, Inc. cases are filed.

Expect to see more UN4 Productions, Inc. cases filed, as this lawsuit appears to be targeting “ethnic” defendants with “deeper pockets.” These include Arabic speaking defendants, French speaking defendants, and Spanish speaking defendants.

UN4 Productions, Inc. v. Doe 1 et al (Case No. Case No. 1:17-cv-01689) (Colorado District Court)
UN4 Productions, Inc. v. DOE Defendants 1-20 (Case No. Case No. 1:17-cv-00331) (Hawaii District Court)
UN4 Productions, Inc. v. Doe-72.89.251.15 (Case No. 1:17-cv-04400) (New York Eastern District Court)
UN4 Productions, Inc. v. Does 1-16 (Case No. Case No. 4:17-cv-02115) (Texas Southern District Court)
UN4 PRODUCTIONS, INC. v. DOES 1-17 (Case No. Case No. 1:17-cv-05563) (Illinois Northern District Court)
UN4 PRODUCTIONS, INC. v. DOES 1-19 (Case No. Case No. 1:17-cv-05561) (Illinois Northern District Court)
UN4 PRODUCTIONS, INC. v. DOES 1-26 (Case No. Case No. 1:17-cv-05565) (Illinois Northern District Court)
UN4 PRODUCTIONS, INC. v. DOES 1-31 (Case No. Case No. 1:17-cv-05567) (Illinois Northern District Court)
UN4 PRODUCTIONS, INC. v. DOES 1-35 (Case No. Case No. 1:17-cv-05569) (Illinois Northern District Court)

HEADHUNTER LLC (“A FAMILY MAN”) MOVIE LAWSUITS

The Headhunter movie lawsuit campaign is still in its infancy. Only appearing on the scene recently, most of their cases are also young and in their infancy. This means that even though cases have already been filed across the US, federal judges have not yet approved the plaintiffs’ requests to send subpoenas to the ISPs of accused defendants to unmask their identities. Thus, many of those who have been accused of being John Doe defendants do not even know they have been implicated in their lawsuits.

Headhunter LLC lawsuits in sum have already “dropped their seeds,” and now while they wait for those filings to sprout and ensnare hundreds of families across the US for the “A Family Man” movie (irony), Headhunder, LLC is expanding the scope and bredth of their filings, and they are filing in liberal states (Texas is very conservative as a rule, but the city of Houston, and the various nerve centers are all liberal — that way they can vote Republican in every federal election, but they vote Democrat in-state to provide services to Texas citizens). I have not figured out the relevance of their choosing this demographic to sue for the “A Family Man” movie, but as these cases mature, I’ll begin to see the trends as they unfold.

Headhunter LLC v. Doe-173.56.227.169 et al (Case No. 1:17-cv-05314) (New York Southern District Court)
Headhunter LLC v. Doe-69.124.0.132 et al (Case No. 1:17-cv-04155) (New York Eastern District Court)
Headhunter LLC v. Doe-72.80.132.46 et al (Case No. 1:17-cv-05895) (New York Southern District Court)
Headhunter, LLC v. Doe-73.191.98.246 (Case No. 1:17-cv-00793) (Virginia Eastern District Court)
Headhunter, LLC v. Does 1-17 (Case No. Case No. 4:17-cv-02352) (Texas Southern District Court)
Headhunter, LLC v. Does 1-9 (Case No. Case No. 5:17-cv-00069) (Virginia Western District Court)
HEADHUNTER, LLC v. JOHN DOES 1-10 (Case No. Case No. 2:17-cv-02985) (Pennsylvania Eastern District Court)
HEADHUNTER, LLC v. JOHN DOES 1-11 (Case No. Case No. 2:17-cv-02986) (Pennsylvania Eastern District Court)

Stay tuned; there will be many more of these lawsuits.

VENICE PI (“ONCE UPON A TIME IN VENICE”) MOVIE LAWSUITS

I wonder if Bruce Willis knew when he took this role that in addition to the “Once Upon a Time in Venice” movie destroying his reputation, it would also spawn a slew of copyright infringement lawsuits which destroy the lives of hundreds of families across the US. Venice PI movie lawsuits are in FULL SWING and are being accelerated and expanded across the US. This simply means that the Venice PI copyright holder is happy with the initial results of early lawsuits, and they are investing significantly more money into the enforcement of their copyright rights.

What this means for you if you are a defendant in this lawsuit is that the plaintiff attorneys across the US are likely funded and able to spend large amounts of time and hours going after the many defendants for Venice PI, LLC cases. This means that they will likely name and serve defendants who do not settle, and they will drag innocent defendants into and through discovery before dismissing them. Contrast this to a cost conscious copyright holder who wants to spend as little as possible on their copyright trolling campaign — defendants from the cost conscious copyright holders will be dismissed outright and any naming and serving of defendants will be for “face saving” purposes only (e.g., to fool the federal judges into thinking that these copyright holder plaintiffs are “serious” about proceeding against those downloaders who actually downloaded the film).

This copyright holder will likely be a problem for accused defendants.

Because there are so many new defendants implicated by Venice PI, LLC, I am sorting the lawsuits by state so that it is easier to see how many families will be affected by these lawsuits.

Venice PI ISP Subpoena cases recently filed in the Colorado District Court (5)
Venice PI, LLC v. Doe 1 et al (Case No. Case No. 1:17-cv-01664)
Venice PI, LLC v. Doe 1 et al (Case No. Case No. 1:17-cv-01787)
Venice PI, LLC v. Doe 1 et al (Case No. Case No. 1:17-cv-01861)
VENICE PI, LLC v. John Does 1 – 15 (Case No. Case No. 1:17-cv-01870)
Venice PI, LLC. v. John Doe 1 et al (Case No. Case No. 1:17-cv-01850)

Venice PI ISP Subpoena cases recently filed in the Indiana Northern District Court (4)
(NOTE: I was just there a few weeks ago.)
Venice PI, LLC v. Doe 1 et al (Case No. Case No. 2:17-cv-00284)
Venice PI, LLC v. Doe 1 et al (Case No. Case No. 2:17-cv-00285)
VENICE PI, LLC v. DOE 1 et al (Case No. Case No. 1:17-cv-02274)
VENICE PI, LLC v. DOE 1 et al (Case No. Case No. 1:17-cv-02328)

Venice PI ISP Subpoena cases recently filed in the New York Southern and Eastern District Courts (3)
Venice PI, LLC v. Doe-24.44.143.124 et al (Case No. 1:17-cv-04249)
Venice PI, LLC v. Doe-68.173.101.58 et al (Case No. 1:17-cv-04076)
Venice PI, LLC v. Doe-66.108.113.178 et al (Case No. 1:17-cv-05594)

Venice PI ISP Subpoena cases recently filed in the North Carolina District Courts (11)
Venice PI, LLC v. Doe 1 et al (Case No. Case No. 5:17-cv-00337)
Venice PI, LLC v. Doe 1 et al (Case No. Case No. 5:17-cv-00339)
Venice PI, LLC v. Doe 1 et al (Case No. Case No. 5:17-cv-00340)
Venice PI, LLC v. Does 1-11 (Case No. Case No. 5:17-cv-00334)
Venice PI, LLC v. Does 1-12 (Case No. Case No. 5:17-cv-00333)
Venice PI, LLC v. Does 1-14 (Case No. Case No. 5:17-cv-00367)
VENICE PI, LLC v. DOES 1-10 (Case No. Case No. 1:17-cv-00671)
VENICE PI, LLC v. DOES 1-10 (Case No. Case No. 1:17-cv-00676)
Venice PI, LLC v. Does 1-10 (Case No. Case No. 3:17-cv-00409)
Venice PI, LLC v. Does 1-10 (Case No. Case No. 3:17-cv-00445)
Venice PI, LLC v. Does 1-11 (Case No. Case No. 5:17-cv-00128)

Venice PI ISP Subpoena cases recently filed in the Pennsylvania Eastern District Court (5)
VENICE PI, LLC v. JOHN DOES 1-10 (Case No. Case No. 2:17-cv-03322)
VENICE PI, LLC v. JOHN DOES 1-11 (Case No. Case No. 2:17-cv-03324)
VENICE PI, LLC v. JOHN DOES 1-14 (Case No. 2:17-cv-03325)
VENICE PI, LLC v. JOHN DOES 1-7 (Case No. Case No. 2:17-cv-03323)
VENICE PI, LLC v. JOHN DOES 1-8 (Case No. Case No. 2:17-cv-03326)

Venice PI ISP Subpoena cases recently filed in the Texas Southern District Court (4)
(NOTE: I wrote about these cases here.)
Venice PI, LLC v. Does 1-10 (Case No. Case No. 4:17-cv-02285)
Venice PI, LLC v. Does 1-13 (Case No. Case No. 4:17-cv-02395)
Venice PI, LLC v. Does 1-16 (Case No. Case No. 4:17-cv-02203)
Venice PI, LLC v. Does 1-16 (Case No. Case No. 4:17-cv-02244)

Venice PI ISP Subpoena cases recently filed in the Washington Western District Court (6)
Venice PI LLC v. Doe 1 et al (Case No. Case No. 2:17-cv-01074)
Venice PI LLC v. Doe 1 et al (Case No. Case No. 2:17-cv-01075)
Venice PI LLC v. Doe 1 et al (Case No. Case No. 2:17-cv-01076)
Venice PI, LLC v. Doe 1 et al (Case No. Case No. 2:17-cv-01160)
Venice PI, LLC v. Doe 1 et al (Case No. Case No. 2:17-cv-01163)
Venice PI, LLC v. Doe 1 et al (Case No. Case No. 2:17-cv-01164)

Venice PI ISP Subpoena case recently filed in the Hawaii District Court (1)
Venice PI, LLC v. Doe 1; et al. (Case No. Case No. 1:17-cv-00335), and

Venice PI ISP Subpoena case recently filed in the Virginia Western District Court (1)
Venice PI, LLC v. DOES 1-15 (Case No. Case No. 5:17-cv-00070)

THE ANOMALY: POW NEVADA, LLC (REVOLT)

If I called Headhunter, LLC movie lawsuits an “infant,” then POW Nevada, LLC would be a newborn. POW Nevada is suing downloaders for the sci-fi movie “Revolt.” The movie trailer for this film looks intense. While this movie has not yet appeared on Carl Crowell’s RIGHTS ENFORCEMENT (RIGHTSENFORCEMENT.COM) list of clients, he is indeed the plaintiff attorney for these lawsuits. Thus, once again, this appears to be a “common copyright troll” lawsuit scenario. There are only two test cases currently filed against two defendants, so let’s see what happens with this copyright holder. If the copyright holder’s lawsuits start metastasizing into federal courts across the US, I’ll pay more attention to this one. For now, it’s a newborn and there are only two defendants.

POW Nevada ISP Subpoena test cases filed in the Oregon District Court (2)
POW Nevada v. Doe-73.157.238.5 (3:17-cv-01134)
POW Nevada, LLC v. Doe-76.27.245.245 (3:17-cv-01133)

POW Nevada LLC | Prisoner-of_War-Revolt-Image Croped

 

In Summary

I would hate to end with a whimper rather than a bang, but really, the answer is that there are movie lawsuit campaigns — each one has its beginning, its peak, and its end.

As you can see, the ME2 Productions, Inc. cases have had their run. Now in full swing are the UN4 Productions cases, the Venice PI cases, and the Headhunter LLC cases. I.T. Productions (the “I.T”. Movie Lawsuits) didn’t go anywhere, and Cook Productions (the “Mr. Church” movie lawsuits) might still be around, although I never sensed much unity of purpose across the various federal courts from these cases.

As far as number of cases filed, this month in August, it appears as if the movie lawsuits are taking a breather. There is definitely a slowdown, perhaps because the college kids are on summer break, and the real lawsuits will start being filed after they return to college. On average, these movie copyright trolls file around 40 cases each month, with occasional spikes of 100+ cases in a “high season,” and 200+ cases filed in the spring.

Gary Fischman sues 120 Texas Defendants – Venice PI, Headhunter, UN4

Venice PI & Headhunter lawsuits come to Texas.

Literally one month ago, I wrote about the appearance of the UN4 Productions lawsuits suing accused downloaders of the Boyka: Undisputed 4 movie in Texas.  Apparently, Gary Fischman, the plaintiff attorney for the various RIGHTS ENFORCEMENT (RIGHTSENFORCEMENT.COM) subpoena based movie infringement lawsuits has earned the right to sue now for the Venice PI, LLC and Headhunter, LLC movie production companies.

Which movies are affiliated with these Texas lawsuits:

  • Venice PI, LLC is suing for the unlawful download or viewing of the “Once Upon a Time in Venice” movie,

    venice-pi-subpoena-once-upon-a-time-in-venice-movie-lawsuit Venice PI
    Venice PI, LLC (“Once Upon a Time in Venice”) movie lawsuits
  • Headhunter, LLC is suing for the unlawful download of “A Family Man” movie (not to be confused with Nicholas Cage’s “Family Man” movie from a number of years ago.)

    Headhunter LLC ("A Family Man") movie lawsuits
    Headhunter LLC (“A Family Man”) movie lawsuits
  • UN4 Productions, Inc. is suing for the unlawful download of the “Boyka: Undisputed 4” movie.

    UN4 Productions Boyka: Undisputed 4
    UN4 Productions (“Boyka: Undisputed 4”) movie lawsuits

Have you read enough? Book Now to get help. > > >

List of Texas cases filed by Gary Fischman in the last month:

HEADHUNTER (17 “JOHN DOE” TEXAS DEFENDANTS):
Headhunter, LLC v. Does 1-17 (Case No. 4:17-cv-02352)

UN4 PRODUCTIONS (51 “JOHN DOE” TEXAS DEFENDANTS)
UN4 Productions, Inc. v. Doe 1 et al (Case No. 4:17-cv-01685)
UN4 Productions, Inc. v. Does 1-13 (Case No. 4:17-cv-01834)
UN4 Productions, Inc. v. Does 1-16 (Case No. 4:17-cv-02115)

VENICE PI (55 “JOHN DOE” TEXAS DEFENDANTS)
Venice PI, LLC v. Does 1-10 (Case No. 4:17-cv-02285)
Venice PI, LLC v. Does 1-13 (Case No. 4:17-cv-02395)
Venice PI, LLC v. Does 1-16 (Case No. 4:17-cv-02203)
Venice PI, LLC v. Does 1-16 (Case No. 4:17-cv-02244)

Have you read enough? Book Now to get help. > > >

WHAT TO KNOW ABOUT YOUR LAWSUIT:

To those 120+ Defendants who are implicated by Gary Fischman as “John Doe” defendants in this lawsuit: Understand that the Texas federal judges will likely allow Gary Fischman to send a subpoena to the Comcast & AT&T ISPs to obtain the identities of those accused of downloading the various movies.

1) Read the Frequently Asked Questions (FAQs) about your particular lawsuit.

First, read about your particular movie lawsuit (see FAQs on the lawsuits here):

NOTE: Do not be fooled — each of these movies have become lawsuits because of Carl Crowell and his “common trollRIGHTS ENFORCEMENT (RIGHTSENFORCEMENT.COM) entity, of which Gary Fischman appears to be his Texas local counsel.  We understand that Crowell (or one of his attorneys) have contacted each of the movie production companies and have secured a license to sue for copyright infringement on their behalf.  Thus, the various FAQ pages will be similar, because it is the same entity that is behind the scenes of each of these movie lawsuits.

2) Learn about what an “objection with the court” or a “motion to quash” is, and whether you want to file one.

The letters from the ISPs will tell you that you have 30 days to file an objection with the court (which is referring to a motion to quash) before they are forced to hand over your information to Gary Fischman.

Do not get trapped in an emotional rush to file a “motion to quash” just because you learned that a motion to quash filing could stop your ISP from being required to hand over your information to the plaintiff (such a filing has actually been UNSUCCESSFUL, read why).

NOTE: The link I provided you above is from an article I wrote in *2010*, and now we are in 2017.  This should give us some credibility, if we did not already have some in your eyes that we have an idea of what is going on in these cases.  The motion to quash issue was figured out by us attorneys SEVEN YEARS AGO, and yet there are still new law school graduates and other attorneys who still try to sell “motion to quash” packages, claiming they will “expose the fraud” of these cases for the same amount of money you could have settled for and guaranteed an exit from the lawsuit (just to be clear, a settlement is NOT the least expensive option in handling cases such as these).  A motion to quash is NOT THE PLACE TO FIGHT YOUR LAWSUIT, and judges will get upset if you misuse this tool.  A motion to quash is a tool to determine 1) whether the subpoena is valid, and 2) whether the federal court has PERSONAL JURISDICTION over the accused defendant.

Read about motions to quash here, understand the likely response if you file a motion to quash, and understand the likely question a federal judge will ask if you file a motion to quash. For those of you who do not want to switch to another article, the short answer is that a motion to quash is a good tool to stop the ISP from handing out your information if the federal court does not have PERSONAL JURISDICTION over you (e.g., if you live in one state, but are sued in another state). However, if you (an unnamed “John Doe” defendant) file a motion to quash, understand that the likely response from the plaintiff attorney is to oppose your motion to quash. The plaintiff attorney will likely state that you do not have STANDING to file the motion to quash because you are not a named defendant in this case. [Plus, the subpoena was not issued to you, but to your ISP, and thus you are not a recipient of this subpoena and it should be the ISP who should file the motion to quash, not you.]  In short, don’t jump into a motion to quash frenzy just because you learn that the legal mechanism to stop a subpoena recipient from complying with the subpoena is called a motion to quash.

Have you read enough? Book Now to get help. > > >

3) Learn about anonymity – how long you remain anonymous after receiving the subpoena from the ISP, and at what point your anonymity ends.

Second. Be aware of your anonymity, and use it to your advantage. Understand each stage of the lawsuit, and know at what point you lose that anonymity. The reason this is relevant to you is because there is a finite amount of time in which you remain a “John Doe” defendant. During this time, Gary Fischman might learn who you are, but your information is in no way made public, and your involvement as a potential defendant in this lawsuit is not made public until you are named and served as a defendant.

This is relevant because during this time, you can hire an attorney to converse with the plaintiff attorney on your behalf, and everything is done anonymously, meaning that your contact information never shows up on the court’s docket, on your record, in Google searches, or anywhere else. This is relevant because once you lose your anonymity, the fact that you were accused in a federal court of stealing a copyrighted movie becomes public knowledge for anyone who does a look-up of your name, including potential employers.

A COMMON MISCONCEPTION is that the due date on the ISP subpoena is the date you lose your anonymity.
Wrong.
The date you lose your anonymity is the date your plaintiff attorney realizes that he will not be getting a settlement from you and he decides to change your status from a “John Doe” defendant to a “named defendant (your name as the defendant)”.

4) Learn about settlement factories, settlement options, and *when NOT to settle*.

Lastly, be aware that there are a number of settlement factories out there who will convince you that settling is the “cheapest” method of getting out of this case. This is simply not true. The fact of whether you actually downloaded the movie is possibly the most relevant piece of information in determining whether to settle. If you did not do it, then hiring an attorney to convince the plaintiff attorney not to name and serve you because you did not do the download could be the smartest thing you could do in any of these cases. Question your attorneys and ask what percentage of cases they settle, and what percentage of cases they do not settle.

What if you DID do the download (or you DID watch the movie)?

If you have done the download for which you were sued (or if you have watched the movie), the second most relevant is what else you have downloaded, watched illegally, or what else is in your bittorrent software’s download folder. The reason for this is because some bittorent clients “announce” to the bittorrent network which movies, music, e-books, and software you have downloaded, and which are actively in your “Download” folder available to be uploaded.

With this information, the plaintiff attorneys search which files are available from your IP address, and they assemble a list of files you have downloaded. If you are an avid downloader, (while this information cannot be used to prove you downloaded THIS movie,) this evidence of “other titles downloaded” will affect how a plaintiff attorney such as Gary Fischman sees you as a potential target of this lawsuit. It will affect your chances of being named and served, and it will affect the leverage you have in settlement negotiations. This is where a good lawyer is probably a good idea, especially one with leverage in settlement negotiations — one who is willing to step into court if the settlement negotiations go awry, even if it is simply to admit guilt and argue minimum $750 statutory damages from the court.

Have you read enough? Book Now to get help. > > >

In Summary:

In the end, having your attorney know the personality of your plaintiff attorney is possibly one of the most important items to consider when hiring an attorney. Specifically with Gary Fischman, he has the mind of an engineer, and he treats his cases as such. Understanding how he thinks in considering each defendant is important in obtaining the best result, whether that is not settling the case, negotiating a settlement, or fighting the claims against you in litigation.


[CONTACT AN ATTORNEY: If you have a question for an attorney about the various Texas-filed cases and options on how to proceed (even specifically for your case), you can e-mail us at info[at]cashmanlawfirm.com, you can set up a free and confidential phone consultation to speak to us about your case, or you can call us at 713-364-3476 (this is our Cashman Law Firm, PLLC’s number].

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.

WELCOME TO THE TORRENTLAWYER BLOG.

STEP 1: CHOOSE YOUR LAWSUIT

Welcome to the TorrentLawyer Blog, a Cashman Law Firm, PLLC resource.  The purpose of this sticky post is to be simplistic and help you to navigate this site (which has 200+ articles on copyright cases we have worked on since 2010).  In short, if you arrived at this site, you are facing one of three paths:

1) COPYRIGHT INFRINGEMENT “JOHN DOE” LAWSUITS

  • You have been implicated as a “John Doe” defendant in a federal copyright infringement lawsuit (or worse, you have been served as a named defendant in one of these lawsuits).
  • WHAT TO DO NEXT: Click the “Cases We Are Working On” menu option (above), and select the name of your case and/or movie allegedly downloaded.

To make things easier for you, these are the primary lawsuits we are actively working on:

2) DMCA SETTLEMENT NOTICE

  • You received a DMCA notice (“Digital Millennium Copyright Act”) accusing you of downloading one or more copyrighted videos or music songs, and they have demanded a settlement claiming that if you do not pay, they will sue you for copyright infringement.
  • WHAT TO DO NEXT: Click on the “Cases We Are Working On” menu option (above) and select which company has sent you the DMCA Notice:

3) YOU ARE LOST

  • You are lost, or you do not know where to start. Relax, we are here to help you understand what it is you received from your ISP or in the mail, who sent it, and what is happening to you. Once you have an idea of exactly what is happening, we can then discuss how to respond.
  • WHAT TO DO NEXT: Fill out the Contact form to the right, or e-mail us, text us your question, or simply schedule a time for us to call you.   >  >  >  >

STEP 2: BOOK A PHONE CONSULTATION WITH AN ATTORNEY

THIS PAGE IS MERELY AN OVERVIEW. CLICK HERE FOR DETAILS.

Siemens Product Lifecycle Management Software Lawsuits. “They’re back!”

SIEMENS PLM SOFTWARE LAWSUITS — “THEY’RE BACK!”

I didn’t want to let this one slide. Remember the Siemens Product Lifecycle Management (Siemens PLM) lawsuits (where Siemens sued a number of engineers who used their NX software without a license)? Well, they have filed their newest copyright Infringement lawsuit, this time against 97 John Doe Defendants (here in our own Texas Southern District Court, no less).

Siemens Product Lifecycle Management Software Inc. v. Does 1-93 (4:17-cv-01796), filed June, 2017

I’ve already written all that needs to be known about the Siemens Product Lifecycle Management Software Inc. lawsuits

Have you read enough? Book Now to get help. > > >

Siemens Product Lifecycle Management Software Piracy Lawsuit
Screenshot from Siemens PLM Software’s website on the NX Mach 3 software.

What happened to the Siemens Product Lifecycle Management’s older lawsuits?

WAVE 1

In Wave 1, Siemens solicited licenses for their NX software. At first, we thought that these were bittorrent-based lawsuits like the others we have been dealing with, but then we learned that Siemens was actually tracking the unlicensed USE of the software (e.g., think “software phone home”).

This complicated the lawsuits because they were dealing with actual evidence (rather than the “snapshot bittorrent-based evidence” we have seen in the movie lawsuits). As a result, we put together a list of steps an attorney should take in defending a Siemens PLM lawsuit, and this has proven to be an effective strategy.

Over time, the lawsuit progressed, and eventually Siemens dismissed the lawsuit once they realized who they wanted to name and serve in their own lawsuits, and they filed individual copyright infringement lawsuits against companies they discovered were using their software without a license.

WAVE 2

In Wave 2, Siemens filed a similar lawsuit, this time against 100 new defendants. They surprised a number of defendants with settlement numbers of $50,000+ (eventually, we learned that they were settling licenses to their software, and they actually cost that much). This second wave lawsuit “on the books” looked to be a failure because they missed a FRCP Rule 4(m) deadline to name and serve defendants. As a result, they dismissed the entire lawsuit, however, I know that they continued after the dismissal to contact accused defendants (or their attorneys) with the intention of having those accused defendants [now dismissed] purchase a license to cover their use of the Siemens PLM NX software.

WAVE 3

Now in Wave 3, I do not yet know whether these 97 John Doe Defendants are from the same pool as the earlier lawsuits were filed, or whether these are from an entirely new pool of accused infringers. However, at least the lawsuit itself (its intentions, and what to expect) are no longer a mystery.

As always, here is how an attorney should be handling a Siemens PLM software lawsuit, and how we at the Cashman Law Firm, PLLC would handle your Siemens PLM case. This has been an effective strategy in each of the various Siemens PLM lawsuits, and thus I am suggesting it again with this newest wave of lawsuits.


[CONTACT AN ATTORNEY: If you have a question for an attorney about the Siemens PLM software copyright case and options on how to proceed (even specifically for your circumstances), you can e-mail us at info[at]cashmanlawfirm.com, you can set up a free and confidential phone consultation to speak to us about your Siemens PLM case, or you can call us at 713-364-3476 (this is our Cashman Law Firm, PLLC’s number].

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.

Malibu Media Anonymous Settlement is a misnomer.

MALIBU MEDIA ANONYMOUS SETTLEMENTS, BUYER BEWARE.

The purpose of this article is to specifically discuss the prospect of a Malibu Media Anonymous Settlement. A Malibu Media lawsuit targets users based on bittorrent activities tracked over a long period of time. Malibu Media copyright infringement lawsuits are filed with a federal court, Malibu Media subpoenas are sent to ISP subscribers, and after realizing that filing a motion to quash may or may not be the best option, deciding whether to negotiate a settlement or to fight becomes the main consideration.

Malibu Media settlements themselves (not even considering a Malibu Media anonymous settlement, as we will discuss below) are very expensive — not because they ask for a lot of money for the bittorrent download of one X-art adult film, but because they ask for the settlement of EACH AND EVERY ONE OF THE MALIBU MEDIA MOVIES YOU MAY HAVE DOWNLOADED OVER THE COURSE OF YEARS.  Thus, instead of asking for a settlement of, say, $3,500 for the download of one copyrighted video (as other copyright holders do), they’ll ask for a settlement of ALL 50 MOVIES they claim you downloaded over the last three (3) years.  This article will go into the various pitfalls a defendant may face when being lured into a Malibu Media anonymous settlement.

NOTE: BEFORE READING THIS ARTICLE: If you have not already done so, and you are implicated as a John Doe in a Malibu Media, LLC lawsuit, read these first:
1) “Everything You Need To Know in One Page About Your Malibu Media, LLC (X-Art) Lawsuit [FAQ]

2) “In-Depth Malibu Media.  Their Lawsuits, Their Strategies, and Their Settlements

FOR IMMEDIATE CONTACT AN ATTORNEY: To set up a free consultation to speak to an attorney about your Malibu Media, LLC lawsuit, click here.  Lastly, please feel free to e-mail me at info [at] cashmanlawfirm.com, or call 713-364-3476 to speak to me now about your case (I do prefer you read the articles first), or to get your questions answered.

Malibu Media’s list of “movies infringed” is often INCOMPLETE (and for a reason).

If you choose to fight and defend the claims against you, Malibu Media subpoena lawsuits have ‘slick tricks’ built into their lawsuits.  They file each lawsuit alleging copyright infringement of only one (1) video, and they list (for example,) the fifty (50) videos they claim you downloaded over the years.  However, they hold back information from the court and they do not list the newest X-Art videos you have downloaded in the recent months.  Thus, if the lawsuit was filed in July, 2017 they’ll only list downloads you participated in until February, 2017.  This leaves all of the Malibu Media downloads you participated in between February 2017 – July 2017 off of the lawsuit.

Why would they do this?  Because they know that when you start fighting your case, you might dispute a number of their claims.  You might even go line-by-line and claim that they did not follow the copyright laws in protecting their rights (e.g., Malibu Media has consistently fudged the ‘publication’ requirement, as I have fought with them on this topic in the past).  Even if you tried to negotiate a Malibu Media anonymous settlement, they still anticipated a way to trick you (more on this “John Doe, subscriber having IP address XYZ” issue below).  However, whether you are right or wrong, they always keep “extra ammunition” of other Malibu Media, LLC (X-Art) titles you downloaded as a threat against you fighting them on the merits.  For example, they might say “If you argue that this list is not accurate, we actually have many more titles we believe you have downloaded — we can list these too if you would like.”

Obviously it is more complicated than this, but point being, I have seen that Malibu Media LLC lawsuits always keeps some set of information ‘off of the table,’ and they reserve this information to gain additional leverage when an inexperienced attorney tries to fight them on the line-by-line details of their case (which, by the way, is often flawed or contains copy-and-paste mistakes from other lawsuits).  This creates a dangerous situation for the accused defendant who gets lured by his attorney into a Malibu Media anonymous settlement.

Have you read enough? Book Now to get help. > > >

Malibu Media anticipated anonymous settlements and built in a way to re-sue defendants who settled (or, re-approach them and ask for more money).

Now as far as negotiating a Malibu Media anonymous settlement, Malibu Media has been ‘slick’ here too.  Their lawsuits do not implicate you, a “John Doe” defendant, who has had many IP addresses over the past few years.  Rather, they implicate only “John Doe, subscriber assigned IP address 172.2.51.244,” a John Doe defendant who has been assigned a specific IP address on one day.

SPOILER: The Malibu Media anonymous settlement settling a John Doe case (no IP address specified) is different from a Malibu Media anonymous settlement settling a John Doe, subscriber assigned IP address XYZ case.

IP addresses are assigned to internet users when their router connects their computer to the internet.  That IP address does not belong to that internet user; rather, it is “leased” to that internet user for a limited time, usually 24 hours, 48 hours, or until they reboot their modem or otherwise obtain a new IP address.  Thus, the IP address you have today might not be the same IP address you had yesterday, and so on.  Now IP addresses are pulled from a limited pool of addresses, so a particular internet service provider (“ISP”) might assign the same IP address to a customer for a few days in a row, but that IP address does not belong to that internet user.  If it did, it would be called a “static IP address” which is significantly more expensive than the residential “dynamic IP addresses” leased to residential ISP customers.

Why is this relevant to you, the person behind the John Doe, subscriber assigned IP address 172.2.51.244 title?  Because IF you settled anonymously, you would be settling as John Doe, subscriber assigned IP address 172.2.51.244, and not as the John Doe Defendant having had many IP addresses leased to him.  Thus, Malibu Media, LLC could easily take your $12,000 settlement payment, say thank you, and then sue you again under a different “John Doe, subscriber assigned IP address [SOMETHING ELSE]” for this same set of movies allegedly downloaded.  If you settled anonymously, your attorney would have ‘unwittingly’ opened you up to this problem, because John Doe subscriber assigned IP address X is a different fictitious legal entity than John Doe subscriber assigned IP address Y.  This sounds like semantics, but buyer beware.  Doing this wrong can open you up to being solicited for another settlement for downloads that were done by “another John Doe subscriber.”

In sum, beware of the settlement factory attorney who tries to convince you to settle the claims against you “anonymously.”  In a Malibu Media, LLC case, doing so is simply reckless.

Malibu Media anonymous settlement “price gouging.”

Further, negotiating a Malibu Media anonymous settlement gives the Malibu Media copyright troll attorneys an opportunity to price gouge their settlement prices.  Why?  Because an attorney who comes to them asking them to settle anonymously (without disclosing to Malibu Media the identity of the defendant) prompts the Malibu Media attorney to inquire why that defendant wants to settle anonymously.  “What does he have to hide?,” they ask.

Immediately upon learning that the accused defendant wants to settle anonymously, they recognize that the defense attorney has lost all leverage in negotiating the settlement price, and they’ll “spike” the cost of the settlement.  “Anonymous settlements come at a price,” they may say.

Malibu Media anonymous settlement
geralt / Pixabay

Attorneys Advocating “Anonymous Settlements” are Deceiving You.

Thus, it is important to understand the mechanics of a settlement before jumping to ask for an anonymous settlement.  What most accused Malibu Media defendants do not realize is that the settlements ARE ALREADY ANONYMOUS [with minimal tweaking] without the defendant having to ask for it.  A diligent attorney will negotiate a confidentiality clause into the settlement agreement (or strengthen one that is already in their boilerplate settlement agreement) to prevent their attorneys from disclosing the identity of the defendant with anyone.

This means that your attorney can (and should) put your name in the settlement agreement itself.  This avoids the entire John Doe, subscriber assigned IP address [SOMETHING] issue, because it is actually the real person (not the fictitious John Doe legal entity having a particular IP address) who is settling.

Rather than taking the effort to actually negotiate the terms of the agreement, your settlement factory attorney will try to convince you that you won’t suffer if you try to settle anonymously.

 [This not only alleviates them of the need to negotiate the terms of the agreement, but it also allows them to use their “turn key” boilerplate e-mails, which the plaintiff attorneys (who have already agreed to a pre-arranged inflated settlement price) already know and recognize, so that they can ‘spike’ the settlement amount, gouge the settling defendant, and charge higher prices.  I won’t go into the dishonest attorney issue, kickbacks, etc., as I have written about these issues before.]

Once an accused Malibu Media defendant realizes that it is okay to allow his attorney to put his name in the settlement agreement, at that point, the Malibu Media settlement agreement itself covers 1) ALL PAST ACTS OF COPYRIGHT INFRINGEMENT regarding 2) ALL OF MALIBU MEDIA’S TITLES, and based on the wording of the CONFIDENTIALITY CLAUSE in the agreement the settlement truly becomes a “Malibu Media anonymous settlement.”

Have you read enough? Book Now to get help. > > >

Let’s look into this one level deeper, just to be sure that we have also solved the other ‘slick tricks’ Malibu Media lawsuits have built into their cases.

1) “ALL PAST ACTS OF COPYRIGHT INFRINGEMENT”

Because the settlement agreement containing the name of the accused defendant (and not the so-called ‘anonymous’ fictitious John Doe entity), the settlement will cover “ALL PAST ACTS OF COPYRIGHT INFRINGEMENT.”  This means that the settlement will cover even those downloads that Malibu Media, LLC purposefully “left out” from the list of infringements filed with the lawsuit.  Further, the Malibu Media settlement agreement WILL EVEN THOSE DOWNLOADS MADE BY A “John Doe, subscriber assigned IP address” HAVING AN IP ADDRESS WHICH IS DIFFERENT FROM THE “John Doe, subscriber assigned IP address” IMPLICATED AS THE DEFENDANT IN THIS CASE.

In other words, by negotiating the terms of a Malibu Media settlement, but having the confidentiality clause protect the client’s identity, the settlement agreement having the client’s real name on it will not only be a true Malibu Media anonymous settlement, but it will also cover any other fictitious “John Doe” entity that could have downloaded any of Malibu Media movies, ever.

2) “ALL OF MALIBU MEDIA’S TITLES”

Malibu Media settlement agreements used to be very specific as to which specific Malibu Media titles were being settled, and the settlement used to cover ONLY THOSE TITLES and no other titles allegedly downloaded.  This was back when the Patrick Collins, Inc. v. John Does 1-1000 cases were still being filed.

Immediately we recognized that this limitation of the scope of the agreement to ONLY THOSE KNOWN TITLES DOWNLOADED exposed the client to multiple lawsuits for 1) Malibu Media movie titles that Malibu Media ‘slickly’ left out of their list, or 2) Malibu Media titles which their Guardaley investigators missed.  Thus today, when we negotiate a Malibu Media settlement, the settlement necessarily includes ALL PAST ACTS of copyright infringement FOR ALL OF MALIBU MEDIA’s MOVIES.

In sum, when dealing with a copyright troll such as Malibu Media, LLC, and you see that they do something innocuous such as changing the lawsuit names from “Malibu Media, LLC v. John Doe” to “Malibu Media, LLC v. John Doe, subscriber assigned IP address 214.42.955.8,” realize that THEY HAVE DONE THIS FOR A REASON.

What else can you tell me about the Malibu Media cases?

[2017 UPDATE] The best way to learn about Malibu Media, LLC is to read what happened to them as it happened.  The list of stories below (in the order I listed them) tell the Malibu Media story in a way that you will understand them.


FOR MORE INFORMATION ABOUT MALIBU MEDIA, LLC:Again, if you have been implicated as a John Doe defendant in a Malibu Media, LLC lawsuit, there are TWO (2) main articles you should read immediately:

1) “Everything You Need To Know in One Page About Your Malibu Media, LLC (X-Art) Lawsuit [FAQ],” and then

2) “In-Depth Malibu Media.  Their Lawsuits, Their Strategies, and Their Settlements.”

FOR IMMEDIATE CONTACT WITH AN ATTORNEY: To set up a free consultation to speak to an attorney about your Malibu Media, LLC lawsuit, click here.  Lastly, please feel free to e-mail me at info[at] cashmanlawfirm.com, or call 713-364-3476 to speak to me now about your case (I do prefer you read the articles first), or to get your questions answered.

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.

Venice PI LLC (not so “new” copyright troll) filing in select Carl Crowell local counsel courts.

There is a “new” copyright troll filing lawsuits with a fervor across the US named “Venice PI, LLC” (more on the word “new”; more on “across the US”).  The Venice PI lawsuits all claim $150,000 copyright infringement damages for the illegal download of the “Once Upon a Time in Venice” movie starring Bruce Willis.  ISPs are sending notices to their subscribers informing them that a Venice PI subpoena requesting their identity has been provided to them, and that they are under an order signed by a federal judge to comply, unless the subscriber files a “motion to quash” the subpoena.

ISPs sending the subpoena notices to its subscribers informing them about the Once Upon a Time in Venice movie lawsuit include CenturyLink, Comcast Xfinity, Hawaii Telecom, Optimum Online, Verizon Fios, and Time Warner Cable, depending on where you live.

As of this evening, I see lawsuits filed as early as 6/28/2017 and as recent as 7/18/2017. Once Upon a Time in Venice movie lawsuits are being filed in Texas, Indiana, New York, North Carolina, Oregon, and Washington.

…Where have we seen those list of states before?!?

Already, without even looking, I can already see based on where the lawsuits are filed that this is yet one more “common troll” set of lawsuits masterminded by Carl Crowell and his RIGHTS ENFORCEMENT entity. I bet you if I looked up the RIGHTSENFORCEMENT.com website, I’d see the “Once Upon a Time in Venice” movie listed there. Let’s look. …Yup. Bottom right, LSD style.

venice-pi-subpoena-once-upon-a-time-in-venice-movie-lawsuit Venice PI

Personally, for a Once Upon a Time in Venice movie lawsuit, I would prefer something less noisy, but you’re not reading this for my aesthetic preferences.

Have you read enough? Book Now to get help. > > >

Point being, we are dealing with Carl Crowell and his local counsel in the various states.  This means that we know not only what the lawsuits will look like (as far as which judge will allow what), but we know the plaintiff attorney who has sent the subpoenas, and their proclivities.  This means that we know which attorneys are squeamish in naming and serving defendants, which are comfortable taking the lawsuit straight into discovery, and which are “quick on the trigger,” (think, the train whistle blows before the train has left the station) meaning, which attorneys will get him or herself into trouble with a judge by not following the rules, and as a result, names and serves every John Doe Defendant.

This historical knowledge of who has done what is one reason to hire an attorney, but knowing which way to approach the lawsuit based on the proclivities of the attorney filing the lawsuit is another reason you hire an attorney.  In short, we all know that the options are FIGHT, NO-SETTLE REPRESENTATION, SETTLE (without describing each option, as I’ve done this before), and we all know that for a defendant who did not do the download, I recommend one set of options, and for someone who did do the download, I recommend another set of options.  Don’t be fooled — it’s not black and white. [SPEAK TO ME if you want my opinion on your particular case.]

Now for those who want to settle, we already have an idea of what Venice PI settlement amounts each attorney will likely ask for (their asking prices), and based on the other lawsuits filed by these attorney, we have a good idea of what settlement amounts Venice PI, LLC will accept, if you decided to settle in the first place.  Again, there is the no settlement representation, where you have me keep an open line of communication with the plaintiff attorney to demonstrate to him/her why you did not do the download, and there is also a “no settlement letter” which I write for innocent clients to stop the troll scheme cold.

In short, there is a lot of repeat here because this lawsuit contains a lot of repeat from what we’ve seen in the past with the ME2 Productions (Mechanic:Resurrection) movie lawsuits, the UN4 Productions (Undisputed 4) movie lawsuits, the Headhunter LLC (A Family Man) movie lawsuits, the WWE Studios (Eliminator) movie lawsuits, the Cook Productions (Mr. Church) movie lawsuits, etc.  Rinse, repeat, rinse repeat.

For those interested in learning more about the Venice PI LLC lawsuits, see the two links below:

Venice Pi (‘Once Upon a Time in Venice’) Movie Lawsuit Page,” written on 7/19/2017, and
All I know about the Venice Pi, LLC (‘Once Upon a Time in Venice’) Movie Lawsuits (FAQ),” written on 7/18/2017.

Have you read enough? Book Now to get help. > > >

RECENT CASE HISTORY OF THE VENICE PI SUBPOENA CASES:

VENICE PI ISP subpoenas ordered in the Texas Southern District Court
Venice PI, LLC v. Does 1-16 (Case No. 4:17-cv-02203)

VENICE PI ISP subpoenas ordered in the various North Carolina District Courts

Venice PI subpoena cases in the North Carolina Eastern District Court:
Venice PI, LLC v. Does 1-12 (Case No. 5:17-cv-00337, Case No.5:17-cv-00333)
… v. Does 1-11 (Case No. 5:17-cv-00334)
… v. Doe 1 et al (Case No. 5:17-cv-00340, Case No. 5:17-cv-00339, Case No. 4:17-cv-00089)

Venice PI subpoena cases in the North Carolina Middle District Court:
… v. DOES 1-11 (Case No. 1:17-cv-00611)
… v. DOES 1-18 (Case No. 1:17-cv-00610)

Venice PI subpoena cases in the North Carolina Western District Court:
… v. Does 1-10 (Case No. 3:17-cv-00409, Case No. 1:17-cv-00170)

VENICE PI ISP subpoena ordered in the New York District Courts
Venice PI, LLC v. Doe et al (Case No. 1:17-cv-04076, 1:17-cv-04249, 1:17-cv-04904)

VENICE PI ISP subpoenas ordered in the Oregon District Court
… v. Doe-73.96.114.240 (Case No. 3:17-cv-01002)
… v. Doe-71.59.242.118 (Case No. 3:17-cv-01001)

VENICE PI ISP subpoenas ordered in the Indiana Northern & Southern District Courts
… v. Doe 1 et al (Case No. 2:17-cv-00284, Case No. 2:17-cv-00285, Case No. 1:17-cv-02274, Case No. 1:17-cv-02328)

VENICE PI ISP subpoenas ordered in the Colorado District Court
… v. Doe 1 et al (Case No. 1:17-cv-01664)

VENICE PI ISP subpoenas ordered in the Hawaii District Court
… v. Doe 1; et al. (Case No. 1:17-cv-00335)

VENICE PI ISP subpoenas ordered in the Washington Western District Court
Venice PI LLC v. Doe 1 et al (Case No. 2:17-cv-01076, Case No. 2:17-cv-01075, Case No. 2:17-cv-01074, Case No. 2:17-cv-00988, Case No. 2:17-cv-00990, Case No. 2:17-cv-00991)


FOR IMMEDIATE CONTACT WITH AN ATTORNEY: To set up a free consultation to speak to an attorney about your matter, click here.  Lastly, please feel free to e-mail me at info@cashmanlawfirm.com, or call 713-364-3476 to speak to me now about your case (I do prefer you read the articles first), or to get your questions answered.

CONTACT FORM: Alternatively, sometimes people just like to contact me using one of these forms.  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.

…OR, SKIP TO THE APPOINTMENT…

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.

RIGHTSENFORCEMENT – New Movie Titles (July 2017 Update)

RIGHTS ENFORCEMENT still obtaining new movie company copyrights to “enforce.”

Yesterday, while researching the new Headhunter, LLC North Carolina bittorrent-based copyright infringement cases, I checked back on Carl Crowell’s  RIGHTSENFORCEMENT.com website to look to see whether “A Family Man (2016)” belonged to Crowell’s “common troll” entity, and I was surprised to see that  a whole slew of new movies are now listed on their “client” list.

To learn more about RIGHTS ENFORCEMENT and everything I know about them to date, click here.

New RIGHTSENFORCEMENT.com Movies

NOTE: The last time I wrote about RIGHTS ENFORCEMENT and Carl Crowell’s new production company clients was in the “RIGHTSENFORCEMENT, New Movie Lawsuits” Article, written on 4/28/2017.

Here is a list of the new movies I’ve “spied” on their website:

july-rightsenforcement-new-movie-copyright-trolls-1

  • This Beautiful Fantastic
  • Black Butterfly
  • Rupture
  • In Dubious Battle
  • HopeLost
  • Beyond the Sun
  • Arctic Justice (Thunder Squad)
  • All Road Lead to Rome

july-rightsenforcement-new-movie-copyright-trolls-2

july-rightsenforcement-new-movie-copyright-trolls-3

july-rightsenforcement-new-movie-copyright-trolls-4

  • Playing it Cool
  • The Company You Keep
  • The Destination
  • Secret Scripture
  • Once Upon a Time in Venice,

…AND OTHER MOVIE TITLES I HAVE ALREADY WRITTEN ABOUT.

What does this mean to an internet user who has downloaded or streamed this movie using bittorrent, Popcorntime, and/or some other “free” streaming service?

What this means is that they are hard at work contacting production companies / copyright holders for newer movies (a.k.a., “floppers) which have not done so well in the theaters.  They convince these companies to license the rights to “enforce” that movie company’s copyrights (think, sue in a “copyright troll” lawsuit looking for settlements).  Then they have their local counsel file “John Doe” lawsuits in select federal courts (where the judges are friendly to them, or where the lawsuits are otherwise profitable).

What will happen to me if I have been caught downloading one of these films?

Honestly, at the moment, likely nothing, at least not yet.  There are two ways that Carl Crowell and his team of local attorneys across the US have been enforcing their client’s copyrights.

  1. By sending a DMCA notice directly to the accused downloader through the ISP.  Here, the DMCA notice directs the accused downloader to visit the Rightsenforcement.com website, and pay a settlement for each title allegedly downloaded or streamed using bittorrent, Popcorntime, and (yes, I have heard about this too, but I do not yet understand the mechanics of it), KODI on an Amazon Fire TV Stick.
  2. By filing a copyright infringement lawsuit for $150,000 statutory damages against a set of “John Doe” defendants who were each accused of uploading and/or downloading a particular movie using bittorrent (or an app like Popcorntime which still uses bittorrent to stream movies to its users).

What is the relevance that this list of movies is changing?

The fact that the list of movies is changing means that there are now new copyright holder production companies who have “signed on” to the business model of copyright trolling.  Politics and policy aside, this means that the copyrights on these movies (and the infringement, or the illegal downloading, uploading, duplication, and/or streaming of these movies without a license) will be the subject of future lawsuits.

If you look lower down on the RIGHTSENFORCEMENT.COM client list, you will see titles such as “Dallas Buyers Club,” “Mr. Church,” “The Cobbler,” “Cell,” “Fathers and Daughters,” “I.T.,” “Mechanic: Resurrection,” “Septembers of Shiraz,” “Survivor,” “Automata,” “London Has Fallen,” “Criminal,” “Eliminators,” and more recently, “Undisputed 4,” and “A Family Man.”  Each of these movies have been (and continue to be) the subjects of copyright infringement lawsuits across the federal courts in the U.S.

Expect these new movies to be subjects of coming lawsuits as well.

North Carolina Headhunter Subpoenas Are Due On 8/5.

North Carolina Headhunter Subpoena-based Cases

In June, 2017, our Cashman Law Firm, PLLC had its first glimpse of the North Carolina Headhunter, LLC subpoenas.  Seeing their connection to Carl Crowell’s RIGHTS ENFORCEMENT company, we immediately created a Headhunter Productions FAQ page which addressed the NC Headhunter subpoenas.  The ‘copyright troll’ attorney who filed the NC Headhunter cases is Kathleen Lynch (“Kathleen Maher Lynch”), of Lynch Van Sickle, PLLC in Cary, North Carolina.  If this is the first time you are seeing her law firm’s name and you do not recognize a copyright troll, you are not looking carefully.

Now the name “Kathleen Lynch” might not mean anything to you yet, but if you look at her “Lynch Van Sickle, PLLC” law firm, this might jog your memory of R. Matthew Van Sickle (a.k.a. Ross Matthew Van Sickle) of the I.T. Productions North Carolina lawsuits.  The new law firm name is slightly different (Van Sickle Law, PC [then] vs. Lynch Van Sickle, PLLC [now]), but the ugly troll rears his head.  In other words, looking at Van Sickle’s involvement in this new copyright troll, we must suspect that we are dealing with a RIGHTS ENFORCEMENT copyright troll, and… [checking Carl Crowell’s RightsEnforcement website] vwallah!

A Family Man, Headhunter, LLC ISP subpoena lawsuit | Notice of Subpoena For Records

NC Headhunter Subpoena Cases – This is Wave 1 (July, 2017)

Even though the Headhunter, LLC copyright troll is new and pink, we already understand the strategies of the common troll entity behind the scenes.  Understanding that Matt Van Sickle is Kathleen Lynch’s partner in these lawsuits, now we have an idea of how these cases will unfold because we know the proclivities of the copyright troll lawyers behind the scenes.

We are suggesting that those accused of being a John Doe Defendant in any of the NC Headhunter cases to read the Headhunter Productions Subpoena FAQ, which we posted on our law firm’s website.

[CONTACT AN ATTORNEY: If you have a question for an attorney about the Headhunter, LLC cases and options on how to proceed (even specifically for your case), you can e-mail us at info[at]cashmanlawfirm.com, you canset up a free and confidential phone consultation to speak to us about your Headhunter, LLC case, or you can call us at 713-364-3476 (this is our Cashman Law Firm, PLLC’s number].

Why do we believe a common troll entity is behind the new Headhunter, LLC cases?

[RECAP: Seeing Matt Van Sickle’s name, I immediately realized that we were likely dealing with a common troll entity.  It took 5 seconds to visit Carl Crowell’s RightsEnforcement.com website and see that the “A Family Man” movie was explicitly listed as one of their clients.  This confirmed my suspicion that we were dealing with yet one more common troll entity set of lawsuits.]

I understand that a common troll entity licenses the rights from movie production companies to “enforce” the copyrights for that company.  Here, they approached the production company who filmed and copyrighted the “A Family Man (2016)” movie, and they licensed the rights to enforce (think, sue) the copyrights owned by this production company.  Hence the Headhunter settlement extortion scheme lawsuits were born.

Have you read enough? Book Now to get help. > > >

Where are we in the timeline of the Headhunter, LLC cases?

The first wave of Headhunter, LLC cases were filed in June, 2017.  North Carolina federal judges appear to have rubber-stamped these new lawsuits, just as they have done with past bittorrent-based copyright infringement cases.

Headhunter attorney Kathleen Maher Lynch (armed with orders from the NC federal judges) sent subpoenas to AT&T U-verse subscribers, and AT&T subpoena notices (called “Notice of Subpoena for Records”) were sent to the ISP’s subscribers who were implicated in the NC Headhunter lawsuits.  These subpoena notices were all sent by AT&T’s “GLOBAL LEGAL DEMAND CENTER.”

NEXT: NC HEADHUNTER, LLC SUBPOENAS DUE ON AUGUST 5TH, 2017.

*The first wave of NC Headhunter, LLC subpoenas ALL appear to be DUE IN AUGUST, 8/5.*

This means that unless an accused defendant wishes to file a motion to quash the subpoena, AT&T is under a duty to hand over the names of the subscribers accused of being John Doe Defendants in these North Carolina Headhunter, LLC cases.

However, it must be noted that the 8/5 deadline is merely the deadline that AT&T U-verse has given their subscribers.  Chances are that they will provide the names of the subscribers implicated in the North Carolina Headhunter, LLC subpoenas at some future date (as listed on the subpoena itself).

To see the actual deadline by when your AT&T U-verse ISP must hand out your information to the NC Headhunter, LLC attorney, check the subpoena itself included in the packet you received from your ISP.

[CONTACT AN ATTORNEY: If you have a question for an attorney about the Headhunter, LLC cases and options on how to proceed (even specifically for your case), you can e-mail us at info[at]cashmanlawfirm.com, you canset up a free and confidential phone consultation to speak to us about your Headhunter, LLC case, or you can call us at 713-364-3476 (this is our Cashman Law Firm, PLLC’s number].

RESOURCES:

EVERYTHING YOU NEED TO KNOW IN ONE PAGE ABOUT YOUR HEADHUNTER, LLC “A FAMILY MAN” LAWSUIT AND ISP SUBPOENA (FAQ).

Have you read enough? Book Now to get help. > > >

What are your options in defending or resolving claims in a Headhunter, LLC North Carolina-based case?

If you have read this far, you are likely one of the John Doe Defendants in this case, and thus here are your options on how our Cashman Law Firm, PLLC (or any other competent copyright litigation attorney) can help you in this case.

OPTION 1: FIGHT

In this option, your attorney would fight this case on your behalf. Since the Headhunter, LLC scam has been exposed through the past lawsuits of their parent entities, the inherent weaknesses in Kathleen Lynch’s case are now well known. This option is more expensive than the other options, but it is probably the most satisfying option when you win and ask for attorney fees from Headhunter, LLC.

OPTION 2: SETTLEMENT NEGOTIATIONS

Settlement negotiations does not mean that you downloaded the movie or that you are guilty of copyright infringement. Rather, it simply means that you want to pay to have the plaintiff attorney dismiss you from the lawsuit. This option can be used by both ‘guilty’ and ‘innocent’ defendants. While I do not recommend an innocent defendant pay ANYTHING to settle the claims against him, I do not judge defendants when they choose this option.

OPTION 3: “NO SETTLEMENT REPRESENTATION”

This is the discounted “no settlement” representation route that I discussed here. In the span of 2-3 hours, I would consult with the client, send over a letter of representation to the plaintiff attorney (to stop him from contacting the client directly). I would then draft a letter to the plaintiff explaining that my client did not do the download, and that we are not interested in anything other than a walkaway settlement, meaning that my client pays no settlement. The purpose of this representation is to put Kathleen Lynch on notice that my client is not the infringer she is looking for.

OPTION 4: “IGNORE” ROUTE REPRESENTATION

The ignore route is best described as ‘playing chicken.’ I best described the “ignore” route, and how it differs from the “no settlement representation” route here. The assumption with the “ignore” route is that Kathleen Maher Lynch is not yet naming and serving defendants in this case, so you would hire our Cashman Law Firm, PLLC to monitor the case for you. We would send over a letter of representation indicating that we are representing you in the case, but we would not engage in settlement negotiations.

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The intended client for the ‘ignore’ route is the innocent client that wishes to have a more ‘hands on’ engagement with their case over the “no settlement” representation letter route, where their attorney is actively monitoring the case and having active discussions with the plaintiff attorney. Both ‘guilty’ and ‘non-guilty’ defendants can utilize the “ignore” route, as this option is adjustable based on the circumstances of the client. If Kathleen Lynch decides to start naming and serving defendants, a ‘guilty’ client would likely have me open up settlement negotiations on his behalf, whereas a non-guilty client would instruct me to not settle and adhere to the ‘ignore’ strategy. Obviously getting named and served while in this strategy would be cause to decide whether to shift strategies to the “fight” or “settle” strategy, which is fine.

OPTION 5: ARGUE “MINIMUM STATUTORY DAMAGES” REPRESENTATION

I discussed the “argue minimum statutory damages” representation option in this article. The purpose of this option is to take the settlement negotiations away from a misbehaving plaintiff attorney. Instead of negotiating a settlement (where the plaintiff is asking for too much money), we would file an answer with the court admitting infringement, and we would then make the case for the judge to award minimum statutory damages of $750.

The intended client for the “minimum statutory damages” representation route is a client who did the download and either does not want to go through settlement negotiations, or who wants to take settlement negotiations out of the hands of the plaintiff attorney / copyright troll and leave the damages up to the judge to decide. Obviously since we are admitting guilt in this option, it is appropriate for the client to have done the download to use this strategy.

However you decide to proceed, if I can be of assistance or answer any questions about your Headhunter, LLC North Carolina case, please let me know.

[CONTACT AN ATTORNEY: If you have a question for an attorney about the Headhunter, LLC cases and options on how to proceed (even specifically for your case), you can e-mail us at info[at]cashmanlawfirm.com, you canset up a free and confidential phone consultation to speak to us about your Headhunter, LLC case, or you can call us at 713-364-3476 (this is our Cashman Law Firm, PLLC’s number].

LIST OF RECENT NORTH CAROLINA HEADHUNTER, LLC AT&T SUBPOENA LAWSUITS

Below is the list of NC Headhunter lawsuits filed between 6/16-6/30:

Filed within the North Carolina Eastern District Court:
Headhunter, LLC v. Does 1-9 (Case No. 5:17-cv-00310)
Headhunter, LLC v. Does 1-10 (Case No. 2:17-cv-00029)
Headhunter, LLC v. Doe 1 et al (Case No. 5:17-cv-00318)
Headhunter, LLC v. Does 1-9 (Case No. 5:17-cv-00296)
Headhunter, LLC v. Does 1-11 (Case No. 5:17-cv-00325)

Filed within the North Carolina Middle District Court:
HEADHUNTER, LLC v. DOES 1-8 (Case No. 1:17-cv-00545)

Filed within the North Carolina Western District Court:
Headhunter, LLC v. Does (Case No. 3:17-cv-00342)

WHERE ELSE IS HEADHUNTER, LLC FILING THEIR LAWSUITS (OUTSIDE OF N.C.)?

NY:
Headhunter LLC v. Doe-69.124.0.132 et al (Case No. 1:17-cv-04155)
Headhunter LLC v. Doe-173.56.227.169 et al (Case No. 1:17-cv-05314)

OR:
Headhunter, LLC v Doe-71.236.186.17 (Case No. 3:17-cv-00901)
Headhunter, LLC v. Doe-50.53.158.186 (Case No. 3:17-cv-00900)

PA:
HEADHUNTER, LLC v. JOHN DOES 1-11 (Case No. 2:17-cv-02986)
HEADHUNTER, LLC v. JOHN DOES 1-10 (Case No. 2:17-cv-02985)

VA:
Headhunter, LLC v. Doe-73.191.98.246 (Case No. 1:17-cv-00793), and

WA:
Headhunter, LLC v. Doe 1 et al (Case No. 2:17-cv-00987)

[CONTACT AN ATTORNEY: If you have a question for an attorney about the Headhunter, LLC cases and options on how to proceed (even specifically for your case), you can e-mail us at info[at]cashmanlawfirm.com, you canset up a free and confidential phone consultation to speak to us about your Headhunter, LLC case, or you can call us at 713-364-3476 (this is our Cashman Law Firm, PLLC’s number].

CONTACT FORM: If you have a question or comment 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.