Category Archives: Dallas Buyers Club LLC

Will the same attorneys suing in multiple movie lawsuits ask you to pay settlements for both HB Productions & Fallen Productions Lawsuits?

Be warned that settling the Fallen Productions Inc. (or HB Productions Inc.) ISP subpoena-based lawsuits might result in the plaintiff attorney asking you to pay for additional settlements for other movies your accused IP address downloaded on other dates using bittorrent.

[Also be warned that if you hire a “settlement factory” defense attorney, chances are high that in their attempt to streamline the settlement process, you will not only pay a settlement for the “Angel Has Fallen” movie (or the “Hellboy” movie, or whatever movie is behind that particular copyright infringement lawsuit), but you may also end up having to pay for EACH AND EVERY OTHER MOVIE you may have downloaded over the past few years (assuming “tongue-in-cheek” for a moment that this same plaintiff attorney is representing the other movie companies as well).]

I am about to claim (again, 3 years later) that the same set of attorneys are behind all of the movie lawsuits filed in the US (and that each of these attorneys are working for the same common copyright troll entity), and I have proof.

How is it that the same set of plaintiff attorneys are filing ALL the movie lawsuits?

In 2017, I spent a lot of time making known that the movie-based bittorrent cases were all being run by the same people behind the scenes. It was too coincidental that the same “copyright troll” attorneys were attracting every single movie company to be “their” client. 

[Rather, it is more plausible that there is a large entity who moves within the circles of the large movie producers and has the ear of the production companies.  Thus, when there is (yet) a(nother) movie that flops, they suggest that this movie production company use their services and sue downloaders of the film to re-coup losses from their failed movie. 

At one point, I thought it was the MPAA itself which was the entity behind the scenes.  Within the context of this “bigger” entity, the plaintiff attorneys filing the lawsuits in each state are merely “cogs” in the wheel of this larger entity.]

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Logic: Using the example of ONE attorney in one state.

Let’s elaborate using logic.  If ONE plaintiff attorney in one particular state has become the ONLY ATTORNEY who files ALL of the movie lawsuits, then this plaintiff attorney must either be a MARKETING GENIUS by achieving this monopoly (meaning, the plaintiff attorney is 100% successful in attracting every one of the new movie lawsuits AND has been 100% successful in excluding EVERY OTHER ATTORNEY from filing movie lawsuits in that particular state)…

…Or (more likely,) there are a group of insiders or [there is] a single entity behind the scenes [with a reputation among the movie production companies] which actively sells their services to each of the movie companies — [offering to sue every downloader for copyright infringement]. 

Each attorney filing in each state’s federal court is working for this same “common copyright troll” entity which provides them with the instructions to sue defendants accused of downloading their client’s copyrighted movie titles. 

Based on my observations over the years, the SAME plaintiff attorneys represent the SAME movie companies in EVERY STATE. 

In other words, these plaintiff attorneys in every state are working for a common copyright troll entity working behind the scenes.  But who is this common copyright troll entity?  Thinking logically that the MPAA is too-big-of-an-entity to cause such mischief, after some searching, in 2017, I found a company named “Rights Enforcement” (found at RightsEnforcement.com) being run by “Carl Crowell, a one-man police force for Hollywood studios.

[As of writing this article, Rights Enforcement has since changed its name].

An Example of Copyright Trolls Hiding Their Activities: Carl Crowell and RightsEnforcement.com

It was further proof at the time that there was a copyright troll [at the time, Carl Crowell, owner of RightsEnforcement.com (RightsEnforcement website *now taken down or changed to some other name I am not yet aware of*)] who was [at the time] posting each of the movies on their websites only to have those exact movies be the movies that were used to sue accused downloaders across the US.

Below is an image taken from the now defunct RightsEnforcement.com website:

hb-productions-fallen-angel-productions-carl-crowell-guardaley-connection

NOTE: It appears to me that Rights Enforcement (an impossible name to find on a Google Search) was the website that was used to sell Carl Crowell’s “Hire us and we’ll sue [for you] internet users who have downloaded your copyrighted films.” The RightsEnforcement.com website’s last update was in July, 2017 when they updated the list of movies. However, RightsEnforcement.com has since been removed and their domain abandoned.

You might think this means that they went out of business, but really, based on my own research, it appears as if they did not want people to be aware of their activities. In other words, the RightsEnforcement.com website was meant to be hidden from people like you and me, and our articles brought too much exposure to what they were doing.

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As you can see below, Carl Crowell and RightsEnforcement.com even took steps to hide their footsteps by excluding their website history from archive.org’s “Way Back Machine.”

settlements-hb-productions-fallen-productions Wayback Machine RightsEnforcement

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Returning to the HB Productions, Inc. (“Hellboy”) and Fallen Productions, Inc. (“Angel Has Fallen”) lawsuits, I have reason to believe that these two “shell” production companies are yet TWO MORE companies affiliated with Carl Crowell, Rights Enforcement (whatever name they go by now), and Guardaley (the German entity probably behind even Carl Crowell).  

It was surprising to see that so many of the “common copyright troll” entity’s clients showed up as co-plaintiffs… suing TOGETHER in ONE copyright infringement lawsuit.

Plaintiff Attorney in Hawaii Just Sued Defendants for Multiple Movies Downloaded (including HB Productions Inc. & Fallen Productions Inc.).

Call this all a conspiracy theory, but then notice which copyright holders have just sued defendants TOGETHER IN ONE LAWSUIT filed by Kerry Culpepper in the Hawaii District Court:

fallen-productions-angel-has-fallen-hb-productions-hellboy-isp-subpoena-movie-lawsuit-common-troll

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Is it ANY COINCIDENCE that Kerry Culpepper (the plaintiff attorney for the Fallen Productions Inc. and the HB Productions Inc. ISP subpoena based lawsuits) is also suing defendants for the bittorrent download of these other movies as well? …in the SAME LAWSUIT?

settlements-hb-productions-fallen-productions Common Troll HB Productions & Fallen Productions

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Do you think if you were sued for just one title… and the plaintiff attorney has reason to know that the IP address [that you were assigned from your ISP] was also seen downloading these other movies, do you think that you will also be asked to settle the claims against you for these other movies too?

settlements-hb-productions-fallen-productions Common Troll HB Productions & Fallen Productions

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Have Movie Companies Taken a Lesson [to ask for multiple settlements] from the Porn Industry Strike 3 Holdings LLC & Malibu Media LLC Lawsuits?

Strike 3 Holdings LLC and Malibu Media LLC (both pornography-based lawsuits) found a way to force accused adult film downloaders to not only settle the claims against them for one copyrighted movie downloaded, but in every lawsuit, they now ask for settlements for each and every copyrighted title ever downloaded by that internet user.

Do you think that the plaintiff attorneys behind the Fallen Productions Inc. “Angel Has Fallen” movie John Doe lawsuits (or the HB Productions inc. “Hellboy” movie John Doe lawsuits) won’t also ask for settlements from other movies they also believe that you downloaded in the past?

settlements-hb-productions-fallen-productions Common Troll HB Productions & Fallen Productions

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[Remember, copyright infringement gives the copyright holder *THREE YEARS* from the alleged date of infringement to file a copyright infringement John Doe lawsuit against you for the bittorrent-based download of that copyrighted movie.]

How many times are you willing to settle the claims against you?

In sum, most plaintiff attorneys have been trying to hide on the court’s dockets that they are suing for one video, but asking for settlements for other titles allegedly downloaded by that same downloader. Kerry Culpepper in Hawaii has demonstrated that there is an explicit link between these copyright holders by suing defendants for the download of each of these copyright holders’ copyrighted movie titles.

DO YOU REALLY THINK THAT HIRING A SETTLEMENT FACTORY ATTORNEY TO SETTLE ONE TITLE CLAIMED AGAINST YOU WILL KEEP YOU OUT OF TROUBLE WHEN THAT SAME COPYRIGHT ATTORNEY LATER ASKS FOR MORE SETTLEMENTS FOR “OTHER TITLES DOWNLOADED?”

…How many times can you afford to settle a copyright claim against you? How many titles can you afford to pay to settle?

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Misleading HB Productions Inc. & Fallen Productions Inc. Filings?

Thus far, these are the HB Productions Inc. and Fallen Productions Inc. that have been filed… each alleging ONLY the download of ONE title. Deceptive? Have the plaintiff attorneys in these cases disclosed the REAL INTERESTED PARTY or is the common-troll hoax still trying to be hidden?

HB Productions ISP subpoenas ordered in the Illinois Northern District Court:

HB Productions, Inc. v. Does 1-20 (Case No. 1:19-cv-07511)
HB Productions, Inc. v. Does 1-26 (Case No. 1:19-cv-07159)
HB Productions, Inc. v. Does 1-20 (Case No. 1:19-cv-07512)
HB Productions, Inc. v. Does 1-21 (Case No. 1:19-cv-07161)
HB Productions, Inc. v. Does 1-25 (Case No. 1:19-cv-07508)
HB Productions, Inc. v. Does 1-25 (Case No. 1:19-cv-07002)
HB Productions, Inc. v. Does 1-19 (Case No. 1:19-cv-07005)
HB Productions, Inc. v. Does 1-23 (Case No. 1:19-cv-07513)
HB Productions, Inc. v. Does 1-24 (Case No. 1:19-cv-07157)
HB Productions, Inc. v. Does 1-23 (Case No. 1:19-cv-07163)
HB Productions, Inc. v. Does 1-26 (Case No. 1:19-cv-07003)
HB Productions, Inc. v. Does 1-23 (Case No. 1:19-cv-07514)
HB Productions, Inc. v. Does 1-21 (Case No. 1:19-cv-07160)
HB Productions, Inc. v. Does 1-21 (Case No. 1:19-cv-07004)
HB Productions, Inc. v. Does 1-22 (Case No. 1:19-cv-07006)

HB Productions ISP subpoenas ordered in the Nevada District Court:

HB Productions, Inc. v. Doe Defendants 1-5 (Case No. 2:19-cv-01849)

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Fallen Productions ISP subpoenas ordered in the Illinois Northern District Court:

Fallen Productions, Inc. v. Does 1-27 (Case No. 1:19-cv-08339)
Fallen Productions, Inc. v. Does 1-29 (Case No. 1:19-cv-08343)
Fallen Productions, Inc. v. Does 1-28 (Case No. 1:19-cv-08340)
Fallen Productions, Inc. v. Does 1-29 (Case No. 1:19-cv-08341)
Fallen Productions, Inc. v. Does 1-31 (Case No. 1:19-cv-08342)
Fallen Productions, Inc. v. Does 1-24 (Case No. 1:20-cv-00367)
Fallen Productions, Inc. v. Does 1-24 (Case No. 1:20-cv-00369)
Fallen Productions, Inc. v. Does 1-23 (Case No. 1:20-cv-00374)
Fallen Productions, Inc. v. Does 1-24 (Case No. 1:20-cv-00371)
Fallen Productions, Inc. v. Does 1-24 (Case No. 1:20-cv-00368)

Fallen Productions ISP subpoenas ordered in the Hawaii District Court:

Fallen Productions, Inc. et al v. Beasor et al (Case No. 1:20-cv-00004)
Fallen Productions, Inc. et al v. DOE (Case No. 1:20-cv-00033)

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In sum, understand from this article the dynamics of who is really suing you.

In sum, just be careful when dealing with any of these movie company lawsuits.  Chances are that each movie lawsuit is filed by the same attorney who is filing other movie lawsuits, and because there is a “common copyright troll” between the various lawsuits, there is a mechanism for them to look up your accused IP address and check to see whether you have downloaded any of their “other clients’ copyrighted titles.” 

If you as a defendant are unaware of this fact, or if you are an attorney who is purposefully blind to this fact (this is one of my big problems with “settlement factory” defense attorneys), then you expose yourself (or you expose your client) to additional claims of copyright infringement while that plaintiff attorney seeks to solicit additional money for additional titles allegedly downloaded… just after you (or your client) paid them thousands of dollars to settle the claims asserted in the lawsuit.

Obviously I am simplifying here greatly (and not all attorneys ask for additional settlements), but for what it is worth, understanding the dynamics of who is suing you and where they received your information is very important when deciding how to approach the defense of your case… especially when you seek to settle one claim of copyright infringement and that plaintiff attorney claims that you downloaded four other titles belonging to “his” clients.


[CONTACT AN ATTORNEY: If you have a question for an attorney about the Fallen Productions, Inc. 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 Fallen Productions, Inc. 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.

Did ME2 Attorney Fischman disclose real Interested Parties?

In the Texas Federal District Court (as of 2017), I am working on defense research for five (5) copyright infringement / bittorrent “John Doe” lawsuits affiliated with the Guardaley / Carl Crowell.  In a ME2 case, ME2’s local counsel Gary Fischman was ordered by Judge Keith P. Ellison to disclose “all interested parties” to the lawsuit, and this is the subject of this article.

Texas cases I am actively working on (filed after 1/1/2017):
ME2 Productions, Inc. v DOES (Case No. 4:17-cv-00695)
ME2 Productions, Inc. v. DOES (Case No. 4:17-cv-00275)
ME2 Productions, Inc. v. DOES (Case No. 4:17-cv-00501)
ME2 Productions, Inc. v. Does 1-12 (Case No. 4:17-cv-00404)
I.T. Productions, LLC v. DOES (Case No. 4:17-cv-00597)
and, the Siemens PLM v. Does 1-100 software piracy case and multiple Malibu Media, LLC cases (both outside the scope of this article).

WHY IS IT IMPORTANT TO KNOW WHO HAS A FINANCIAL INTEREST IN A COPYRIGHT INFRINGEMENT LAWSUIT?

The reason it is important to know who has a financial interest in these lawsuits is because I need to know 1) whether the corporate entity that is suing has the authority to sue, and 2) whether the corporate entity filing the lawsuit is the same entity that holds the copyright to the movie allegedly infringed in the lawsuit.

If the corporate entity (here, ME2 Productions, Inc.) does not have the authority to sue, or if it is not the true copyright holder (but some entity that licensed the rights to make money for the copyright holder based on the copyright rights granted to the true copyright holder to the “Mechanic:Ressurection” movie), the plaintiff might lose the lawsuit or even get sanctioned for not disclosing the true parties who are interested in the outcome of the lawsuit by alleging in a document like this one (link) that they had the right to sue when in fact they did not.

WHY AM I SUSPECT THAT MAYBE THE PARTY SUING MIGHT NOT HAVE COPYRIGHT RIGHTS TO SUE?

The only way a plaintiff can sue for STATUTORY DAMAGES OF $150,000 FOR COPYRIGHT INFRINGEMENT is if they have a valid copyright to the movie title allegedly being infringed (or, downloaded using bittorrent or Popcorn Time).  If they do not own the copyright but only the right to monetize, the plaintiff may only be entitled to ACTUAL DAMAGES, NOT STATUTORY DAMAGES.

In a bittorrent “John Doe” lawsuit, the actual damages are really the cost to purchase a copy of the infringed movie (~$30 for the DVD), or perhaps $8 for the movie ticket if the movie is still in theaters.  The law only gives STATUTORY DAMAGES OF $150,000 to plaintiffs who have a valid copyright at the time of the lawsuit.

So here is why I am suspect that maybe ME2 Productions, Inc. might not be the holder of a valid copyright:  We know from the Dallas Buyers Club, LLC lawsuits (when the real Dallas Buyers Club copyright holder sued Voltage Pictures, Inc. for not paying settlement moneys owed to them) that there was an entity (Voltage Pictures) that purchased the rights to monetize Dallas Buyer’s Club’s intellectual property (the right to use the Dallas Buyer’s Club name, the right to sue, etc.)  Voltage then turned around and set up an entity called “Dallas Buyers Club, LLC” and sued hundreds of John Doe Defendants using that name.

Little did we know at the time that the Dallas Buyer’s Club plaintiff was not the Dallas Buyer’s Club copyright holder, and the copyright troll plaintiff entity was merely masquerading as the Dallas Buyers Club copyright holder.

WHY ARE THE DALLAS BUYERS CLUB LAWSUITS RELEVANT TO ME2 PRODUCTIONS CASES?

The common thread behind the Dallas Buyer’s Club lawsuits and most copyright infringement lawsuits filed today is a german company called Guardaley (a.k.a. IPP).  It is not relevant that Guardaley’s bittorrent tracking methods have been ruled not credible by the German courts; they have been wreaking havoc on US courts since 2012.  Guardaley (as far as I understand) has been behind the scenes of each and every ‘copyright troll’ lawsuit filed in the federal courts.  And, after April 2016, they have reportedly signed an agreement with Carl Crowell (a known copyright troll attorney, but more importantly, likely the mastermind behind each of the ‘copyright troll’ lawsuits filed by local attorneys across the US).

Carl Crowell’s connection to ME2 Productions, Inc. is that they are his client.  I can demonstrate this connection by looking at his new DMCA scare letter scheme entity, “Rights Enforcement”.  If you look at the Crowell’s client list (as described by Torrentfreak), you will see that Mechanic:Resurrection (the movie behind the ME2 lawsuits) is one of Carl Crowell’s clients.  (Carl Crowell himself is also a known ‘copyright troll’ where he has filed ME2 lawsuits against John Doe Defendants in Oregon.)

RIGHTSENFORCEMENT.com screenshot with ME2 outlined.
Screenshot from Carl Crowell’s RIGHTSENFORCEMENT.com website, with Mechanic:Resurrection outlined.

Thus, naturally, I am suspect to each of ME2 Productions, Inc.’s other lawsuits in other states, here, Texas, because as the apparent puppetmaster behind the various ME2 Productions, Inc. lawsuits filed across the US, I must assume he has a financial interest in the outcome of this Texas lawsuit filed by Gary Fischman.

WHO DID ATTORNEY FISCHMAN SAY HAS A FINANCIAL INTEREST IN THE ME2 BITTORRENT LAWSUITS?

In the filing, Gary Fischman noted that the following three entities has a financial interest in the ME2 Productions, Inc. cases:

  • ME2 Productions, Inc.
  • A&T IP, Inc., and
  • Fischman Law, PLLC

ME2 Productions, Inc. might be the actual copyright owner, or it is possible that they are an entity that was set up for the purpose of monetizing the copyright rights granted to the actual copyright holder, the owner of the Mechanic:Resurrection movie.

A&T IP, Inc. is an enigma to me.  I do not know who they are, where they are incorporated, and who the beneficiaries are of this entity.

UPDATE: DieTrollDie suggests that perhaps A&T IP, Inc. is actually the Anti-Piracy Management Co (APMC).

DTD Twitter Screenshot Suggesting A&T IP, Inc. is APMC.
DieTrollDie suspects that A&T IP, Inc. is really the Anti-Piracy Management Co. (APMC).

Fischman Law, PLLC is curious in and of itself for reasons outside the scope of this article.  Naturally, it could be explained that Gary Fischman as the attorney suing on behalf of ME2 will benefit (e.g., commissions from settlements received, possibly fees from the copyright holder or the Crowell / Guardaley entity itself for time spent prosecuting these cases).  However, I suspect the link goes slightly deeper, as his partner for a number of the Guardaley lawsuits, Joshua Wyde, listed himself as a witness in the lawsuit (something that is generally not done).  So there may be more to the eye here, but not relevant to this article.

Here is a link to the actual document filed with the court:

021017 ME2 417-cv-00404 – Doc6 – Certificate of Interested Parties by ME2

MY FINAL QUESTIONS

Looking at all of this information together, I am left with the following questions.

  1. WHERE IS GUARDALEY (IPP) AS AN INTERESTED PARTY IN THIS CASE?
  2. WHY IS CARL CROWELL NOT LISTED AS AN INTERESTED PARTY IN THIS CASE, OR IS HE [AND GUARDALEY] SOMEHOW WRAPPED UP IN THAT “A&T IP, INC” ENTITY?
  3. IS ME2 PRODUCTIONS, INC. THE SAME LEGAL ENTITY THAT OWNS THE COPYRIGHT TO THE MECHANIC:RESURRECTION MOVIE, OR ARE THEY SOME OTHER ENTITY THAT IS MERELY MASQUERADING AS THE ME2 PRODUCTIONS / COPYRIGHT HOLDER UNDER SOME LICENSE TO MONETIZE THEIR COPYRIGHT RIGHTS?

Your thoughts and feedback are obviously welcome.


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.