Category Archives: Headhunter LLC

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.

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.

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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).

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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].

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