Category Archives: ME2 Productions Inc.

ME2 Utah Subpoenas from CenturyLink Are Coming Due.

Subpoenas Sent to CenturyLink to expose identities of ME2 Utah Defendants due 4/28.

ME2 Utah cases have been blazing since they were filed early in March, and now the subpoenas for those cases are coming due this week.

Who is the attorney for the ME2 Utah cases?

The ‘copyright troll’ attorney in Utah who filed these cases is Todd Zenger (“Todd E. Zenger”), and he works for Kirton McConkie in Salt Lake City, Utah. Any e-mails coming from “[email protected],” or calls from his “801-328-3600” phone number (or any 801-328-XXXX phone number should cause you to be wary that you have a Utah ME2 copyright troll trying to scare you into settling with him for thousands of dollars.

Are Utah ME2 Productions, Inc. cases any different from those filed in other states?

Really, no.  I have already written much about the ME2 Productions, Inc. cases, and the Utah ME2 cases are no different from the cases filed in other states. The following articles should be helpful in understanding the ME2 Utah cases as well:

EVERYTHING YOU NEED TO KNOW IN ONE PAGE ABOUT YOUR ME2 PRODUCTIONS, INC. “MECHANIC:RESURRECTION” LAWSUIT AND ISP SUBPOENA.

Just like the other cases, the Utah ME2 Productions, Inc. cases are suing for copyright infringement based on the the illegal download of the Mechanic: Resurrection movie, starring Jason Statham and Jessica Alba. The lawsuits are all copyright infringement lawsuits filed in the Federal Courts, and each lawsuit sues for statutory damages of $150,000 (but don’t let that large number scare you, because baked into copyright infringement law is the concept of ‘minimum statutory damages’ as well).

Accused ME2 Utah-based internet users are made aware of these cases when they are sent a letter from their ISP (CenturyLink), which informs them 1) they are implicated as a “John Doe” Defendant in this case, and 2) the ISP is bound by a subpoena to share the account holder’s contact information (and relevant information about their IP address’ involvement in the case) on a certain due date unless the subscriber files an objection with the court (referring to a “motion to quash”).

Why is this article relevant now (and for the next week or so)?

The reason why I am writing this article is because starting THIS FRIDAY (and continuing for the next week), the ME2 Utah-based subpoenas sent to CenturyLink demanding that they turn over the identities of the Utah ME2 John Doe Defendants are coming due. Most relevant, the next deadline is this Friday, 4/28.

What should I expect after 4/28 once CenturyLink complies with the subpoenas?

The expectation following this 4/28 deadline is that Todd Zenger will start sending out settlement demand letters to Utah ME2 John Doe Defendants, explaining that they have been sued for $150,000, and that their ISP has identified them as being the downloader. That their ISP identified them as the infringer is actually not true, as the ISP will have only identified that their IP address was ‘in the room’ when bittorrent downloading was happening.

However, Todd Zenger’s cases do not state that each John Doe Defendant is the actual infringer, nor does he provide evidence in the form of a PCAP file that any of the Utah ME2 defendants actually committed copyright infringement or downloaded a large enough piece of the movie to be considered “substantially similar” to the copyrighted film. However, it will have to be up to the judges (and us attorneys) to inform them that Todd Zenger is not in possession of the Guardaley evidence he allegedly claims to have.

Who are the federal judges assigned to the ME2 Utah Cases?

The Utah ME2 cases (thus far) are evenly spread between the following judges.  I wouldn’t be surprised if moving forward, one judge, e.g., Judge Evelyn Furse will take over the other cases to have uniform decisions across the Utah ME2 cases.

Judge David Nuffer:
ME2 Productions v. Does 1-23 (Case No. 2:17-cv-00198)
ME2 Productions v. Does 1-12 (Case No. 2:17-cv-00224)
ME2 Productions v. Does 1-29 (Case No. 2:17-cv-00190)

Judge Paul M. Warner:
ME2 Productions v. Does 1-26 (Case No. 2:17-cv-00199)
ME2 Productions v. Does 1-14 (Case No. 2:17-cv-00225)
ME2 Productions v. Does 1-22 (Case No. 2:17-cv-00189)

Judge Evelyn J Furse:
ME2 Productions v. Does 1-25 (Case No. 2:17-cv-00179)
ME2 Productions v. Does 1-25 (Case No. 2:17-cv-00169)
ME2 Productions v. Does 1-23 (Case No. 2:17-cv-00178)
ME2 Productions v. Does 1-25 (Case No. 2:17-cv-00158)
ME2 Productions v. Does 1-23 (Case No. 2:17-cv-00157)
ME2 Productions v. Does 1-26 (Case No. 2:17-cv-00168)

Judge Jill N. Parrish:
ME2 Productions v. Does 1-22 (Case No. 2:17-cv-00200)

Judge Dustin B. Pead:
ME2 Productions v. Does 1-27 (Case No. 2:17-cv-00191)

Judge Ted Stewart:
ME2 Productions v. Does 1-24 (Case No. 2:17-cv-00223)

What are your options in defending or resolving claims in a ME2 Utah-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 ME2 scam has been exposed, the inherent weaknesses in Todd Zenger’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 ME2 Productions.

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 Todd Zenger on notice that my client is not the infringer he 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 Todd Zenger 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.

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 Todd Zenger 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 last night 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 ME2 Utah case, please let me know.


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.

Why would copyright trolls show evidence of ‘other downloaded movies’ if they have evidence of infringement?

Copyright trolls often surprise me by the lengths they will go to prove that a particular “John Doe” defendant downloaded a particular movie. Because the underlying copyright infringement cases likely cannot prove copyright infringement, instead, copyright troll attorneys will spy into the internet connections of their accused defendants and determine what other movies, videos, or content that accused downloader allegedly downloaded. They use those additional downloads as ‘character evidence’ to assert that the defendant downloaded the accused movie. (Next article, I will describe how they are likely doing it.)

By showing character evidence of ‘other downloaded movies,’ copyright trolls prove that the accused “John Doe” Defendant has the personality or ‘character’ of being a habitual infringer (a ‘pirate’).  This character evidence shows that the defendant is familiar with piracy tools and illegal methods of acquiring movies and videos from bittorrent websites (e.g., The Pirate Bay). By demonstrating to the court that “someone from that same IP address downloaded these other movies,” the copyright troll seeks to prove that “the accused defendant must have also downloaded this movie as well.”

Copyright Trolls Use Other The Pirate Bay Downloads to demonstrate character evidence to infringe their movie copyright.

[NOTE TO THE READER: WHAT YOU ARE ABOUT TO READ IS A GREAT ARTICLE, BUT IT NEEDS A ROADMAP TO UNDERSTAND THE FLOW OF IT.]

HERE IS THE ROADMAP:

  1. INTRODUCE THE CONCEPT OF ‘CHARACTER EVIDENCE’ (A LEGAL TERM), AND DESCRIBE WHY EVIDENCE OF ‘OTHER TITLES DOWNLOADED’ IS INADMISSIBLE TO PROVE COPYRIGHT INFRINGEMENT.
  2. INQUIRE WHY PLAINTIFF WOULD TAKE THE EXTRA STEP OF SHOWING ‘OTHER TITLES DOWNLOADED’ IF HE HAS SOLID EVIDENCE OF INFRINGEMENT.
  3. DISCUSS THE NEBULOUS ‘PCAP FILE’ WHICH CAN PROVE INFRINGEMENT, NOTE THAT THE PLAINTIFF HAS ACCESS TO THIS FILE, AND YET IT IS MISSING FROM THE PLAINTIFF’S CASES.
  4. SUB-TOPIC: THE EVIDENCE THE PLAINTIFF ACTUALLY HAS IS “SNAPSHOT EVIDENCE.” COURTS REJECTED SNAPSHOT EVIDENCE AS BEING INSUFFICIENT TO PROVE COPYRIGHT INFRINGEMENT.
  5. (I RETURN TO THE MISSING PCAP EVIDENCE AND DEMONSTRATE THAT THE PLAINTIFF ATTORNEY MISDIRECTS THE COURT BY REFERRING TO A SOFTWARE REPORT, BUT GLOSSING OVER THE PCAP EVIDENCE).
  6. END THE ARTICLE BY COMMENTING THAT SHOWING ‘OTHER TITLES DOWNLOADED’ TO A DEFENDANT IS AN EFFECTIVE STRATEGY IN SCARING HIM TO AGREE TO SETTLE THE CASE.

1. EVIDENCE OF ‘OTHER TITLES DOWNLOADED’ IS INADMISSIBLE CHARACTER EVIDENCE.

In the eyes of the law, ANY CHARACTER EVIDENCE OF ‘OTHER MOVIES OR TITLES’ DOWNLOADED BY THE JOHN DOE DEFENDANT IS INADMISSIBLE TO PROVE THAT THE DEFENDANT DOWNLOADED THE MOVIE TITLE FOR WHICH THAT DEFENDANT WAS SUED. Malibu Media, LLC tried using character evidence and failed. For a while, they were listing other movie titles and illegal downloads that accused defendant participated in, and the courts reprimanded their efforts.

Specifically because Malibu Media attempted to admit character evidence into their complaints, in the Western District of Wisconsin, Judge Stephen L. Crocker consolidated each of Malibu Media LLC’s cases.  Here, the judge ruled that character evidence of ‘other titles allegedly downloaded’ was not only inadmissible, but it was prejudicial to the defendant’s case (see attached order).

According to the Federal Rules of Evidence (“F.R.E.”), evidence of a person’s character to prove a consistent act with that character is called ‘character evidence,’ which is inadmissible to prove copyright infringement. (See the Federal Rules of Evidence, §404 on Character Evidence).

2. WHY WOULD COPYRIGHT TROLLS USE CHARACTER EVIDENCE OF ‘OTHER DOWNLOADED TITLES’ WHEN THEY CAN PROVE INFRINGEMENT USING THE PCAP FILE?

Why a copyright troll would resort to using ‘character evidence’ of ‘other titles downloaded’ to prove that the downloader must have downloaded this title is puzzling.  The copyright holders DO have evidence of infringement, don’t they?

3. EVIDENCE OF INFRINGEMENT CAN BE FOUND IN THE PCAP FILE.

Perhaps the reason why the attorney is seeking to find “other titles” an accused defendant downloaded is that copyright trolls do not actually have evidence that the defendant downloaded this movie.

For the technical-minded, this evidence of copyright infringement would be found in a “PCAP file.” Copyright holders have this file, but they will never release to the courts. This PCAP file would indicate whether a downloader merely clicked on a link and connected to a bittorrent swarm WITH THE INTENT* to download, view, or stream a movie, or whether the accused defendant actually copied a substantial watchable portion of the movie. (*NOTE: a defendant who had ‘INTENT’ to commit a copyright infringement cannot be found guilty of ‘willful’ copyright infringement if the download or the viewing never actually took place.)  The PCAP file is hidden from the courts and is never introduced to prove that the defendant downloaded the movie. Instead of documenting actual evidence of infringement, the copyright troll attorneys find “other titles” that the defendant allegedly downloaded.

4. HOW TROLLS REPLACE PCAP EVIDENCE WITH ‘SNAPSHOT’ EVIDENCE.

The omission of the PCAP evidence is relevant to an accused defendant in a bittorrent-based movie lawsuit.  The reason for this is because courts are misled into thinking that a report containing a list of IP addresses of accused downloaders at some ‘snapshot’ or time period by proprietary Peer-to-Peer surveillance software is sufficient to prove infringement.  However, the so-called ‘SNAPSHOT’ EVIDENCE of infringement (described below) might demonstrate only that the accused John Doe Defendant was present downloading a bittorrent file at a particular date and time.  ‘Snapshot’ evidence of infringement has been rejected by the courts as not being sufficient to prove copyright infringement.

Further, the companies that do the ‘snapshot’ tracking of the bittorrent networks — IPP International, and here in the Texas-based cases, MaverickEye UG, all appear to be shell companies of Guardaley.  For those who are new to the site, Guardaley is the German company our firm has been investigating to find the connection between almost every copyright infringement case hitting the US courts.  Guardaley has been the common thread between each lawsuit, regardless of whether the copyrighted material is pornographic (as in the Malibu Media, LLC lawsuits), or whether it is a mainstream movie.

For current defendants, the ‘snapshot’ evidence problem as I will describe it below likely applies to each of the “Mechanic:Resurrection” movie lawsuits (ME2 Productions), each of the “I.T.” movie lawsuits (I.T. Productions), each of the “Mr. Cook” movie lawsuits (Cook Productions), and literally every other movie lawsuit filed in the last seven years, as listed on Carl Crowell’s list of Guardaley clients.

Character Evidence of 'Other Movies Downloaded' To Prove The Download of THIS movie.

4A. SUB-TOPIC: WHY “SNAPSHOT EVIDENCE” IS INSUFFICIENT TO PROVE COPYRIGHT INFRINGEMENT

Source: Judge Otis Wright’s 2013 order from the Ingenuity 13 LLC v. John Doe (Case No. 2:12-cv-08333) case in the U.S. District Court for the Central District of California.

RULE 2. A “SNAPSHOT OBSERVATION” OF AN IP ADDRESS ENGAGED IN DOWNLOADING AT THAT MOMENT IS INSUFFICIENT PROOF OF COPYRIGHT INFRINGEMENT

Here, all the evidence a copyright troll plaintiff has on a suspected defendant is that at a particular date and time (a “timestamp”), that particular IP address was engaged in the downloading of a particular copyrighted file.

Here, a “snapshot” of an IP address correlated with evidence from the subscriber’s internet service provider (“ISP”) [that it was the subscriber who was leased that IP address during the date and time the alleged activity took place] is insufficient proof that the download actually took place. The defendant could have merely entered the swarm and could be in queue to download his first byte of data. The defendant could be 10% done with the download and could have in his possession an unviewable fragment of the copyrighted video.  This is hardly enough to rise to the level of “SUBSTANTIAL SIMILARITY” that is required in order to find a defendant guilty of copyright infringement. And, yet at the same time, that same snapshot could refer to a defendant having a download which is 99% complete.

A snapshot of an IP address in a bittorrent swarm is simply not conclusive that the downloader infringed the copyright.

The analogy the judge gives is taking a “snapshot” of a child reaching for a candy bar. In order to find someone guilty of copyright infringement, a plaintiff needs to prove that it is “more likely than not” that activity rising to the level of copyright infringement occurred. A snapshot places the defendant at the “scene of the crime.” It does not convict him for the unlawful act itself, and usually this is all the evidence a plaintiff copyright troll compiles when tracking a bittorrent swarm.

5. RETURNING TO THE OMISSION OF PCAP EVIDENCE IN PLAINTIFF’S DECLARATION. WHY THEY TURN TO ‘CHARACTER EVIDENCE’ OF ‘OTHER TITLES DOWNLOADED’ WHEN CONFRONTING A DEFENDANT

Instead of providing the PCAP file (which can prove or disprove whether actual infringement happened), the copyright holders have some expert witness file some declaration stating that they have viewed the reports generated by the bittorrent surveillance software.   That expert witness declares that they have verified that the IP address list created by that software matches the list of defendants who are accused as “John Doe” defendants in this case.

[Curiously, even copyright troll attorneys list themselves as expert witnesses to show that they viewed the software printout.  I don’t know why an attorney would do this, because this makes the plaintiff attorney a discoverable witness in discovery. Here in the Texas ME2 Productions, Inc. v. Does lawsuits, we see plaintiff attorney Gary Fischman’s declaration stating exactly what I have described:

Gary Fischman Declaration Regarding Maverickeye UG (Guardaley) P2P swarm surveillance software report. by Cashman Law Firm, PLLC on Scribd

As a defense attorney, I am puzzled why the plaintiff attorneys often try to prove their case with inadmissible character evidence (“other downloaded titles”).  I understand that copyright infringement in the context of a bittorrent swarm can be proved by the PCAP file (e.g., stating that the movie was 100% downloaded).

Thus, it logically makes sense that the attorney simply DOES NOT HAVE EVIDENCE OF INFRINGEMENT.  This could be why he goes to such lengths to prove that the downloader downloaded the other titles.

6. NEVERTHELESS, SHOWING CHARACTER EVIDENCE OF ‘OTHER TITLES DOWNLOADED’ IS STILL AN EFFECTIVE TACTIC.

From the copyright troll’s perspective, the goal is not to ‘nail’ each “John Doe” Defendant and make them liable for the $150,000 in statutory damages. Rather, a copyright troll seeks to elicit a settlement of a few thousand dollars from each “John Doe” defendant. 

Thus if the copyright troll isn’t interested in proving copyright infringement, but rather wishes to scare the bejeebies out of the accused defendant who actually downloaded those additional titles, then showing that defendant the list of ‘other titles downloaded’ *is* an effective tactic to manipulate them to do whatever the plaintiff demands of them, even if that means paying a multi-thousand dollar settlement.

IN SUM: WHICH ONE IS IT?

So which is it?  Does the plaintiff actually lack evidence of infringement as I have suggested by the missing PCAP file and the misdirection in the declarations filed with the court?  Or, does the copyright troll want to use the so-called ‘character evidence’ of ‘other titles downloaded’ to demonstrate to you (the John Doe Defendant) that you must have been the one who did the download of the movie (and thus you should pay him)?

My opinion: it is both.


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.

SPEAK TO US (or ask me something).

No doubt you want to speak to a lawyer about the bittorrent lawsuit / ISP subpoena that you have received.  *I get that*, and I will do whatever I can to at a very minimum give you a speedy response, even if I cannot take you as a client.

Our law firm (meaning, “I”) will do my best to answer your call, and I will spend as much time with you on the phone as you need so that you at least do not panic about the case which is allegedly trying to take $150,000 (or some $10,000+ settlement) out of your pocket or home.

I have a pretty terribly-written web page at http://www.cashmanlawfirm.com/, but on there are links to reviews and comments people have written about how I have helped them whether or not they ended up being my client:

REVIEWS POSTED ON GENBOOK

REVIEWS POSTED ON GOOGLE

I am not committing to take you as a client; I do not charge for our phone appointments.  So, consider this as a “free consultation,” (or more as a friendly voice from someone who gets bored and enjoys talking to people,) but be aware that I might be working on a case while I am speaking to you, or that there might be interruptions which might pull me away from a call.

I am currently actively working on the following cases (filed in multiple states across the U.S., so while there are tweaks to be made from one federal court to another [different judges, different local rules], the copyright holder remains the same entity).

SCENARIO 1: IF YOU HAVE QUESTIONS ABOUT WHAT I HAVE WRITTEN, OR IF YOU WANT TO SPEAK TO ME ABOUT YOUR MATTER, I INVITE YOU TO USE THE CONTACT FORM BELOW.

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.

SCENARIO 2: ASSUMING YOU WANT ME TO REPRESENT YOU IN THE CASE OR NEGOTIATE A RELEASE AND DISMISSAL FROM THE CASE, NEGOTIATE A SETTLEMENT (OR AN ANONYMOUS SETTLEMENT), OR HAVE ME REPRESENT YOU IN THE COURTROOM.

Follow these three steps below to have me represent you in your lawsuit (again, I do limit the number of clients I take (and here is why), and I do limit the number of time slots I make available each day):

1. Schedule a phone appointment for us to have a few minutes to speak about your lawsuit, your plaintiff ‘copyright troll’, what we know about them, and what we have achieved in the past with other clients.

2. Get, sign, and return retainer agreement (either I or one of my assistants would need to e-mail this to you after our call.  I do not make them readily available so that hundreds of John Doe defendants can hire me at the same time — I just don’t work that way, and this is a good thing).

3. Sit back, relax, and let us work on your behalf to get you the results you need.

After scheduling your appointment online, you will be contacted by phone at the specified date and time by a Cashman Law Firm, PLLC attorney.

SCENARIO 3: IF ALL ELSE FAILS AND YOU CANNOT REACH ME THROUGH THE WEB FORM, OR IF YOU CANNOT FIND AN OPEN TIME-SLOT ON THE GENBOOK APPOINTMENT PAGE,  I’M PROVIDING MY CONTACT INFORMATION. USE IT SPARINGLY.

Obviously I don’t want you calling me while I am in court, and I don’t want you e-mailing me without first reading the relevant articles about your case.  I’ll get you where you want to go in order to get out of trouble, but I won’t do it for you.  In other words, I’m not teaching you about this case from scratch or doing some dance in order for you to decide to retain me as your attorney.

But I am providing my phone number to you and my e-mail to you — these will break through all the barriers and you will reach me this way.  But respect this information and use it sparingly.

713-364-3476

[email protected]

[And as silly as this sounds, I have written SEVEN YEARS worth of blogs without referencing myself once.  That sounds self-deprecating, but really, I am simply trying to get resources and information in your hands.  So my name is “Rob Cashman.”  Please don’t call me Ron, or some other name, because that does annoy me.  Take the time to pay attention to learn my name if you want to speak to me.] 🙂

Lastly, I know I often have 100+ people contacting me, and I only provide a handful of phone consultations or appointments.  If you need my help, whether or not I become your attorney, *I WILL HAPPILY TAKE THE TIME TO SPEAK TO YOU, AND EVEN SPEND WHATEVER TIME IS NECESSARY (TIME PERMITTING) TO HOLD YOUR HAND.*

So if you need to speak to me after-hours or outside my set schedule, that’s ok too.

-Rob

NOTE: No attorney client relationship is established by sending a web form or an e-mail, and while the attorney-client privilege (which keeps everything that you share with 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.

ME2 Productions Inc. Subpoenas FAQ | What You Need to Know

While our law firm represents ME2 Productions, Inc. defendants as clients in a number of states (specifically, those states in which we can ‘pro hac’ into and represent a defendant should settlement negotiations go awry), I simply cannot track every single bittorrent-based lawsuit that is filed across the U.S.   However, I do know of subpoenas received by John Doe Defendants in a number of cases are due today.

This article should be a simplistic “what do I do” article.  Nothing new will be introduced here for those of you who have read my blog in the past.  At best, this will be a quick refresher of what happens at the pretrial stages of a copyright infringement lawsuit before a John Doe Defendant is named and served.

Because I am neck deep in cases, instead of writing out this article, I am dictating it into a recorder and am paying someone to transcribe it for me. Thus, pardon the conversational tone.  This is really the way I speak.

[Lastly, some of you have e-mailed me asking why I am only making 2-3 time slots available each day on the http://torrentlawyer.genbook.com scheduling site when there are literally hundreds of John Does affected by these lawsuits.  The simple reason is because I am managing the firm’s inflow of clients (I will not take every client I speak to, but I will hold your hand until you find an attorney), and I do not believe in flooding our firm with 100+ new clients for one copyright holder and treating them all the same way in a turn-key fashion.  I used to think that this could save our clients money, but my experience after representing clients is that if I am able to take each client separately and negotiate each client the best I can, I am often able to get the client released from liability without paying any settlement (if the client did not do the download), and if they did the download, I am able to negotiate significantly lower settlements when I handle client circumstances individually rather than as a group.]

ME2 LAWSUIT SUBPOENA Q&A:

Question: “I received a subpoena from my ISP about the ME2 Productions, Inc. v. Does lawsuit.  What do I do?”

Answer: Chances are the lawsuit was filed in the state in which you live.  If you live outside of the state in which you were sued, that federal court likely does not have “personal jurisdiction” over you.  For circumstances like this, you may consider filing a motion to quash.

SHOULD I FILE A MOTION TO QUASH?

Question: “Should I file a motion to quash even though I have been sued and I live in the state?”

Answer: If you file the motion to quash, the court will set a hearing in order to determine whether they have personal jurisdiction over you.  The judge will ask whether you live in the state.  If the answer is “yes,” then motion to quash will likely be denied.  I’m simplifying, but this is the point.

NOTE: For accuracy, you were not sued.  You are at this point merely implicated as a “John Doe” Defendant, which means that your Comcast ISP (or whatever ISP you have) has identified you as being the account holder who was assigned an IP Address (e.g., 123.848.245.163), and that IP Address was ‘seen’ or ‘caught’ participating in a bittorrent swarm where the download allegedly happened.

Question: “ABC Lawyer told me that even if I live in the state where I was sued, I can still hire an attorney who will file a motion to quash for me for $2,500 where he will expose the copyright trolls’ scam and maybe cause the judge to dismiss the case.  Should I pay for one of these?”

Answer: The motion to quash is not the proper place to raise issues relating to the actions of the copyright holders.  Filing long-winded motions to quash will simply prompt the judge to ask, “yes or no, does your client live in this state?”  When the answer is yes and your lawyer turns to you and informs you that “your motion to quash failed,” you’ll realize that you wasted your money.

There are other procedural times to fight your case, especially if you did not do the download.  Fighting your case in the motion to quash is generally a really bad idea.

Question: “Who cares if I was ‘seen’ downloading?  Doesn’t everyone use bittorrent anyway? Why is this illegal?”

Answer:  The short answer is that downloading and piracy is socially acceptable as a ‘tolerable evil’, but it is still nevertheless illegal.  It took me a few tries to answer this question, and in trying, the following two blog articles came of it:

1. ‘The boot of government crushes the skull of its citizen’ when it comes to encryption and anonymity, and

2. The Evolution of Piracy and the ‘coincidence’ that early copyright cases were rooted in pornography-based content.

In sum, copyright holders are finicky about whether, how, and in which way they will allow their copyrighted film to be shown.    Copyright law, as encoded in 17 US Code § 106 describes a number of exclusive rights given to a copyright holder (which means that the copyright holder is given authority to legally sue and destroy the financial futures of anyone who violate and/or infringe those rights).  Of those exclusive rights (the right to make copies (download), the right to distribute copies (share/upload), the right to display (stream), if any of these are infringed, the copyright holders get antsy because each violation of these rights stops them from being able to profit from the movie (or ‘work’) they created.

The peer-to-peer networks have been a source of angst for the copyright holders because until now, each of these ‘exclusive rights’ are taken out from the control of the copyright holder, and are given to the internet users.  When movies are listed on a bittorrent website and are downloaded, the copyright holders do not profit from the piracy, and while there has been some considerable debate of whether movie companies actually lose money from piracy (I am on the side that their ticket and DVD sales and licensing fees are hurt by piracy, but the damage is not as exaggerated as they claim it to be), but as a result of the loss (perceived or not, real or not), today copyright holders to consider it ethical to sue end user downloaders for the full $150,000 statutory damages for the download of one movie.

My opinion is that suing downloaders is misguided solution to the piracy problem, and that a better solution would be either compulsory licensing from the ISP, or simply providing better competitive solutions to give internet users the ability to PAY for access to cable TV and traditional TV networks (without paying the inflated cable bill prices they are still trying to charge).

Question: “Before Comcast hands out my information, am I still anonymous?  If as a John Doe I am not yet a defendant in the case, at what point do I become a defendant?”

At this point, your plaintiff attorney does not have your name, and neither does the court.  At this point, you are also still anonymous, which means that other than the filing fee, the plaintiff attorney has not yet spent any money or time investigating you or your involvement in the lawsuit.

You do not become a defendant until you are ‘named and served.’ This would happen later on in the lawsuit after the plaintiff copyright attorney tries to 1) convince you to settle, or 2) they are unable to contact you, or 3) they have formed a belief that you (the ISP subscriber) are the downloader.

Once someone knocks on your door and serves you with a copy of the complaint (or once you are served by a number of other methods), only then do you become a defendant in the lawsuit.

IS COMCAST (OR MY ISP) FORCED TO COMPLY WITH THE SUBPOENA?

Question: “Can I call Comcast (or my ISP) and tell them I object to them sending out my information?  Isn’t giving out my information a crime?”

Answer: Comcast is under a duty to comply with the subpoena, which was ordered and signed by the federal judge for your case.  The ISP can and does often ignore the deadline set by the attorney in the subpoena sent to the ISP [they comply whenever they decide to comply, and if the plaintiff attorneys don’t like it, they can sue them or bring them into court, but they almost never do], but the ISPs almost always comply.

Even if you call your ISP and complain, and even if you object to them sending out your information, they will tell you that they must comply and that they WILL comply unless you file an objection with the court.  This objection is the motion to quash we discussed before.

There was a time when these bittorrent-based ‘copyright troll’ lawsuits were new (back in 2010), and there was a time that I researched whether a subscriber can sue his ISP for sharing his information with the copyright holders over his objection.  I even considered representing John Doe Defendants at the time as a class action lawsuit against the ISPs, however, the case law was horrible, and the damages weren’t worth the time or money the clients would have paid in order to sue their ISPs.

100% ANONYMOUS SETTLEMENTS BEFORE ISP COMPLIES WITH SUBPOENA?

Question: “Should I have my attorney contact the plaintiff attorney before he gets my identity from my ISP?  Can I settle with the plaintiff attorney and stop my Comcast ISP from divulging my identity to the plaintiff attorney?”

Answer: Generally, this is not required.  I have had circumstances that the defendant ABSOLUTELY wanted to keep his involvement in a lawsuit ANONYMOUS, and in cases such as this one [where the defendant had something to lose if the plaintiff attorney learned his identity], then yes, I could negotiate a 100% anonymous settlement before the ISP hands out the John Doe’s information to the plaintiff attorney.  I can even stop the ISP from complying with the subpoena.  How??

I have been successful asking various plaintiff attorneys to write or transmit a letter to the ISP and cancel the subpoena as to that particular John Doe Defendant, and both the paid attorney and the ISP happily complied, and my client remained 100% anonymous.  Win-win.  The client remained anonymous, the ISP had one fewer infringement file to take care of, and the pocket-filled plaintiff attorney saved an extra few bucks because he did not have to pay the ISP for the IP address lookup for that John Doe Defendant (sometimes ISP charge plaintiff attorneys large sums of money to lookup and handle the files of each of the John Doe Defendants).

However, one thing that is LOST when negotiating BEFORE the ISP hands over your information is LEVERAGE.  If the John Doe approaches the attorney asking to be anonymous, the plaintiff will want to know, “what does he have to hide?”  In addition, because any anonymous negotiations will arouse suspicion in the eyes of the plaintiff attorney, they might be less willing to negotiate down the price in a settlement negotiation when they sense that the other side has something to lose by having their name exposed to him/her.  We can still do the settlements anonymously and clients still do request this, but be aware that leverage is lost when premature negotiations are made, and thus the cost of the settlement to the copyright holder may be higher than the ordinary negotiation.

WHAT HAPPENS AFTER COMCAST COMPLIES WITH THE SUBPOENA?

Question: “Do I become a defendant in the case after my ISP complies with the subpoena and hands out my information to the plaintiff attorney?”

Answer: Again, no.  As far as the court is concerned (and as far as the world is concerned), nobody except you, your ISP, your attorney, and the plaintiff attorney know your name.  Robots and spiders who like to ‘spider’ legal sites and post information on the parties of the cases also cannot know who you are, even after the ISP complies with the subpoena.

Rather, when the ISP complies with the subpoena, likely, they will send over a spreadsheet 10-20 lines long (depending on how many John Doe Defendants there are in the case), and you will be one of those ‘lines’ on the spreadsheet.  The plaintiff will learn who you are, but you will remain an anonymous John Doe Defendant until the plaintiff attorney decides to name and serve you.

When the plaintiff attorney receives the list of names and contact information for each John Doe Defendant, he will separate that pile of names into two piles: 1) subscribers that are represented by attorneys (where their attorneys sent a ‘notice of representation’ to that attorney), and 2) subscribers who are not represented by an attorney.  The experience of the ‘Subscribers who are not represented by attorney’ has best been described to me like ‘being called by a horrible creditor for a debt; only that creditor is an attorney and could ruin my life.’

Question: “Will the ‘copyright troll’ attorney contact me to extort a settlement?”

Answer: Funny enough, likely not.  Attorneys have gotten reprimanded by the courts in recent years for abusive practices such as sending settlement demand letters (I used to refer to them as ‘scare’ letters because their purpose was to frighten and scare the defendants into paying the requested settlement amount).  So rather than saying, “we want $6,000 for so-and-so title (or whatever they are asking),” the plaintiff attorneys will simply state that they have every intention of moving this case to trial, and if the defendant or his/her attorney wants to discuss settlement options, they are more than willing to cooperate.

So no, they will likely not try to contact you.

Question: “If they do not contact me, should I just ignore and do nothing until they name and serve me?”

Answer: Waiting to be named and served is a DANGEROUS legal strategy, for the simple reason that you are thrust into the “fight” option where you are forced to either spend tens of thousands of dollars to some defense attorney to litigate the case for you, or you have committed yourself to become a legal expert unrepresented “pro se” defendant.

If you have any intention of keeping your identity private, it is best to have your attorney negotiate the release of your “John Doe” placeholder entity WHILE YOU ARE STILL A JOHN DOE.  As soon as you are named and served, your identity as being involved in a copyright infringement lawsuit will become public, even if your attorney convinces the other side that you are not the downloader.  And, even if you ended up paying a settlement amount in lieu of litigating the claims against you, if you do so after you are named and served, your identity will become public knowledge and ‘there is no way to put that genie back in the bottle once it’s out.’

Point in sum. It is *almost ALWAYS* better to have your attorney proactively contact the plaintiff attorney before you are named and served.  That way, if a release based on non-guilt is negotiated, it will be done anonymously.  If a settlement is reached, then it will be done without the world learning that you were part of a copyright infringement lawsuit.

WHO IS THE ATTORNEY SUING ME?

TEXAS CASES: Gary Fischman (Fischman Law PLLC)

NOTE: Gary Fischman is the same attorney who is suing defendants in the I.T. Productions LLC cases, the September Productions cases, Cell Film Holdings cases, and Fathers & Daughters Nevada cases.  He is often seen filing lawsuits in conjunction with Josh Wyde.

(I will obviously update this for other states.  For the moment, I have been representing clients in the Texas Southern District Court (TXSD) because our Cashman Law Firm, PLLC practice is physically located in Houston, Texas.)

SUMMARY: ME2 SUBPOENAS DUE TODAY.

I could go on forever with these questions and answers, but the point is that your plaintiff attorney will likely be getting your contact information today for a number of the ME2 Productions, Inc. lawsuits in various states, and the reason for this is because your ISP (primarily, Comcast) is coordinating the compliance with the subpoena by bunching the various subpoenas together and handling them all at the same time.

Thus, expect that tomorrow, your respective ‘copyright troll’ plaintiff attorney will begin calling you, and from there, the process continues as I described above.


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.

RECENT CASE HISTORY OF THE ME2 PRODUCTIONS, INC. CASES:

Cases filed in the Texas Southern District Court [2017 cases]:
Attorney: Gary Fischman (Fischman Law PLLC)

ME2 Productions, Inc. v. DOES (Case No. 4:17-cv-00501)
Filed: Feb 15, 2017, Judge: TBA

ME2 Productions, Inc. v. Does 1-12 (Case No. 4:17-cv-00404)
Filed: Feb 09, 2017, Judge: TBA

ME2 Productions, Inc. v. DOES (Case No. 4:17-cv-00275)
Filed: Jan 27, 2017, Judge: TBA

ME2 Productions, Inc. v. Does (Case No. 4:17-cv-00143)
Filed: Jan 17, 2017, Judge: TBA

Cases filed in the Nevada District Court:
Judges include Judge Andrew Gordon, Judge James Mahan, Judge Jennifer Dorsey, and Judge Richard Boulware II — Judge Mahan and Judge Gordon have most of the cases:

ME2 Productions, Inc. v. Does (Case No. 2:16-cv-02783)
The following cases also filed as ME2 Productions, Inc. v. Does:
Case No. 2:17-cv-00114
Case No. 2:16-cv-02563
Case No. 2:16-cv-02513
Case No. 2:16-cv-02799
Case No. 2:17-cv-00121
Case No. 2:17-cv-00126
Case No. 2:17-cv-00122
Case No. 2:16-cv-02657
Case No. 2:16-cv-02384
Case No. 2:16-cv-02520
Case No. 2:17-cv-00124
Case No. 2:17-cv-00123
Case No. 2:16-cv-02662
Case No. 2:16-cv-02788
Case No. 2:16-cv-02875
Case No. 2:16-cv-02660
Case No. 2:17-cv-00049

Cases filed in the North Carolina Eastern District Court:
Judges include Judge Louise Wood Flanagan, Judge Terrence Boyle, Judge W. Earl Britt — Judge Flanagan is the lead, as she has most of the cases and is in charge of the 5:16-cv-914 case into which the others have been consolidated, so watch her rulings to understand how ‘bittorrent’ law is about to evolve in North Carolina:

ME2 Productions, Inc. v. Doe 1, et al (Case No. 5:16-cv-00881)
ME2 Productions, Inc. v. Doe 1, et al (Case No. 5:16-cv-00885)
ME2 Productions, Inc. v. Doe 1, et al (Case No. 4:16-cv-00273)
ME2 Productions, Inc. v. Doe 1, et al (Case No. 5:16-cv-00896)
ME2 Productions, Inc. v. Does 1-8 (Case No. 5:16-cv-00914)
ME2 Productions, Inc. v. Does 1-9 (Case No. 7:16-cv-00385)
ME2 Productions, Inc. v. DOES 1-10 (Case No. 7:16-cv-00386)
ME2 Productions, Inc. v. Does 1-8 (Case No. 7:16-cv-00384, CONSOLIDATED into 5:16-cv-00914-FL)
ME2 Productions, Inc. v. Does 1-16 (Case No. 7:16-cv-00394)
ME2 Productions, Inc. v. Does 1-16 (Case No. 4:16-cv-00279)
ME2 Productions, Inc. v. Does 1-9 (Case No. 5:16-cv-00875)
ME2 Productions, Inc. v. Doe (Case No. 7:16-cv-00383)
ME2 Productions, Inc. v. Does 1-13 (Case No. 4:16-cv-00278)
ME2 Productions, Inc. v. Doe 1 et al (Case No. 5:16-cv-00917)
ME2 Productions, Inc. v. Doe 1 et al (Case No. 5:16-cv-00920)
ME2 Productions, Inc. v. Doe 1 et al (Case No. 5:16-cv-00922)
ME2 Productions, Inc. v. Does (Case No. 5:16-cv-00202)
ME2 Productions, Inc. v. Does (Case No. 5:16-cv-00206)

Cases filed in the Colorado District Court:
Judge Wiley Y. Daniel has ALL of the bittorrent cases. Watch his ruling because the ME2 cases might affect Colorado ‘bittorrent’ law.

ME2 PRODUCTIONS, INC. v. Doe 1 et al (Case No. 1:17-cv-00170)
ME2 Productions, Inc. v. Doe 1 et al (Case No. 1:16-cv-02978)
ME2 Productions, Inc. v. John Does 1-20 (Case No. 1:16-cv-03005)
ME2 PRODUCTIONS, INC. v. Doe 1 et al (Case No. 1:16-cv-03069)
ME2 Productions, Inc. v. John Does 1-24 (Case No. 1:16-cv-03128)
ME2 Productions, Inc. . v. Doe 1 et al (Case No. 1:17-cv-00301)
ME2 Productions, Inc. v. Doe 1 et al (Case No. 1:17-cv-00387)
ME2 Productions, Inc. v. Doe 1 et al (Case No. 1:17-cv-00033)
ME2 Productions, Inc v. John Does 1 – 11 (Case No. 1:16-cv-02770)
ME2 Productions, Inc v. John Does 1-21 (Case No. 1:16-cv-02788)
ME2 PRODUCTIONS, INC. v. Doe 1 et al (Case No. 1:16-cv-02827)
ME2 Productions, Inc v. John Does 1-10 (Case No. 1:16-cv-02891)
ME2 Productions, Inc. v. Doe 1 et al (Case No. 1:16-cv-02580)
ME2 PRODUCTIONS, INC. v. Doe 1 et al (Case No. 1:16-cv-02629)

Cases filed in the Washington Western District Court:
Judge Robert Lasnik appears to be in control of all of the bittorrent cases thus far (a number of them are still ‘TBA’, but I suspect they will go to Judge Lasnik). Watch his ruling on any of these cases, because a ruling on one of these cases will likely affect ALL of the other bittorrent cases in the Washington Western District Court.

ME2 Productions, Inc v. Doe 1 et al (Case No. 2:16-cv-01882)
ME2 Productions, Inc v. Doe 1 et al (Case No. 2:16-cv-01881)
ME2 Productions, Inc v. Doe 1 et al (Case No. 2:16-cv-01953)
ME2 Productions, Inc v. Doe 1 et al (Case No. 2:16-cv-01955)
ME2 Productions, Inc v. Doe 1 et al (Case No. 2:16-cv-01950)
ME2 Productions, Inc v. Doe 1 et al (Case No. 2:16-cv-01776)
ME2 Productions, Inc v. Doe 1 et al (Case No. 2:16-cv-01778)
ME2 Productions, Inc v. Doe 1 et al (Case No. 2:17-cv-00181)
ME2 Productions, Inc v. Doe 1 et al (Case No. 2:17-cv-00182)
ME2 Productions, Inc v. Doe 1 et al (Case No. 2:17-cv-00099)
ME2 Productions, Inc v. Doe 1 et al (Case No. 2:17-cv-00100)

Cases filed in the Indiana Northern and Southern District Courts:
These cases appear to be assigned to judges in a rotating fashion, and thus, while Judge Theresa Springman (in the Indiana Northern District) and Judge Larry Mckinney (in the Indiana Southern District) each appear to have three (3) cases each, there appears to be no leadership by either judge as to directing the Indiana court as to how or whether these cases will affect ‘bittorrent’ law.

ME2 Productions, Inc. v. Does 1-8 (Case No. 1:16-cv-00390)
ME2 Productions, Inc. v. Does 1-9 (Case No. 3:16-cv-00764)
ME2 Productions, Inc. v. Does 1-10 (Case No. 3:16-cv-00695)
ME2 Productions, Inc. v. Does 1-9 (Case No. 2:16-cv-00468)
ME2 Productions, Inc. v. Does 1-12 (Case No. 2:16-cv-00478)
ME2 Productions, Inc. v. Does 1-11 (Case No. 3:16-cv-00697)
ME2 PRODUCTIONS, INC. v. DOE 1 et al (Case No. 1:16-cv-03020)
ME2 PRODUCTIONS, INC. v. DOE 1 et al (Case No. 1:16-cv-02757)
ME2 PRODUCTIONS, INC. v. DOE 1 et al (Case No. 1:16-cv-02758)

Cases filed in the Arizona District Court:
These cases also appear to be assigned to judges in a rotating fashion, however, it is appearing that Judge Diane Humetewa is taking on more bittorrent cases than any of the others. So watch her court for leadership moving forward.

ME2 Productions Incorporated v. Unknown Parties (Case No. 2:17-cv-00210)
ME2 Productions Incorporated v. Unknown Parties (Case No. 2:16-cv-04039)
ME2 Productions Incorporated v. Unknown Parties (Case No. 2:16-cv-04075)
ME2 Productions Incorporated v. Unknown Parties (Case No. 2:16-cv-04114)
ME2 Productions Incorporated v. Unknown Parties (Case No. 2:16-cv-04112)
ME2 Productions Incorporated v. Unknown Parties (Case No. 2:16-cv-04123)
ME2 Productions Incorporated v. Unknown Parties (Case No. 2:17-cv-00216)
ME2 Productions Incorporated v. Unknown Parties (Case No. 2:17-cv-00217)
ME2 Productions Incorporated v. Unknown Parties (Case No. 2:17-cv-00218)
ME2 Productions Incorporated v. Unknown Parties (Case No. 2:17-cv-00222)

Cases filed in the New York Eastern and Southern District Courts:
NOTE: Single “John Doe” cases are being filed here. Warning!

ME2 Productions, Inc. v. Doe – 24.44.105.211 et al (Case No. 1:16-cv-06161)
ME2 Productions, Inc. v. Doe – 68.194.38.87 et al (Case No. 1:16-cv-06160)
ME2 Productions, Inc. v. Doe(s) – (Case No. 1:17-cv-00929)
ME2 Productions, Inc. v. Doe – 74.71.172.215 et al (Case No. 1:17-cv-01049)

Cases filed in the Oregon District Court:
Again, warning! These are single-doe cases.

ME2 Productions, Inc. v. Doe-76.27.219.56 (Case No. 3:16-cv-01724)
ME2 Productions, Inc. v. Doe-73.164.239.74 (Case No. 3:16-cv-01725)
ME2 Productions, Inc. v. Doe-24.21.195.166 (Case No. 3:17-cv-00158)

OTHER CASES (WITHOUT COMMENT):

Cases Filed in the Connecticut District Court:
ME2 Productions, Inc. v. Does (Case No. 3:16-cv-01834)
ME2 Productions, Inc. v. Does (Case No. 3:16-cv-01835)
ME2 Productions, Inc. v. Does (Case No. 3:16-cv-01837)
ME2 Productions, Inc. v. Does (Case No. 3:16-cv-01838)

Cases Filed in the Georgia Northern District Court:
ME2 Productions, Inc. v. Does 1-13 (Case No. 1:16-cv-03904)
ME2 Productions, Inc. v. Does 1-12 (Case No. 1:16-cv-04054)
ME2 Productions, Inc. v. DOES 1-11 (Case No. 1:16-cv-04208)
ME2 Productions, Inc. v. DOES 1-11 (Case No. 1:16-cv-04052)
ME2 Productions, Inc. v. DOES 1-11 (Case No. 1:16-cv-04210)
ME2 Productions, Inc. v. Does 1-9 (Case No. 1:16-cv-04207)
ME2 Productions, Inc. v. Doe 1 (Case No. 1:16-cv-04055)

Cases filed in the Illinois Northern District Court:
(Think, John Steele / Prenda Law Inc. / Steele|Hansmeier / #Prenda old territory.)
ME2 PRODUCTIONS, INC. v. DOES 1-25 (Case No. 1:17-cv-00712)
ME2 PRODUCTIONS, INC. v. DOES 1-25 (Case No. 1:17-cv-00706)
ME2 PRODUCTIONS, INC. v. DOES 1-25 (Case No. 1:17-cv-00708)
ME2 PRODUCTIONS, INC. v. DOES 1-42 (Case No. 1:17-cv-00714)
ME2 PRODUCTIONS, INC. v. DOES 1-26 (Case No. 1:17-cv-00710)

Case(s) filed in the Kentucky Western District Court:
ME2 Productions, Inc. v. Does 1-10 (Case No. 3:16-cv-00702)

Case(s) filed in the Maryland District Court:
ME2 Productions, Inc. v. Doe 1 et al (Case No. 8:16-cv-03730)

Case(s) filed in the Missouri Western District Court:
ME2 Productions, Inc. v. Doe 1 et al (Case No. 4:16-cv-01271)

Case(s) filed in the Ohio Northern and Southern District Courts:
ME2 Productions, Inc. v. Does (Case No. 3:16-cv-02715) — Northern
ME2 PRODUCTIONS, INC. v. DOES 1-14 (Case No. 2:16-cv-01062) — Southern

Cases filed in the Pennsylvania Eastern District Court:
(This is Jordan Rushie territory.)

ME2 PRODUCTIONS, INC. v. JOHN DOES 1-8 (Case No. 2:16-cv-06138)
ME2 PRODUCTIONS, INC. v. JOHN DOES 1-13 (Case No. 2:17-cv-00572)

Cases filed in the Virginia Eastern and Western District Courts:
ME2 Productions, Inc. v. Doe 1 (Case No. 3:17-cv-00058)
ME2 Productions, Inc. v. DOE 1 (Case No. 3:17-cv-00057)
ME2 Productions, Inc. v. Does 1-13 (Case No. 5:16-cv-00083)
ME2 Productions, Inc. v. Does 1-11 (Case No. 3:17-cv-00002)


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.

I.T. Productions, LLC should really be called “I, Troll.”

To properly defend against the I.T. Productions, LLC v. Does lawsuits, it is important to understand the similarities between each case.  Each lawsuit, regardless of in which federal court it is filed, has certain similarities.  The purpose of this article is to point out the similarities between the I.T. Productions cases, and other ‘movie troll’ lawsuits filed in the same federal courts by the same copyright troll attorneys.

Different Lawsuits, Same Plaintiff Attorneys?

These past few weeks, I have been pushing the idea that there is an entity (until now, I believed it was Voltage Pictures, Inc.) behind the lawsuits which is calling up movie companies who have produced movies which have flopped in the theaters (I call them “floppers”), and this entity convinces the movie company to license its copyright rights to them so that they can sue bittorrent users as John Doe Defendants in copyright infringement lawsuits across the US.

Yesterday, I wrote about the Cook Productions, LLC lawsuits (which are sending subpoenas to ISPs to reveal the identities of subscribers who are accused of downloading the “Mr. Church” flopper), and I was concerned that maybe this copyright holder was somehow separate from the others — the ME2 Productions lawsuits, the September Productions lawsuits, and the Cell Film Holdings lawsuits (the “three legs” or “trio“) — that we have been seeing over the past few months. [So it’s not a three-legged stool; it’s a chair.]

But then this morning, I was writing an article on the I.T. Productions, LLC lawsuits, and after speaking to a John Doe Defendant on the phone, I decided to check the list of plaintiff attorneys suing in each state for the I.T. Productions to the attorneys suing in the ME2 Productions, September Productions, (and also LHF Productions and Criminal Productions, Inc., articles to come), and the connections popped out at me.  They are the same attorneys!!!

In sum, this ‘shadow entity’ (which I believed to be Voltage Pictures, Inc.) who is licensing ‘floppers’ is using the same attorneys to sue for each and every one of these movies.

I.T. Productions cases are filed in the same states as other movie troll cases.

Not only that, but for the IT Productions, LLC cases, they are even ‘dipping their toes’ into the same states as I saw yesterday when reviewing the Cook Productions, LLC cases.  Here are the similarities:

Arizona District Court (NONE YET)
Colorado District Court (I.T. 10 cases, Cook Productions, 1 case)
Hawaii District Court (I.T. 2 cases, Cook Productions, 4 cases)
Illinois Northern District Court (NONE YET)
Indiana Northern & Southern District Courts (NONE YET)
Kentucky Western District Court (I.T. 1 case, Cook Productions 1 case)
Maryland District Court (I.T. 1 case, Cook Productions 1 case)
Nevada District Court (I.T. 1 case, Cook Productions 1 case)
North Carolina Eastern & Middle District Courts (NONE YET)
Ohio Northen & Southern District Courts (I.T. 2 cases, Cook Productions 2 cases)
Oregon District Courts (I.T. 4 cases, Cook Productions 3 cases)
Pennsylvania Eastern District Court (I.T. 1 case, Cook Productions 1 case)
Washington Western District Court (I.T. 1 case, Cook Productions 1 case)

See the similarities?!?  So… expect to see I.T. Productions, LLC cases to soon be filed in Arizona, Illinois, Indiana, and North Carolina.

Texas based I.T. Productions Cases

Why are Gary Fischman and Josh Wyde always the plaintiff attorneys for each movie troll case?

As far as the attorneys for each of the lawsuits were concerned, I could not understand how here in Texas, Gary Fischman and Josh Wyde showed up OUT OF NOWHERE, and started filing lawsuits for Fathers & Daughters Nevada, September Productions, Cell Film Holdings, and most recently, I.T. Productions and ME2 Productions.  Where did they come from?  And how did they all of a sudden score EACH AND EVERY ONE OF THESE movie companies to come to THEM and hire THEM to sue John Doe defendants in Texas for the unlawful download of these films?

Why is R. Matthew Van Sickle always the attorney for the movie troll cases in North Carolina?

Another name that keeps popping up in recent weeks has been R. Matthew Van Sickle (a.k.a. Ross Matthew Van Sickle) of Van Sickle Law, PC in North Carolina.  His website is http://mattvansicklelaw.com/ and it lists an expertise in “Construction Law, Civil Litigation, Employment Law, Insurance Coverage/Defense, and Mediation” (and no doubt, soon his website will be updated to state that he is knowledgeable in intellectual property matters, copyright infringement matters, and federal practice.) At least plaintiff / copyright troll attorneys Josh Wyde and Gary Fischman (AFAIK) are knowledgeable in this area of law.

The common threads between all movie troll cases.

So… who is behind these lawsuits?  Is it Voltage Pictures, Inc.?  Someone affiliated with Carl Crowell? Guardaley / IPP?  Again, do you care??

All About the I.T. Productions Lawsuits (Regardless of Where They Are Filed)

So I digress.  I.T. Productions, LLC has convinced the judges of the various courts to rubber stamp the authorization for them to conduct what is called ‘expedited discovery.’  What this means is that they are now permitted to send a subpoena to the various ISPs (e.g., Comcast, CenturyLink, AT&T, etc.), and force them to disclose the identity of the ten or so John Doe Defendants who are accused of copyright infringement from the download of their film.

The I.T. Productions, LLC lawsuit is suing for the download of the “I.T.” movie starring Pierce Brosnan.  The concept of the movie is pretty cool — innovative owner of an enterprising company is flying high until his daughter gets stalked by one of his information technology (IT) guys, who uses every technological facet to attack them.

Unfortunately, as cool as the movie sounds, IMDb gave it only 5.4 or 10 stars, which means that the movie was a flopper.  It’s too bad; I liked the concept of the movie.

So why did I spend all this time linking this I.T. Productions case to the Cook Productions case, the ME2 Productions case, and the others?  To show that there is a decrepit and sinister entity behind the scene who has likely now set up the entity called “I.T. Productions, LLC” for the purpose of suing downloaders across the U.S. for copyright infringement.

However, as terrible as this sounds, the benefit to the John Doe Defendant reading this article is that you can begin to draw lines and conclusions from one lawsuit (e.g., the ME2 lawsuits) to understand how the plaintiff attorneys will act in these lawsuits.

Honestly, I think I understand now why this movie is called “I.T.”  It really stands for “I Troll.”

As always, I hope this article has been of assistance to you.

For an analysis of the other I.T. Productions, LLC bittorrent-based cases filed across the US, click here.

RECENT CASE HISTORY OF THE I.T. PRODUCTIONS, LLC CASES:

Cases now filed in the Texas Southern District Court:
Attorney: Gary Fischman (Fischman Law PLLC)

I.T. Productions, LLC v. DOES (Case No. 4:17-cv-00597)

Cases filed in the Colorado District Court:
I.T. Productions, LLC v. Does 1-7 (Case No. 1:17-cv-00468)
I.T. Productions, LLC v. John Doe 1 et al (Case No. 1:16-cv-02979)
Other cases with the same name:
Case No. 1:16-cv-02998
Case No. 1:16-cv-03009
Case No. 1:16-cv-03058
Case No. 1:16-cv-03064
Case No. 1:16-cv-03089
Case No. 1:16-cv-03132
Case No. 1:16-cv-03150
Case No. 1:17-cv-00112

Cases filed in the Hawaii District Court:
I.T. Productions, LLC v. Does 1 through 5 (Case No. 1:17-cv-00084)
I.T. Productions, LLC v. Does 1 through 3 (Case No. 1:17-cv-00035)
I.T. Productions, LLC v. Does 1-6 (Case No. 1:16-cv-00641)

Case filed in the Kentucky Western District Court:
I.T. Productions, LLC v. Does 1-11 (Case No. 3:16-cv-00836)

Case filed in the Maryland District Court:
I.T. Productions, LLC v. Doe 1 et al (Case No. 8:16-cv-03999)

Case filed in the Nevada District Court:
I.T. Productions, LLC v. Does (Case No. 2:16-cv-02705)

Cases filed in the Ohio Northern and Southern District Courts (respectively):
I.T. Productions LLC v. Does 1-10 (Case No. 3:16-cv-03073)
I.T. Productions LLC v. Does 1-15 (Case No. 2:16-cv-01199)

Cases filed in the Oregon District Court:
I.T. Productions, LLC v. Doe-76.115.0.173 (Case No. 3:16-cv-02102)
I.T. Productions, LLC v. Doe-76.27.241.78 (Case No. 3:16-cv-02103)
I.T. Productions, LLC v. Doe-76.115.228.18 (Case No. 3:16-cv-02101)
I.T. Productions, LLC v. Doe-76.27.242.207 (Case No. 3:17-cv-00163)

Case filed in the Pennsylvania Eastern District Court:
I.T. PRODUCTIONS, LLC v. JOHN DOES 1-8 (Case No. 2:16-cv-06533)

Case filed in the Washington Western District Court:
I.T. Productions, LLC v. Doe 1 et al (Case No. 2:16-cv-01775)


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.

Suspecting a common troll is behind the movie-based copyright lawsuits.

Introducing a ‘common troll’ theory of copyright trolling.

In this article, I elaborate a ‘common troll’ theory.  This ‘common troll’ theory suggests that copyright troll attorneys are not soliciting copyright holders to find clients for their law firm to sue.  Rather, it appears as if some ‘common troll’ is providing them the list of copyright holder names to sue under.

It is now three days later, and I am unhappy with the “ME2 Productions, Inc. Texas-based Copyright Infringement Lawsuits” article I wrote on Friday. For this purpose, I am providing a quick summary of the case and my thoughts about a ‘common troll’ theory.  That way, those implicated in this lawsuit will understand what appears to really be going on ‘under the surface.’

ME2 Productions, Inc. is the legal entity suing Comcast ISP subscribers for the download of the “Mechanic: Resurrection” movie with Jason Statham (think, “The Transporter”). This ME2 movie appears to have been shared on the Popcorn Time software at the same time as the Septembers of Shiraz movie, the “The Cell” movie, among others.

You might think the plaintiff attorneys were using the Popcorn Time app to solicit who to sue.

On Friday, I referred to this lawsuit as the “third leg” because the three movies were often mentioned within the context of the other two when defending a John Doe Defendant in Gary Fischman and Josh Wyde‘s concurrent lawsuits (September Productions, Cell Film Holdings). My ‘gut’ understanding was that someone who inadvertently clicked on the “The Cell” movie also downloaded the Mechanic: Resurrection movie. Why? Because they were likely next to each other on the Popcorn Time PC or cell phone app.

WHY POPCORN TIME USERS CAN GET ACCUSED OF COPYRIGHT INFRINGEMENT

Popcorn Time developers and I have exchanged a number of heated arguments over the years. My primary objection to them is that they lure users in with their professional appearance, they offer a VPN claiming to ‘hide’ the identity of the user when searching for the movie, but as far as I can recall, the VPN is not used when the Popcorn Time software connects to the internet via BITTORRENT and creates a conduit through which the user can watch the copyrighted movie without a license. Because Popcorn Time connects to BITTORRENT to serve the movie to their end user (making the end user the downloader for copyright infringement and liability purposes), the end user’s internet IP address is shared by the software in the bittorrent swarm (which is then monitored by the copyright holder), which is how the end user gets ‘caught’ and sued in federal court for copyright infringement.

Again, my arguments with Popcorn Time happened over two years ago, and I do not monitor their software.  All I know from the attorney perspective is that I am still getting clients sued as “John Doe” defendants in a number of cases, and too many of them are telling me they never used bittorrent — only Popcorn Time on their phone, or on their computer.

Popcorn Time might be how defendants are getting caught, but this is not where the plaintiffs are getting their clients.

Now I do not know whether the plaintiff attorneys solicited the copyright holders for the Mechanic: Resurrection movie and sold their services to enforce the copyrights just as they are doing so for the other production companies.  What is becoming apparent to me is that attorneys Gary Fischman and Josh Wyde are working for a common copyright troll.  This ‘common troll’ seems to be behind each of the movie lawsuits.

I suspect there is a common ‘copyright troll’ behind each of the lawsuits.

Just as one tugs at a string until the whole thing unravels, I have been tugging at the various ‘copyright troll’ cases for years now, and the ME2 lawsuit just smells like a Voltage Productions, Inc. scenario.

What does that mean in the conspiracy world of copyright trolling? In the copyright troll world, you usually have one or more entities, most popularly, a German company named Guardaley with various companies here in the US who employ local attorneys to ‘shake down’ downloaders of their copyrighted films. Similarly, there is the Voltage Pictures, Inc. company (possibly linked with Guardaley, possibly not), which contacts copyright holders in the US, and offers to monetize the copyrights owned by those production companies.

This Voltage Pictures entity would be the ‘common troll’ in this theory.  Why?  Because Voltage Pictures is not loyal to Dallas Buyers Club.  There is nothing that would stop them from soliciting other movie copyright holders, and monetizing their copyrights as well.

How a common copyright troll would sue under many movie production studios

Whether Voltage Pictures, Inc. (or whoever is this ‘common troll’ — at the time of writing this article, I suspect them to be Voltage), here are the steps:

  1. This ‘common troll’ entity signs an agreement with a movie company to allow them to create an entity using that movie company’s name.
  2. The ‘common troll’ engages in business parading as that movie company when really they are merely the licensee (the one receiving the license from the movie company to make as much money as possible for that company).
  3. The ‘common troll’ sues downloaders of the copyrighted movie while parading to be that movie studio, when really, they are not the holder of the copyright rights.
  4. The ‘common troll’ then solicits other movie companies to repeat steps 1-3.

This ‘common troll’ theory, and the idea of one ‘common troll’ filing lawsuits pretending to be another company is a scam which evaded many people and judges, myself included, for a long time.

My source for suspecting Voltage as being the ‘common troll’ behind this scam: The Dallas Buyers Club vs. Dallas Buyers Club lawsuit.  Couple this with the commonalities I have been seeing between each case, it is becoming apparent that there is a ‘common troll’ suing under the names of different copyright holder movie companies and running the same scheme as we saw with the Dallas Buyers Club cases.

Specifically, how was this scam applied to the Dallas Buyers Club, LLC cases

When a client was sued by Dallas Buyers Club, LLC, unbeknownst to anyone, they were sued by Voltage Pictures, Inc.

Voltage Pictures Inc. masqueraded as Dallas Buyers Club, LLC.   They even set up local Texas business entities using the name “Dallas Buyers Club, LLC.”  The movie company itself could have been called “Dallas Buyers Club, Inc.” incorporated in some other state. This sounds like minutia, but in the eyes of the law, this is a serious misrepresentation, maybe even rising to the level of fraud.

Why Agency Law applies settlements made to a ‘common troll’ apply to the real copyright holder.

For the clients I defended over the years, a dismissal against Dallas Buyer’s Club, LLC is binding on the real Dallas Buyer’s Club copyright holder.  This is true regardless of whether Dallas Buyers Club was cheated by the Voltage attorneys who signed the agreement.  Whether in the end they did or did not pay Dallas Buyers Club the royalties and settlement payments they were due according to their agreement is not your concern.

The reason for this is because the Dallas Buyer’s Club attorneys were acting as the agents of the real Dallas Buyers Club movie entity.

Moving Forward with knowledge of their scheme.

Nevertheless, the ‘behind the scenes’ activity which is hidden from even my eyes until one entity sues the other still is interesting to one implicated in the lawsuit (and it is useful in the defense as well should we begin inquiring as to the identity of the so-called copyright holder suing the John Doe Defendants).

Why I rejected the idea that Gary Fischman solicited ME2 Productions to be his client.

Because I did not properly explain how the Dallas Buyers Club scam applied to the ME2 Productions cases, I was unhappy with last week’s article.

Based on the growing evidence behind the hypothesis that there was a ‘common troll’, I threw out the suspicion that the attorneys were soliciting their copyright holder clients.  Specifically, the ME2 client did not materialize because Gary Fischman (ME2’s local counsel here in Texas) went from one copyright holder to another trying to “drum up business” and acquire new clients.

Rather, I am sensing that each of the lawsuits they are filing are coming from the same singular entity.  My best guess is that this ‘common troll’ entity is Voltage Pictures, Inc.  Alternatively or concurrently, I also suspect the German company Guardaley, IPP, or some shell entity of theirs.

This ‘common troll’ entity would instruct their network of lawyers across the US to “sue these internet users for the download of this or that movie,” and not much effort would go into actual contact with the movie company itself who spent the time and effort to make, produce, and film that movie.

My gut feeling is that this “Voltage / Guardaley / IPP” ‘scheme’ of licensing copyright rights for the purpose of suing defendants using the same attorneys for each copyright lawsuit is a scam which goes to the heart of possibly ALL of the “copyright troll” lawsuits filed across the US.

WHY A FINANCIAL INCENTIVE TO LITIGATE CREATES AN OVERZEALOUS COPYRIGHT TROLL ATTORNEY

The difference between the other copyright infringement attorneys I have fought against and Gary Fischman (including his counterpart, Josh Wyde) is that these two are zealous in their representation of their client. They are quick to name and serve a defendant, and they are quick to drum up paperwork in a court proceeding.  This is why I suspected that they weren’t just running a commission-based copyright troll scheme, as some other copyright trolls clearly do.  Rather, I suspect that they are actually getting paid by the hour by the copyright holders (or the entities masquerading as the copyright holders), and thus their incentive to be litigious is higher than the average copyright troll.

This is relevant to the John Doe Defendant because unlike the usual copyright troll attorneys who file lawsuits across the US using templates provided to them by the copyright troll, in Texas, the plaintiff attorneys appear to be more litigious and more aggressive because they appear to be paid for their time.  Either that, or they really care about suing downloaders accused of piracy and believe in what they are doing.

TO VILIFY GARY FISCHMAN & JOSH WYDE, THE TEXAS ‘COPYRIGHT TROLL’ ATTORNEYS, OR NOT TO VILIFY…

Unfortunately, as much as I would like to vilify the Texas-based ‘copyright troll’ attorneys Gary Fischman and Josh Wyde for even taking on the clients who sue defendants for the download of copyrighted videos, I cannot do so without also mentioning that they have *helped* a number of my clients get out of precarious situations. On the flip side, one of them has grossly misrepresented articles I have written on this blog to the point of their filing to the court being an intentional misrepresentation — taking words I have written on the blog [about the option to ‘ignore’ a copyright infringement lawsuit and its repercussions] completely out of context for their own benefit, and they have sometimes been unfairly harsh and overzealous towards clients of mine for no apparent reason, …akin to a lawyer who zealously fights to defend a rapist because that lawyer believes that even the rapist has the right to a fair trial. Now copyright trolling is far less offensive than representing a rapist, but because a copyright infringement lawsuit can devastate the savings of the average family, I have seen too many lives destroyed by copyright infringement lawsuits and thus I see the copyright holders not as rapists, but rather, as predatory.

On my end, whether the John Doe Defendant downloaded the copyrighted title or not, I still feel good about defending them against the copyright holders. I acknowledge the damage piracy does to the copyright holders (as do many of my clients), but I do not believe someone who clicks on a link should be held liable for statutory damages of $150,000 in a copyright infringement lawsuit, and so I defend them; any of them, even the worst ‘offenders’. And yet, as damaging as piracy is said to be for the copyright holders, a John Doe Defendant is not a predator. Rather, the other side — the Voltage Pictures / Guardaley entities of the world — are the predators, so to speak, and I would not represent a predator just as I would not represent a rapist. But my opposing counsel would, which is what separates us.

Vilifying the attorney who sues you feels good to do, but really, it is their client who is the predator. And while I wouldn’t take such a predator as a client in my practice, I stop myself from vilifying the attorney who takes them on as a client.

This isn’t a “defense attorney, good, copyright troll attorney, bad” article. Rather, I am hoping that this article will serve to be an insight for the Texas John Doe Defendant into the mindset of the attorneys on the plaintiff attorney’s side (especially since most movie-based copyright infringement lawsuits are filed by the same attorney working for what I believe is the Voltage/Guardaley/IPP entity as their client), because understanding the motivations of both the attorneys and their underlying clients (and true nature of the entities filing the lawsuits and their motivations, sometimes for a ‘quick buck’) can be helpful when defending a John Doe Defendant who is accused of copyright infringement or negotiating a settlement when “the deed (the unlawful download) is known and can be proven.”

KNOWN Texas Southern District Court ME2 Cases [Filed in 2017]:
Attorney: Gary Fischman (Fischman Law PLLC)

ME2 Productions, Inc. v DOES (Case No. 4:17-cv-00695)
Filed: March 4, 2017, Judge: Vanessa D. Gilmore

ME2 Productions, Inc. v. DOES (Case No. 4:17-cv-00501)
Filed: Feb 15, 2017, Judge: TBA

ME2 Productions, Inc. v. Does 1-12 (Case No. 4:17-cv-00404)
Filed: Feb 09, 2017, Judge: TBA

ME2 Productions, Inc. v. DOES (Case No. 4:17-cv-00275)
Filed: Jan 27, 2017, Judge: TBA

ME2 Productions, Inc. v. Does (Case No. 4:17-cv-00143)
Filed: Jan 17, 2017, Judge: TBA

Again, for an analysis of the other ME2 Productions, Inc. bittorrent-based cases filed across the US, click here. I hope this article has been insightful.


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.

ME2 Productions Bittorrent Lawsuits Have Come To Houston, TX

Introducing the ME2 Productions (“Mr. Church”) Move Lawsuits

Because the “ME2 Productions, Inc.” copyright infringement lawsuits appear to be the ‘third leg’ to the “September Productions, Inc.” (leg 1) and the “Cell Film Holdings, LLC” (leg 2) lawsuits, I felt compelled to write something about it.

This third leg of cases, each of which have been filed by Gary Fischman and Josh Wyde consist of four cases (and counting), each filed here in the TX Southern District Court. ME2 Productions, Inc. itself [through their local counsel across the US] has filed 112 cases so far, and each case appears to be following the same template. There are 10-20 John Doe Defendants per case, and the cases are spaced apart when filed, hoping that no proactive judge receives and consolidates all of the cases in one federal district (this has not yet happened in Texas).

ME2 CASES ARE STILL IN THEIR INFANCY IN TEXAS.

In Texas, the ME2 cases are still in their infancy, and all that has happened is that judges have rubber stamped what are called “expedited discovery” requests to allow the plaintiff attorneys to force the ISP(s) to send subpoenas to the account holders of those IP addresses where unlawful downloading is claimed to have happened.

As of writing this message, the Comcast / XFinity ISP has received three subpoenas, and has sent letters to the accused account holders (the “John Doe Defendants”) indicating that they should file an objection to the subpoena with the court before the ISP is forced to hand out the subscriber information to the plaintiff attorney.

As of now, there are three known ‘deadlines’ to file an objection (e.g., motion to quash) with the court — 3/2, 3/16 and 3/20 — corresponding to three of the four cases so far filed in Texas. I’ll update this article with the fourth date as soon as I get it.

WHAT MOVIE IS BEHIND THE ME2 CASES?

More generally, ME2 Productions, Inc. is suing for copyright infringement based on the the illegal download of the Mechanic: Resurrection movie, starring Jason Statham and Jessica Alba. (NOTE: If you are considering downloading any of the Transporter movies also with Jason Statham, I wouldn’t be surprised if we see lawsuits from the production companies for those movies as well in the near future based on a trend I’ve noticed in the past. Also be on the lookout for lawsuits for the ‘Transporter’ movies as well for this same reason).

NOTICING A CONNECTION BETWEEN THE ME2 AND EARLIER LAWSUITS.

Based on my conversations with the plaintiff attorneys who are attempting to sue downloaders of the Mechanic: Resurrection title, I understand that a number of those implicated in these lawsuits may have also been implicated in the September Productions, Inc. v. Does lawsuits for the download of the Septembers of Shiraz video and possibly also the Cell Film Holdings, LLC v. Does lawsuit for the download of the “The Cell” video.

For some reason, these three videos appear to be a trio, perhaps because they were shared on the piracy websites or Popcorn Time software platforms at the same time, or that there is some ‘contractual’ connection between the three movies (e.g., perhaps Voltage Pictures has signed an agreement with each of the three copyright holders giving Voltage a right to take on the movie production’s company name as they did with Dallas Buyers Club, LLC, to act and to sue on their behalf in order to ‘monetize’ and enforce the copyright rights those productions companies have from the creation of the copyrighted films).

I wrote this last paragraph very quickly, without much explanation. Do you even care if the company suing you is really Voltage Pictures, Inc. who has contacted the movie companies and said, “sign a contract with me — I’ll sue in your name and get lots of settlement money for you”? Bottom line, you are implicated as a John Doe Defendant in what looks to be a copyright troll lawsuit, Comcast is about to hand over your information to plaintiff attorneys Joshua Wyde and Gary Fischman, and you are staring down the barrel of a $150,000 copyright infringement for clicking and possibly watching a movie that may not have been any good.

WHY THESE CASES ARE BOTH SIMILAR AND SLIGHTLY DIFFERENT FROM CONVENTIONAL COPYRIGHT TROLL CASES.

In sum, whether this lawsuit indeed falls under “copyright troll” status or not, the plaintiff attorneys have taken great strides to mask the true nature of this lawsuit, namely, that this lawsuit will likely not go to trial for any of the defendants, because it is not economically profitable for the copyright holder (or Voltage Pictures, if this is the case) to spend the money to chase some student in Houston, TX and force a $150,000 judgment on them that the student will never and could never pay. Yet based on the documents I have seen these attorneys file in the court (sometimes even quoting this blog), they seem to want to litigate.

Whether they are paid hourly by their copyright holder clients (the production companies) or whether the simply take a commission based on a percentage of the settlement amount they elicit from the defendants (my gut feeling is that they are actually being paid hourly by their clients which gives them an incentive to spend more time filing documents in the court) they do spend significant amounts of time drafting motions, and they do spend the money to name and serve defendants, and they DO fight the case *as if* they were taking each John Doe Defendant to trial. Whether this is because they are trying to overcome the bias the federal judges in Texas have against the pornography bittorrent cases which wasted the past seven years of the court’s time or because they are trying to prove the legitimacy of bittorrent based copyright infringement lawsuits, bottom line, they are fighting these cases differently from the way other plaintiff attorneys have fought them in recent years.

What to do if you are sued for a movie you did not download?

So here is the solution. If you did not download the Mechanic: Resurrection movie, then fight back. Hire an attorney (me, or any other attorney) to fight your case. If you did the download, well, there are also solutions found with an attorney, but you knew this already, and it will require both sides to be reasonable to come to an amicable solution.

I did not mention this before, so I am mentioning this here since it is relevant — it is not profitable for a movie company to bring a copyright infringement lawsuit to trial. This gives us on the defense side leverage to either come to an amicable solution, or to fight back and force them to dismiss. The plaintiff attorneys Josh Wyde and Gary Fischman will fight back, but facts are facts, and justice is for the most part blind. If they cannot prove that it is more likely than not that you were the downloader of the copyrighted movie, then they cannot find you guilty for copyright infringement.

An unintended consequence of fighting back.

NOTE: An unintended consequence of fighting back from a purely academic perspective is that doing so forces the copyright holders to focus their set of John Doe Defendants to those downloaders to whom they can prove did the download, because each ‘misfire’ (meaning, each John Doe Defendant who did not do the download and who fights back) costs the copyright holder severely, and we have said for years that this would be the demise of the ‘copyright troll’ model if they sue without vetting their data as to which John Doe Defendants apparently did what and when. Make it too expensive to blindly name and serve (without vetting the John Doe Defendants first), and their model falls. However, fight back, and they will focus and limit their list of John Doe Defendants to those who subscribers (or their family members) who actually did the downloading, and this will only feed back into their cash stream by encouraging settlements to avoid being named and served, sued, and found liable for copyright infringement. It’s a messy problem.

Known Mechanic:Engineering Movie Lawsuits Filed in TX

KNOWN Texas Southern District Court ME2 Cases [Filed in 2017]:
Attorney: Gary Fischman (Fischman Law PLLC)

ME2 Productions, Inc. v DOES (Case No. 4:17-cv-00695)
Filed: March 4, 2017, Judge: Vanessa D Gilmore

ME2 Productions, Inc. v. DOES (Case No. 4:17-cv-00501)
Filed: Feb 15, 2017, Judge: TBA

ME2 Productions, Inc. v. Does 1-12 (Case No. 4:17-cv-00404)
Filed: Feb 09, 2017, Judge: TBA

ME2 Productions, Inc. v. DOES (Case No. 4:17-cv-00275)
Filed: Jan 27, 2017, Judge: TBA

ME2 Productions, Inc. v. Does (Case No. 4:17-cv-00143)
Filed: Jan 17, 2017, Judge: TBA

For an analysis of the other ME2 Productions, Inc. bittorrent-based cases filed across the US, click here.


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