Category Archives: Pennsylvania (PA)

UN4 Productions movie lawsuits spread with Boyka: Undisputed 4

UN4 Productions ISP Subpoenas sent

I don’t take pleasure in writing this, but there is a new copyright troll on the block named UN4 Productions, Inc. (a Millennium Films company). For the past two weeks, UN4 Productions ISP subpoenas have been going out to internet users informing them that they have been implicated as being a John Doe defendant in the UN4 Productions lawsuit (a.k.a. the Boyka: Undisputed 4 lawsuit). Each lawsuit claims copyright infringement damages of $150,000 for the illegal download or streaming of the Boyka: Undisputed 4 movie using bittorrent, or some other streaming device.

The name Boyka generally means “One Who Terrifies in Battle,” fitting for a gory fighting movie. Boyka: Undisputed 4 focuses on the story of Yuri Boyka, a mixed martial arts fighter.

Boyka: Undisputed 4 Video Trailer (click here)

Why the Boyka: Undisputed 4 ISP subpoenas mirror what we have seen

As soon as I looked into this new copyright troll, I realized that this is a “wolf in sheep’s clothing” copyright troll. The UN4 Productions ISP subpoena that you just received in the mail is coming from the same copyright enforcement entity (think Carl Crowell, or who just finished sending you bittorrent lawsuits for the ME2 Productions movie lawsuits, the Cook Productionsmovie lawsuits, the I.T. Productions movie lawsuits, LHF Productions movie lawsuits (think, London Has Fallen), and so many others.

Are the Boyka: Undisputed 4 movie lawsuits targeting a particular ethnic group??

The difference here with the Boyka: Undisputed 4 lawsuit is that this pirated movie has been dressed up as an ethnic movie (the previews I saw had arabic subtitles). Think, ME2 Productions, Inc. with no shirt, ripped bloody muscles, adrenaline-pumping punches all in line with the three previous Undisputed 4 movies [Undisputed (2002), Undisputed II: Last Man Standing (2006), and Undisputed III: Redemption (2010]).

UN4 Productions ISP subpoenas sent for the Boyka: Undisputed movie lawsuit
antfrank / Pixabay

“tracking an ethnic-based movie based on a specific nationality”

Again, just in case you did not get my innuendo. The twisted offense here with the Boyka: Undisputed 4 lawsuit is that the  UN4 Productions copyright trolls have developed a new way of catching people — by tracking an ethnic-based pirated movie based on a specific nationality.  They spread a fishnet, monitor the downloads, and vwallah!  They catch bittorrent downloaders with ethnic names. When that defendant claims “it isn’t me who did the download!” the plaintiff attorney just chuckles at Youssef, Oleksiy, Omar, or whichever ethnic name just happened to be the same ethnic group or nationality for whom the movie was made.

UN4 Productions ISP subpoenas sent for the Boyka: Undisputed movie lawsuit

How you can understand the Boyka: Undisputed 4 cases

First of all, at some point this evening, I will be writing a FAQ page so that you can understand what is going on with your Boyka: Undisputed 4 lawsuit.  I will be posting that link here.

To keep things simple, when you think of the UN4 Productions ISP subpoena you just received, or when you think about the Boyka: Undisputed 4 movie lawsuit, just think to yourself, “this is ME2 Productions in disguise. Same rules apply.” With the UN4 Productions lawsuit, the plaintiff attorney lawyers are exactly the same lawyers as with the ME2 Productions, Cook Productions, LHF Productions lawsuits we’ve been seeing for months now.

Thus, you must come to the logical conclusion that the Boyka: Undisputed 4 movie lawsuit is simply another Carl Crowell ( common troll lawsuit with the same attorney characters we have seen before. We can infer that behind the scenes, the common troll entity (with MPAA’s blessing) approached the real production company of the Boyka: Undisputed 4 movie, and offered to license the rights to monetize the copyright rights on behalf of the Boyka: Undisputed 4 copyright holder (this means, sue defendants, extort multi-thousand dollar settlements from each John Doe Defendant, name some, dismiss some).

How we at the Cashman Law Firm, PLLC understand the Boyka: Undisputed 4 cases.

In sum, because we know the copyright enforcement entity behind the scenes of this lawsuit (think, APMC, or Anti-Piracy Management Company), and because we know the proclivities of the plaintiff attorneys (who names and serves, who settles, etc.) coupled with the federal judges who are assigned the various cases in each federal district court, we can predict with some relative certainty what will happen in each case.

Whether that means filing a motion to quash an ISP subpoena, whether that means we will recommend that we defend your case, or whether we settle the claims against you or simply convince the plaintiff attorneys that it was not you who did the download (no settlement representation), there are a number of options we could take to represent our clients in these cases.

Here are the cases:

UN4 Productions ISP subpoenas ordered in the Colorado District Court
[Most cases assigned to Judge Wiley Y. Daniel]
UN4 Productions, Inc. v. Doe 1 et al (Case No. 1:17-cv-01419, Case No. 1:17-cv-01477, Case No. 1:17-cv-01577, Case No. 1:17-cv-01253, Case No. 1:17-cv-01299)

UN4 Productions ISP subpoena ordered in the Hawaii District Court
… v. Doe 1 (Case No. 1:17-cv-00282)

UN4 Productions ISP subpoenas ordered in the Illinois Northern District Court
UN4 PRODUCTIONS, INC. v. DOES 1-22 (Case No. 1:17-cv-04865)
… v. DOES 1-25 (Case No. 1:17-cv-04868)
… v. DOES 1-21 (Case No. 1:17-cv-04866)
… v. DOES 1-18 (Case No. 1:17-cv-04863)
… v. DOES 1-23 (Case No. 1:17-cv-04861)

UN4 Productions ISP subpoenas ordered in the Indiana Northern & Southern District Courts
UN4 Productions, Inc. v. Doe 1 et al (Case No. 3:17-cv-00473, Case No. 1:17-cv-00257, Case No. 1:17-cv-00228, Case No. 1:17-cv-02037, Case No. 1:17-cv-02070, Case No. 1:17-cv-01710)

UN4 Productions ISP subpoenas ordered in the New York Eastern & Southern District Courts
UN4 Productions, Inc. v. Doe- et al (Case No. 1:17-cv-03621)
… v. Doe- et al (Case No. 1:17-cv-03278)
… v. Doe- et al (Case No. 1:17-cv-04817)

UN4 Productions ISP subpoenas ordered in the North Carolina Eastern District Court
UN4 Productions, Inc v. Doe 1 et al (Case No. 5:17-cv-00278, Case No. 5:17-cv-00286, Case No. 5:17-cv-00317, Case No. 5:17-cv-00232, Case No. 7:17-cv-00109)
UN4 Productions, Inc v. John Doe 1-12 (Case No. 5:17-cv-00238)

UN4 Productions ISP subpoenas ordered in the North Carolina Middle District Court
… v. DOES 1-10 (Case No. 1:17-cv-00502)
… v. DOES 1-10 (Case No. 1:17-cv-00528)
… v. DOES 1-12 (Case No. 1:17-cv-00444)
… v. DOE 1, et al. (Case No. 1:17-cv-00453)

UN4 Productions ISP subpoenas ordered in the North Carolina Western District Court
… v. Does (Case No. 3:17-cv-00295, Case No. 3:17-cv-00297, Case No. 3:17-cv-00315, Case No. 3:17-cv-00329, Case No. 3:17-cv-00282, Case No. 3:17-cv-00284)

UN4 Productions ISP subpoenas ordered in the Ohio Northern & Southern District Courts
… v. Does (Case No. 3:17-cv-01190)
… v. Does 1-11 (Case No. 5:17-cv-01185)
… v. Does 1-12 (Case No. 1:17-cv-00388)
… v. Does 1-11 (Case No. 2:17-cv-00492)

UN4 Productions ISP subpoenas ordered in the Oregon District Court
… v. Doe- (Case No. 3:17-cv-00721)
… v. Doe- (Case No. 3:17-cv-00722)

UN4 Productions ISP subpoenas ordered in the Pennsylvania Eastern District Court
… v. JOHN DOES 1-9 (Case No. 2:17-cv-02481)
… v. JOHN DOES 1-15 (Case No. 2:17-cv-02768)

UN4 Productions ISP subpoenas ordered in the Texas Southern District Court
… v. Doe 1 et al (Case No. 4:17-cv-01685)
… v. Does 1-13 (Case No. 4:17-cv-01788)
… v. Does 1-13 (Case No. 4:17-cv-01834)

UN4 Productions ISP subpoenas ordered in the Washington Western District Court
[Most cases assigned to Judge Robert S. Lasnik]
… v. Doe 1 et al (Case No. 2:17-cv-00892, Case No. 2:17-cv-00786, Case No. 2:17-cv-00785)

WWE Studios Finance Corp. (“Eliminators”) Charles Rainey to be sanctioned?

What just happened in Nevada with the Eliminators Movie lawsuits?

WWE Studios Finance Corp. Nevada attorney Charles Rainey just sent what appear to be unauthorized subpoenas to CenturyLink subscribers accused of downloading their “Eliminators” movie. The last time an attorney made such a mistake was in 2011, and that attorney (Evan Stone) got sanctioned for the same conduct.

How did we know about the Eliminators movie lawsuit so early in the process?

Last Friday in my RIGHTSENFORCEMENT (NEW MPAA MOVIE COMPANIES GONE COPYRIGHT TROLL) article, I provided a new list of movies which RIGHTSENFORCEMENT listed on their website as “new clients.” I predicted that they would soon be filing lawsuits based on these movies. That same day, my prediction came true (I wasn’t expecting lawsuits for the Eliminators movie for another few months, as this same ‘common troll’ entity is still focusing their efforts on the ME2 Productions (Mechanic:Resurrection movie) lawsuits, the Cook Productions (Mr. Church) lawsuits, and the I.T. Productions (I.T. Movie) lawsuits).

WWE Studios Finance Corp. [now joining the ranks of many shell entities suing on behalf of a ‘common troll‘ entity], just filed suit against a small group (under 100) John Doe Defendants in Connecticut (CT), Hawaii (HI), Pennsylvania (PA), and Nevada (NV).

WHAT IS A ‘COMMON TROLL’ ENTITY?:  A ‘common troll’ entity is one that contacts a movie production company for a failed movie (e.g., a “flopper”), and convinces it to license the rights to sue defendants who view their films without authorization (e.g., via bittorrent or Popcorn Time).  That ‘common troll’ entity then sets up a shell corporation (or, enlists some other limited liability entity) masquerading as the copyright holder itself and sues defendants in federal court for copyright infringement on the copyright holder’s behalf.

WWE Studios Finance Corp. is claiming copyright infringement for the unlawful download of the “Eliminators” movie. Here is a snapshot of that title from the RIGHTSENFORCEMENT copyright troll’s own site (noting its placement among other movies, which I believe will soon be subject of future lawsuits):
wwe-studios-finance-corp-eliminators-imageThe purpose of this article, however, is not to discuss the WWE Studios Finance Corp. movie lawsuits, but to discuss their Nevada attorney, Charles Rainey of Hamrick & Evans, LLP (let’s hope they have some good malpractice insurance based on what I am about to share).

Who is WWE Studios’ plaintiff attorney Charles Rainey?

Charles Rainey is the plaintiff attorney / copyright troll attorney filing all of the WWE Studios Finance Corp. (Eliminators movie) lawsuits on behalf of his ‘common troll‘ (Guardaley / MPAA) client. I was looking at the docket for his WWE Studios Finance Corp. v. John and Jane Does (Case No. 2:17-cv-00899) case, and it occurred to me that Charles Rainey sent subpoenas out to CenturyLink subscribers WITHOUT AUTHORIZATION FROM THE JUDGE.

What is your proof that this sanctionable conduct occurred?

Here is a copy of the court’s docket — you’ll notice NO AUTHORIZATION from Nevada Magistrate Judge Cam Ferenbach giving him permission to send the subpoenas, and sending subpoenas without explicit authorization to do so can land the copyright troll attorney with SANCTIONS from the court.


What support do you have that sending subpoenas to ISPs without court authorization is sanctionable conduct?

If you are an attorney and you were practicing back in 2011 (or if you were following cases even back then), you might remember the last time an attorney did that. Does the name Evan Stone out of Dallas, TX sound familiar to you?

Read about what happened to copyright troll Evan Stone when he did the same thing.

In short, before WWE Studios (Eliminator movie) copyright troll attorney Charles Rainey even asked the court for permission as to whether WWE Studios could send the subpoenas to unmask the identities of the John Doe Defendants implicated in his Nevada cases, “he will have already received identifying information of the CenturyLink subscribers and will have already been communicating with the John Doe Defendants in this case (and possibly others), likely to discuss or extort a settlement from each defendant… all this before the court even gave him permission to ask for the identities of the John Doe Defendants.”

Can you complain to the judge on our behalf as our attorney?

Yes.  Now obviously, Nevada District Magistrate Judge Cam Ferenbach (and Nevada District Judge Jennifer A. Dorsey) likely do not yet know that Charles Rainey had the chutzpah (using the language from the Evan Stone sanctions) to subpoena the names of the defendants without their authorization.  But now they will know about it, and if you are a WWE Studios Finance Corp. v. John and Jane Does Defendant, you should certainly complain about this because Charles Rainey is not yet entitled to know who you are.

What is your opinion about sanctions, and would $10,000 sanctions be appropriate?

As an attorney, I don’t like seeing any attorney get sanctioned.  However, copyright trolls and their attorneys engage in what is known as an abuse of process, or more easily said, an abuse of the court’s resources.  They pay the court one $400 fee to file the case against multiple defendants, and they cost the judge many months of time adjudicating the case when in reality, they are using the lawsuit as a mechanism to shake down John Doe defendants accused of unlawfully viewing their client’s movies.

When calculating sanctions, such a calculation should be commensurate with the amount of money that attorney has unlawfully collected through his scheme (and I wouldn’t find it objectionable to expand the scope of the sanctions investigation into other settlement amounts received on behalf of the same copyright troll ‘common troll’ entity filed in this same court).

In the case of Evan Stone, he collected tens (possibly hundreds) of settlements at $2,500 per settlement, and that is why I thought $10,000 sanctions against Evan Stone was inappropriately low — it only amounted to FOUR settlements.

Here with this WWE Studios Finance Corp. entity (and more particularly, the ‘common troll’ entity behind the scenes and in the shadows), settlement amounts are significantly higher than in 2011 when Evan Stone filed his lawsuits in the Dallas, TX federal courts.

This same entity filing this “Eliminators” movie lawsuit also is also filing the ME2 Productions (Mechanic:Resurrection movie) lawsuits, the Cook Productions (Mr. Church) lawsuits, the I.T. Productions (I.T. Movie) lawsuits, and has also filed hundreds of others over that past five years.  From this history, we already know that settlement amounts solicited can be as low as $3,500, and as high as $8,000.

Thus, if the court decided to sanction Rainey for this same conduct that the Texas Northern District Court sanctioned Evan Stone in 2011, it should be commensurate with the settlement amounts Charles Rainey is soliciting and bringing in for his ‘common troll’ client.  Plus, we are six years and literally 6,000+ copyright troll cases after the Evan Stone cases were filed, where copyright trolling and the process of obtaining early discovery from the court is well known.  Thus, any attorney who sends subpoenas to ISP [without authorization from the court] forcing them to disclose the identities of their subscribers should know better.

FOR IMMEDIATE CONTACT WITH AN ATTORNEY: Click here for more general information about WWE Studios Finance Corp. lawsuits (I will be creating the page shortly), their known tactics, and their strategies.  To set up a free consultation to speak to an attorney about your WWE Studios Finance Corp. lawsuit, click here.  Lastly, please feel free to e-mail me at [email protected], or call 713-364-3476 to speak to me now about your case (I do prefer you read the articles first), or to get your questions answered.

List of WWE Studios Finance Corp. Lawsuits for the Eliminators Movie By State:

In the Connecticut District Court:

WWE Finance Studio Corporation v. Does 1-14 (Case No. 3:17-cv-00572)

In the Hawaii District Court:

WWE Studios Finance Corp. v. Does 1 Through 16 (Case No. 1:17-cv-00165)

In the Pennsylvania Eastern District (PAED) Court:

WWE STUDIOS FINANCE CORP. v. JOHN DOES 1-8 (Case No. 2:17-cv-01617)

In the Nevada District Court:

WWE Studios Finance Corp. v. John and Jane Does (Case No. 2:17-cv-00899)
WWE Studios Finance Corp. v. John and Jane Does (Case No. 2:17-cv-00897)
WWE Studios Finance Corp. v. John and Jane Does (Case No. 2:17-cv-00896)

CONTACT FORM: Alternatively, sometimes people just like to contact me using one of these forms.  If you have a question or comment about what I have written, and you want to keep it *for my eyes only*, please feel free to use the form below. The information you post will be e-mailed to me, and I will be happy to respond.

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