Paul Nicoletti

Understanding the patterns of filings by Malibu Media, LLC.

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malibu-media-case-consolidations

It is difficult to track the activities of a copyright troll such as Malibu Media, LLC, especially when they are filing hundreds of “single John Doe” lawsuits across the U.S.  However, when there is a momentous ruling by a federal U.S. District Court Judge such as the one we saw yesterday in New York, then the story begins to reveal itself.

A few weeks ago, I noticed that there was a shift in the locations where Malibu Media, LLC was filing their cases. Cases began to shift into Ohio (OHND, OHSD), Virginia (VAED), and Pennsylvania (PAED) federal courts (courts which I refer to as “safe haven” courts because of past rulings by judges who allowed Malibu’s cases to proceed unhindered), however I did not understand why.

It was only until a recent conversation with one of Malibu’s local counsel that I understood that they were already aware that this ruling was coming down, and so they shifted their filings into other federal courts in other parts of the country to counterbalance what could be a shift in the law of the New York federal courts.  Call this the dirty word “forum selection,” or call it whatever you would like, but there is a pattern which can be graphed like birds flocking across the U.S. based on rulings that happen in the federal courts.

In sum, in my jaded view over the past five years of dealing with nothing but these bittorrent cases, there is no way to shut down the Malibu Media, LLC copyright infringement / “extortion” machine, as this requires participation from every judge in every federal district court. And, it is a difficult task to break the “my court, my world, my rules” mentality that so many appointed federal judges have (where their appointments often have political leanings or where there is a loyalty to a certain belief system or group).

Specifically, even with an appointed federal judge with a political proclivity to a certain viewpoint, it becomes even more difficult to break the lobbyists’ (such as the MPAA / RIAA copyright anti-piracy lobby) grip, which whisper in the judges’ ears (rich with funding and which no doubt influence decisions across the U.S. [and I dare not bring the question of whether the judges are influenced by bias or “gifts” from these lobbyists (legal or otherwise), and I say this because there have been more than a few questionable rulings which suggest to me that at the very least, certain federal judges have a leaning towards one side or the other and where the law is clear, they still differ to allow the copyright holder to prevail]).

In sum, we have a legal system where when a judge upholds the law, he is lauded and congratulated as if he did something wonderful, when upholding the law was the job in which he was appointed to do and which he took an oath to uphold.

There are easy solutions to wipe out Malibu Media, LLC, and every other copyright troll out there who abuses the legal system in order to extort massive settlements from their defendants, however, the country appears not to be ready to address the issue. Senators, congressmen, federal judges, I don’t have anything to say except to do the right thing. And in the merit of judges such as District Judge Hellerstein, Judge Wright, and many other lone wolf judges who do uphold the law, you have my respect and my continued devotion.

Below are the most recent 100 Malibu Media, LLC filings, filed literally only in the past few weeks. You’ll notice, not one of them was filed in the Southern District of New York (or ANY New York federal court. I wonder why.)

OHIO NORTHERN DISTRICT COURT (Yousef M. Faroniya of Law Office of Yousef M. Faroniya)
Malibu Media, LLC v. John Doe (Case No. 3:15-cv-01340)
Malibu Media, LLC v. John Doe (Case No. 5:15-cv-01341)
Malibu Media, LLC v. John Doe (Case No. 5:15-cv-01343)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-01342)
Malibu Media, LLC v. John Doe (Case No. 3:15-cv-01345)
Malibu Media, LLC v. John Doe (Case No. 3:15-cv-01346)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-01339)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-01344)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-01316)
Malibu Media, LLC v. John Doe (Case No. 4:15-cv-01312)
Malibu Media, LLC v. John Doe (Case No. 5:15-cv-01319)
Malibu Media, LLC v. John Doe (Case No. 3:15-cv-01317)
Malibu Media, LLC v. John Doe (Case No. 5:15-cv-01315)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-01314)

OHIO SOUTHERN DISTRICT COURT (Yousef M. Faroniya of Law Office of Yousef M. Faroniya)
Malibu Media, LLC v. John Doe (Case No. 3:15-cv-00235)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-02516)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-02518)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-02515)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-02477)
Malibu Media, LLC v. John Doe (Case No. 3:15-cv-00236)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-02517)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-02519)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-00435)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-02456)
Malibu Media, LLC v. John Doe (Case No. 3:15-cv-00230)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-00423)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-02453)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-02454)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-00422)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-02455)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-02457)
Malibu Media, LLC v. John Doe (Case No. 3:15-cv-00224)
Malibu Media, LLC v. John Doe (Case No. 3:15-cv-00224)
Malibu Media, LLC v. John Doe (Case No. 3:15-cv-00228)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-02452)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-00420)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-00421)

VIRGINIA EASTERN DISTRICT COURT (William E. Tabot of William E. Tabot PC)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-00855)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-00851)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-00859)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-00860)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-00852)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-00862)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-00865)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-00856)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-00853)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-00861)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-00857)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-00863)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-00866)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-00850)

PENNSYLVANIA EASTERN DISTRICT COURT (Christopher P. Fiore of Fiore & Barber LLC)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-03598)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-03600)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-03602)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-03604)
Malibu Media, LLC v. John Doe (Case No. 5:15-cv-03599)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-03601)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-03603)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-03605)

MARYLAND DISTRICT COURT (Jon A. Hoppe of Maddox Hoppe Hoofnagle & Hafey LLC)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-01851)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-01864)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-01865)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-01855)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-01861)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-01862)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-01869)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-01854)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-01866)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-01868)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-01859)
Malibu Media, LLC v. John Doe (Case No. 8:15-cv-01858)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-01871)
Malibu Media, LLC v. John Doe (Case No. 8:15-cv-01863)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-01853)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-01867)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-01870)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-01857)
Malibu Media, LLC v. John Doe (Case No. 8:15-cv-01856)

NEW JERSEY DISTRICT COURT (Patrick J. Cerillo – Attorney at Law)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-04307)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-04309)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-04276)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-04305)
Malibu Media, LLC v. John Doe (Case No. 3:15-cv-04287)
Malibu Media, LLC v. John Doe (Case No. 3:15-cv-04288)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-04308)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-04304)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-04275)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-04278)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-04310)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-04272)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-04273)
Malibu Media, LLC v. John Doe (Case No. 3:15-cv-04269)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-04230)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-04232)
Malibu Media, LLC v. John Doe (Case No. 3:15-cv-04243)

MICHIGAN EASTERN DISTRICT COURT (Paul J. Nicoletti of Nicoletti Law PLC)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-12293)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-12294)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-12274)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-12283)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-12290)

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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.

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    Florida ‘Manny Film LLC v. John Doe’ cases receive scrutiny from proactive federal judge.

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    Florida Manny Film cases receive scrutiny from a proactive federal judge.

    3/17 UPDATE: Judge Matthewman filed the identical “order to show cause” as described in yesterday’s “Florida ‘Manny Film LLC v. John Doe’ cases suffer a black eye (FLSD)” article. (Thanks to SJD @fightcopytrolls’ Twitter post [and link] for tipping me off to this trend.)

    What this means is that as of this afternoon, the judge has begun to scrutinize the other Manny Film, LLC cases filed in the Florida Southern District Court (this time, Case No. 9:15-cv-80298). This one is due April 1st, 2015. I would not be surprised if the judge continues to go down the list of “Manny Film” cases filed in the Florida Southern District Court and kills each one, one “order to show cause” at a time.

    It is also important to note that in my estimation, the Manny Film LLC lawsuits are “cut-and-paste” lawsuits copied from the Malibu Media, LLC lawsuits filed across the United States.  Unfortunately for Keith Lipscomb (the mastermind behind each of the Malibu Media, LLC lawsuits, and now, the mastermind behind each and every Manny Film LLC lawsuit soon-to-be-filed across the U.S. District Courts), these ‘orders to show cause’ pose an existential threat to not only the Florida-based federal cases, but also to the other Manny Film LLC cases filed in the other federal district courts (upon which these Florida federal cases [when considered by the other federal judges] will be PERSUASIVE).

    EDUCATIONAL NOTE: Even if all of the Manny Film LLC cases go away, the “Florida ‘Manny Film LLC v. John Doe’ cases suffer a black eye (FLSD)” article is still helpful to discuss the concept that “an IP address (even one tracked to a particular defendant’s address using “solid” geolocation software) is INSUFFICIENT to identify and sue the account holder as the defendant in a bittorrent copyright infringement lawsuit.” Using the geolocation data alone as their source of “evidence” to support their claim of copyright infringement, a plaintiff cannot properly state that the defendant 1) lives in the district for venue purposes, and 2) the plaintiff arguably even “fails to state a claim” against the accused defendant (FRCP Rule 12(b)(6) language) because such geolocation software “evidence” does not prove (or sufficiently state) that the accused defendant is the downloader.

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    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.

      shalta boook now cta

      Dallas Buyers Club rivals adult film bittorrent lawsuits in quantity of lawsuits.

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      Dallas Buyers Club filings have reached a quantity of lawsuits — so much so that they rival the hundreds of adult film lawsuits that flood the federal courts.

      As a quick recap, the Dallas Buyers Club, LLC piracy lawsuits started in Texas and Ohio, and like a cancer, over the past year they have metastasized into the federal courts of Illinois, Florida, Oregon, Washington, Colorado, Michigan, Indiana, Wisconsin, and even Hawaii.  Copyright lawyers employed by Dallas Buyers Club have even moved their copyright enforcement activities offshore into Canada, Australia, Finland, Denmark, and Japan.

      Regardless of where they go, their business model is the same — Voltage Pictures, LLC or Dallas Buyers Club, LLC files a peer-to-peer lawsuit alleging copyright infringement against multiple John Doe Defendants (generally referred to by plaintiffs as “pirates”), they convince a federal judge to rubber-stamp a subpoena demanding that the ISP turn over the contact information of the accused account holders unless the accused account holders file what is known as a “motion to quash.”  The target of the subpoena is almost always the account holder, implying that the account holder is the actual downloader or infringer who downloaded the Dallas Buyers Club (2013) movie.  The plaintiff attorney then sends one or multiple settlement demand letters to the accused downloaders in each case threatening that each will be “named and served” as a defendant in the lawsuit unless they pay a settlement of thousands of dollars (settlement requests average $3,500 to $6,500 [and in one case, $14,000, really?] depending on the state in which the lawsuit is filed).

      Where the settlement demand letters blur the line of ethics is that many plaintiff attorneys employ scare tactics, making the John Doe Defendant believe that the lawsuit has already been filed against them personally.  Various attorneys have sent accused downloaders “waiver of service” forms and questionnaires along with their settlement demand letters suggesting that the not-yet-named-defendants answer these questions voluntarily, or that they waive service effectively negating the need for the plaintiff attorney to name and serve them as a defendant.

      What bothers me is that because Dallas Buyers Club is not an “adult film” copyright infringement lawsuit (but rather, a “real” movie with a valid copyright and without the stigma of being an adult film), the federal judges are giving them leeway to move in and out of the federal courts to “enforce” their copyrights.  In U.S. copyright law, there is a legal presumption of validity, which means that a judge will initially lean towards favoring the copyright owner until that copyright owner has been shown to be abusing the legal process through a pattern of abuse.  Attorneys for copyright holders who represent the plaintiff generally (in our blog and in the eyes of the courts) get increased scrutiny because they have represented other copyright holders in similar lawsuits employing the same strategy of “sue and settle, but try not to name and serve [and if you do, bluff to the judge that you are prepared to go to trial on the merits of the case].”

      These lawyers who file Dallas Buyers Club lawsuits (these are those who sue defendants, NOT those who defend defendants) include a growing list of attorneys, such as: Keith Vogt (Texas), Michael Hierl (Illinois), David Stephenson Jr. (Colorado), Eric Osterberg (Connecticut), Richard Fee (Florida), Paul Nicoletti (Michigan), Carl Crowell (Oregon), Leon Bass (Ohio), and Gregory Ferren (Hawaii).

      Many of these names are familiar to those who have followed our “copyright troll” / bittorrent lawsuit blogs over the years, and we often see these names representing one copyright holder after another in the same fashion.  Regardless of who the lawyer is, be aware of the motivation of the Dallas Buyers Club lawsuits — to create a ‘windfall’ profit for the company by pursuing those who download the movie without authorization, and to scare and intimidate the accused downloaders into paying large settlement amounts to avoid defending the claims against them in court.

      Related: Dallas Buyers Club launches post-Oscar copyright salvo, sues 615 Does (ArsTechnica)

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      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.

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        Response to the verdict in the Malibu Media Bellwether Trial

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        malibu-media-case-consolidations

        The ‘Bellwether Trial’ is Malibu Media’s FIRST Case to EVER Go To Trial

        ID-100157775Image courtesy of @artur84 / FreeDigitalPhotos.net

        Much of the bittorrent world is saddened by the leaked news reports of the recent “Bellwether” case in the Eastern District of Pennsylvania (Malibu Media v. John Does, Case No. 5:12-cv-02088) where at least one defendant is reported to be facing close to $112,500 in damages plus attorney fees for the peer-to-peer downloads he is said to have taken part in. The plaintiff attorneys, along with Keith Lipscomb and others who have a vested interest in seeing bittorrent cases against internet users succeed are drinking champagne and celebrating their victory.

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

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

        My opinions, my convictions…

        It is both my professional belief and my personal conviction that copyright trolling lawsuits are wrong, and while there is nothing illegal in suing a defendant for copyright infringement, doing so in my opinion is unlawful and morally corrupt. These lawsuits are nothing more than a STAGE SHOW to permit a behind the scenes SHAKEDOWN of accused internet users, whether or not they actually participated in the accused infringement. For G-d’s sake, the “guilty” so-called “criminal” defendant merely clicked on a link, and downloaded a title that was openly shared with thousands of other downloaders. To hit that defendant with a shock lawsuit where they face $150,000 statutory damages for a video that could have been purchased for a few bucks is a disproportionate punishment for the “crime” of downloading copyrighted films. Rather, instead of suing downloaders and letting the piracy continue, why not just end the piracy problem by issuing a DMCA take down notice to the bittorrent tracker? The alternative of sitting in bittorrent swarms and employing tracking software to track the IP addresses of who is downloading to me just seems like an abusive step to what would otherwise be a simple problem of making the torrent files go away so that unsuspecting downloaders couldn’t click on the links.

        It is my conviction that copyright infringement lawsuits are wrong because it is simply immoral to shake down EVERY John Doe Defendant (yes, each one) with the threat of having to defend a lawsuit in federal court unless they cough up tens of thousands of dollars for downloads that the John Doe Defendant often did not even take part in. I have personally seen copyright trolls such as Malibu Media, LLC take large sums of money from defendants who did not do the download, but who were pressured into settling simply to avoid being named in a lawsuit. It is no secret that defending a case is sometimes significantly more expensive than settling a case.

        Why the Bellwether Trial will not be binding on other courts.

        Yet even with the pending resolution of this lawsuit, accused defendants across the U.S. in their own lawsuits should understand that this ruling will not be binding on other federal courts in other federal districts. Each federal court makes their own rules as to what constitutes copyright infringement, and what evidence is required to prove a defendant guilty when the so-called infringement happens via a bittorrent download. This is our job as attorneys — to know which districts have rules in favor of bittorrent users, and to know which districts have ruled in favor of the copyright holders. No doubt, the Eastern District of Pennsylvania will now become a favored spot to sue internet users across the U.S. for copyright infringement.

        Why this so-called “trial” will not affect how we see Malibu Media, LLC cases.

        Lastly, on a personal note, this case does not change the way a lawyer handles copyright infringement cases. At least in our Cashman Law Firm, PLLC, there is no silver-bullet approach — some defendants choose to settle, and many do not. Considerations as always involve 1) whether the download actually happened and the circumstances surrounding the accused activities, 2) the accused defendant’s willingness to fight and defend a copyright infringement lawsuit, 3) the accused defendant’s aversion to risk of having their name become public knowledge in a court proceeding, and 4) the accused defendant’s financial ability to take each of the various pathways we suggest.

        In summary, determining how to proceed is a question of RISK.

        In sum, not all guilty defendants settle, and not all non-guilty defendants fight.  It is simply a calculation and a risk assessment that is based on the client’s desires, the federal district in which the lawsuit is filed (taking into consideration past bittorrent cases filed in that jurisdiction), the judge who assigned to the case (taking into consideration his past rulings), and the plaintiff attorney (or more frequently, the local counsel’s) proclivity towards naming, serving, and taking defendants to trial balanced with their willingness to negotiate an amicable settlement should we decide to go that route.

        Bittorrent cases [in their current form] have now been around for three (3) years, and now we have a verdict where a case has been taken to trial — by Malibu Media, LLC surprisingly enough.  When we started, there were no cases taken to trial, and now there is one.  Before the appearance in 2010 of the bittorrent cases, all we had to go on were the old Napster and Grokster cases, combined with the various lawsuits filed by the RIAA / MPAA and miscellaneous copyright infringement files dealing with the internet. Up until now we have been developing case law surrounding peer-to-peer downloads as each case matures. Now we are starting to get some clarity as to the law surrounding bittorrent use.

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

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

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

        1) “Everything You Need To Know in One Page About Your Malibu Media, LLC (X-Art) Lawsuit [FAQ],” and then
        2) “In-Depth Malibu Media.  Their Lawsuits, Their Strategies, and Their Settlements.”

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

        CONTACT FORM: 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.

          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.

          Book a Phone Consultation with a Cashman Law Firm Attorney

          Malibu targets the wealthy in their geolocation tracking.

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          malibu-media-case-consolidations

          Is Malibu Media, LLC using geolocation tracking to target the wealthy in their settlement scheme?

          In one word, yes.  Malibu Media is using geolocation tracking services to identify which neighborhoods are considered “wealthy.”  They take this geolocation tracking data and they use it to decide which defendants to sue.

          Malibu Media, LLC has been filing lawsuits across the U.S. with a fervor with one change — most of them appear to be “Single John Doe” lawsuits against defendants whom they believe have deep pockets.

          NOTE: BEFORE READING THIS ARTICLE: If you have not already done so, and you are implicated as a John Doe in a Malibu Media, LLC lawsuit, read these first:

          1) “Everything You Need To Know in One Page About Your Malibu Media, LLC (X-Art) Lawsuit [FAQ]”
          2) “In-Depth Malibu Media.  Their Lawsuits, Their Strategies, and Their Settlements”

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

          Malibu Media is looking for… Deep Pockets?!?

          Yes, Malibu Media, LLC appears to be suing those defendants with deep pockets.  How?

          It appears that Malibu is using geolocation tracking services to at the geolocation data of the various IP addresses of the so-called downloaders.  They then focus their lawsuits to target defendants who live in towns which have high value residential homes. I know this because based on the individuals who call our office, a disproportionate number of them have commented that they have multi-million dollar estates, and they were wondering whether it was ethical to target high value individuals in their copyright infringement lawsuits.

          Malibu Media Incentives to Local Counsel??

          To make matters worse, Malibu Media, LLC appears to have incentivized their local counsel with financial rewards for bringing in higher settlements. In the olden days, I could have called one of their contacts directly, and within a few phone calls, I knew what kind of settlement a defendant could get based on how many “titles” or alleged instances of infringement they were accused of downloading. From there, the client and I would decide whether it made more financial sense to fight the case by waiting to be named and filing an answer in court, or whether it made more financial sense to settle the case. Malibu has complicated this process in order to provide the appearance of legitimacy for the courts. Now, they are having their local counsel negotiate the settlements themselves. This would be okay, but it is my experience that local counsel are asking for higher numbers than I know Malibu would have settled for just a few months ago. “The old settlement numbers you used to have with Malibu are no longer in effect,” one local counsel told me as she pushed for higher numbers. “We are doing this ourselves now.”

          And now Malibu Media is tracking their targets’ other downloads?

          To make matters worse, when Malibu Media, LLC identifies a downloader by his IP address, they track that IP address and monitor that defendant to see what other bittorrent files that defendant is downloading (wiretap?). They continue to monitor that defendant downloading non-Malibu Media titles such as “The Walking Dead,” “Homeland,” “Breaking Bad,” often creating a list multiple pages long of “other” infringing activities that defendant has taken part in. Their logic is that because a particular defendant downloaded those other titles, he is a “serial downloader” and thus it is more likely that he downloaded their titles as well. A number of us attorneys have explained to their local counsels’ deaf ears that just because a particular IP address downloaded a number of bittorrent titles does not mean that the accused defendant is that downloader. However, even the best attorney’s understanding of the law can be clouded when money influences that attorney’s understanding of it.

          Good news, the “other downloads” are inadmissible character evidence.

          On a positive note, in just a few weeks, we have seen judges rule that the “other” BitTorrent activity listed in their complaints [for works not owned by Malibu Media] is inadmissible under the Federal Rules of Evidence (“FRE”), specifically Rule 404 on “Character Evidence.” The reason for this is because “Evidence of a person’s character or character trait is not admissible to prove that on a particular occasion the person acted in accordance with the character or trait.” In other words, proving that a particular defendant is a “serial downloader” is not admissible to prove that on a particular date and time, that defendant downloaded Malibu Media’s copyrighted titles. Shame on Malibu attorneys for not knowing this.

          Further, judges have ruled that introducing evidence of “other” downloads is not relevant and is actually prejudicial to the defendant, and thus that so-called evidence is not admissible to prove that the defendant downloaded Malibu Media, LLC’s titles. As one example, Judge Stephen Crocker has frozen all of Malibu Media, LLC’s cases in the Western District of Wisconsin for this very purpose (link).

          In summary, these aggressive missteps will hurt Malibu cases.

          In sum, messing up on the Federal Rules of Evidence and doing so on each of their “Single Doe” upper-class cases was a big mistake which they might not be able to undo.  And also on a positive note, because they have filed so many “Single Doe” cases across the country, judges across the U.S. are looking deeper into their tactics and their evidence of infringement.  See @Ddragon229’s article on the FCT website, “Winds of change begin to blow on Malibu Media” for details on the character evidence issue.

          Despite this, Malibu Media, LLC continues to file lawsuits across the U.S. in alarming numbers, and in each case, they continue to file this prejudicial information of “other” downloads as their “Exhibit C” in each case. A snippet of cases filed in just the last few weeks is pasted below:

          Cases filed by Chris Fiore in the Pennsylvania Eastern District:
          Malibu Media LLC v. John Doe (Case No. 2:13-cv-02858)
          Malibu Media LLC v. John Doe (Case No. 2:13-cv-02859)
          Malibu Media LLC v. John Doe (Case No. 2:13-cv-02867)
          Malibu Media LLC v. John Doe (Case No. 2:13-cv-02868)
          Malibu Media LLC v. John Doe (Case No. 2:13-cv-02854-JP)
          Malibu Media LLC v. John Doe (Case No. 2:13-cv-02855-MMB)
          Malibu Media LLC v. John Doe (Case No. 2:13-cv-02856-JD)
          Malibu Media LLC v. John Doe (Case No. 2:13-cv-02857-SD)
          Malibu Media LLC v. John Doe (Case No.2:13-cv-02863-PD)
          Malibu Media LLC v. John Doe (Case No. 2:13-cv-02864-HB)
          Malibu Media LLC v. John Doe (Case No. 2:13-cv-02765-MSG)
          Malibu Media LLC v. John Doe (Case No. 2:13-cv-02766-MSG)
          Malibu Media LLC v. John Doe (Case No. 2:13-cv-02767-WY)
          Malibu Media LLC v. John Doe (Case No. 2:13-cv-02768-PD
          Malibu Media LLC v. John Doe (Case No. 2:13-cv-02769-RB)
          Malibu Media LLC v. John Doe (Case No. 2:13-cv-02770-CMR)

          Cases filed by Mary Schulz of Schulz Law PC in the Illinois Northern District:
          Malibu Media LLC v. John Doe (Case No. 1:13-cv-03726)
          Malibu Media LLC v. John Doe (Case No. 1:13-cv-03699)
          Malibu Media LLC v. John Doe (Case No. 1:13-cv-03700)
          Malibu Media LLC v. John Doe (Case No. 1:13-cv-03703)
          Malibu Media LLC v. John Doe (Case No. 1:13-cv-03704)
          Malibu Media LLC v. John Doe (Case No. 1:13-cv-03705)
          Malibu Media LLC v. John Doe (Case No. 1:13-cv-03706)
          Malibu Media LLC v. John Doe (Case No. 1:13-cv-03707)
          Malibu Media LLC v. John Doe (Case No. 1:13-cv-03710)
          Malibu Media LLC v. John Doe (Case No. 1:13-cv-03711)

          Cased filed by Paul J. Nicoletti of Nicoletti & Associates PLLC inn the Michigan Eastern District:
          Malibu Media LLC v. John Doe subscriber assigned IP address 71.238.205.92 (Case No. 4:13-cv-12231-MAG-MAR)
          Malibu Media LLC v. John Doe subscriber assigned IP address 68.42.185.159 (Case No. 2:13-cv-12210-RHC-MJH)
          Malibu Media LLC v. John Doe subscriber assigned IP address 68.43.4.96 (Case No. 2:13-cv-12213-SFC-DRG)
          Malibu Media LLC v. John Doe subscriber assigned IP address 68.43.84.236 (Case No. 2:13-cv-12214-AJT-MKM)
          Malibu Media LLC v. John Doe subscriber assigned IP address 68.60.140.87 (Case No. 2:13-cv-12216-PDB-RSW)
          Malibu Media LLC v. John Doe subscriber assigned IP address 68.62.41.133 (Case No. 2:13-cv-12217-VAR-RSW)
          Malibu Media LLC v. John Doe subscriber assigned IP address 69.14.181.108 (Case No. 2:13-cv-12218-NGE-DRG)
          Malibu Media LLC v. John Doe subscriber assigned IP address 69.246.89.172 (Case No. 2:13-cv-12220-AJT-DRG)
          Malibu Media LLC v. John Doe subscriber assigned IP address 67.149.158.6 (Case No. 2:13-cv-12197-GAD-PJK)
          Malibu Media LLC v. John Doe subscriber assigned IP address 67.149.89.224 (Case No. 2:13-cv-12198-PDB-MKM)
          Malibu Media LLC v. John Doe subscriber assigned IP address 68.40.123.7 (Case No. 2:13-cv-12200-GER-MKM)
          Malibu Media LLC v. John Doe subscriber assigned IP address 68.40.46.12 (Case No. 2:13-cv-12201-DPH-DRG)
          Malibu Media LLC v. John Doe subscriber assigned IP address 68.43.35.2 (Case No. 2:13-cv-12202-PDB-DRG)
          Malibu Media LLC v. John Doe subscriber assigned IP address 68.41.170.197 (Case No. 2:13-cv-12204-GAD-RSW)
          Malibu Media LLC v. John Doe subscriber assigned IP address 68.41.19.221 (Case No. 2:13-cv-12206-DPH-LJM)
          Malibu Media LLC v. John Doe subscriber assigned IP address 68.41.86.4 (Case No. 2:13-cv-12208-MOB-RSW)
          Malibu Media LLC v. John Doe subscriber assigned IP address 68.42.172.154 (Case No. 2:13-cv-12209-SJM-MKM)

          Cases filed by Paul J. Nicoletti of Nicoletti & Associates PLLC in the Indiana Northern District:
          Malibu Media LLC v. John Doe 12 (Case No. 1:13-cv-00166-PPS-RBC)
          Malibu Media LLC v. John Doe 5 (Case No. 1:13-cv-00164-PPS-RBC)
          Malibu Media LLC v. John Doe 9 (Case No. 1:13-cv-00165-PPS-RBC)

          PERSONAL NOTE: Even with all these cases, I have only listed 46 cases having 46 defendants. With the hundreds of filings, it becomes impossible to track and report on each case. The more I look at each of these cases, the more I feel as if they have succeeded in preventing attorneys like myself from tracking and reporting on each of their hundreds of cases. Obviously I am still here, and I am still reporting on these cases. My list of cases to track has just gotten a bit larger.

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

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

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

          1) “Everything You Need To Know in One Page About Your Malibu Media, LLC (X-Art) Lawsuit [FAQ],” and then
          2) “In-Depth Malibu Media.  Their Lawsuits, Their Strategies, and Their Settlements.”

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

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

            NOTE: No attorney client relationship is established by sending this form, and while the attorney-client privilege (which keeps everything that you share confidential and private) attaches immediately when you contact me, I do not become your attorney until we sign a contract together.  That being said, please do not state anything “incriminating” about your case when using this form, or more practically, in any e-mail.

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