The Truth about Kerry Culpepper IP movie lawsuits.

hb-productions-fallen-productions-settlements Multiple Settlements from One Lawsuit

Kerry Culpepper of Culpepper IP in Hawaii is a complicated attorney. I have demonstrated in previous articles that Kerry Culpepper thinks “at levels higher than the average person,” and that he can usually run circles around judges do not have the caffeine to oppose him. Here, Kerry Culpepper brazenly exposes what I call a COMMON COPYRIGHT TROLL entity by representing ALL of the movie copyright trolls together in one lawsuit. [Click to Tweet!]

[SEPTEMBER 2020 UPDATE: SETTLEMENT DEMAND E-MAILS.]

CULPEPPER IP has figured out a way to enforce his movie clients’ copyrights out-of-court. He has done this by sending settlement demand e-mails to internet users accused of VISITING, REGISTERING (with their real e-mail address), and DOWNLOADING copyrighted movies from the YTS website.

These settlement demand letters have been sent *via e-mail* by Attorney Joshua Lee (who now appears to be working for Kerry Culpepper at Culpepper IP). Joshua Lee is also the name which is appearing on many of the Culpepper IP settlement demand letters sent directly to internet users… without an ISP subpoena, without a Hawaii Rule 512(h) subpoena, without asking Cloudfront or Google Analytics to hand over the IP address information, and without a copyright infringement lawsuit in the Hawaii District Court.

The reason I am mentioning the Culpepper IP settlement demand e-mails here [in this article] is because with Kerry Culpepper, YOU MUST BE PREPARED that there is SOMETHING ELSE going on behind the scenes.

While in the settlement demand email” article I conclude that Culpepper’s end goal is to engage in “lawfare” against the piracy websites in order to protect his movie clients’ interests, you must be prepared that he is simply doing this for ONLY PROFIT, in which the topics I wrote about in this article REMAIN VERY RELEVANT TO YOUR SETTLEMENT DEMAND E-MAIL.

Here is that article for your reference: The truth about why Culpepper IP is sending settlement demand letters VIA E-MAIL to YTS users.

Now back to the movie lawsuits…

Expect to be asked to pay multiple settlements for multiple movies downloaded.

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

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

How is it that Kerry Culpepper of Culpepper IP is the same attorney representing ALL the movie lawsuits?

Now obviously Kerry Culpepper is only one attorney in Hawaii. There have been *MANY* attorneys over the past ten years which I consider to be copyright troll attorneys who represent the same set of clients. However, in the past few days / weeks, Kerry Culpepper of Culpepper IP started a storm of activity on the web by going after YTS / 1337x.to — the bittorrent trackers and the piracy websites themselves.

Then, he followed this up be asking the court for a subpoena to disclose the identity of accused downloaders who used those website to download his client’s movies.

…Then, Kerry Culpepper sent DMCA settlement demand letters to these accused downloaders asking them to settle the claims against them for $1,000 per movie download or face a copyright infringement lawsuit in the federal courts. Thus, I am using Kerry Culpepper of Culpepper IP as the example in this article about his client — a COMMON MOVIE TROLL entity.

Have you heard? There is STILL a COMMON COPYRIGHT TROLL entity behind all of the movie lawsuits in the US.

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

[Click to Tweet!]

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

For years, I had only anecdotal evidence that the same attorneys were representing the same set of movie companies. It was only here in this lawsuit [All the movie companies together (represented by Kerry Culpepper of Culpepper IP) v. Harry Beasor and DOE (Case No. 1:20-cv-00004) in the Hawaii District Court] that I had demonstrable proof that one attorney was representing EACH AND EVERY ONE of the movie copyright trolls.

[Initially, I could explain this theory away by thinking that it is more plausible that there is a large entity who moves within the circles of the large movie producers and has the ear of the production companies.  Thus, when there is (yet) a(nother) movie that flops, they suggest that this movie production company use their services and sue downloaders of the film to re-coup losses from their failed movie.  At one point, I thought it was the MPAA itself which was the entity behind the scenes.  Within the context of this “bigger” entity, the plaintiff attorneys filing the lawsuits in each state are merely “cogs” in the wheel of this larger entity.]

Have you read enough? Book Now to get help. > >

One Explanation: ONE attorney in each state works for the same COMMON COPYRIGHT TROLL entity.

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

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

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

My observation: The same movie companies are always represented by the SAME copyright troll attorneys in each state.

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

With this case (pictured above), I can demonstrate that in the Hawaii District Court, Kerry Culpepper of Culpepper IP is the attorney that is representing each and every one of the movie lawsuits.

In other words, just as Kerry Culpepper of Culpepper IP is the “copyright troll movie attorney” in Hawaii, there are other plaintiff attorneys in other states who are working for a common copyright troll entity working behind the scenes. 

Who is this COMMON COPYRIGHT TROLL entity?

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

RIGHTS ENFORCEMENT (Now Defunct)

[As of writing this article, Rights Enforcement has since taken down their website and changed their name. I currently do not know under what name they are operating].

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

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

kerry-culpepper-ip-dmca-settlement-letters-hb-productions-fallen-angel-productions-carl-crowell-guardaley-connection

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

RightsEnforcement.com has since been removed and their domain abandoned.

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

Have you read enough? Book Now to get help. > >

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

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

Have you read enough? Book Now to get help. > >

Why I think that HB Productions & Fallen Productions, Inc. are part of this “common copyright troll” conglomerate entity.

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

As you can see, these two copyright trolls are represented in this lawsuit image above by Kerry Culpepper of Culpepper IP.

When I first saw this, I was surprised to see that so many of the “common copyright troll” entity’s clients showed up as co-plaintiffs… suing TOGETHER in ONE copyright infringement lawsuit…

But then when I immediately saw that this was filed in the US DISTRICT COURT… FOR THE DISTRICT OF *HAWAII*, my immediate thought was that “Kerry Culpepper of Culpepper IP must have been the one who filed this.” Only he would have the strategic calculations that would inspire him to bunch these lawsuits plaintiffs together.

“Kerry Culpepper of Culpepper IP” in Hawaii must have been the one who sued these defendants for all of his client’s movies (including HB Productions Inc. & Fallen Productions Inc.).

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

kerry-culpepper-of-culpepper-ip-filed-fallen-productions-angel-has-fallen-hb-productions-hellboy-isp-subpoena-movie-lawsuit-common-troll

So to date, which “copyright troll” movie companies are represented by this “COMMON COPYRIGHT TROLL” MOVIE CONGLOMERATE”? Let’s look:

Have you read enough? Book Now to get help. > >

Coincidence that kerry Culpepper of Culpepper IP is representing each of the movie companies together?

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

kerry-culpepper-ip-dmca-settlement-letters-hb-productions-fallen-productions Common Troll HB Productions & Fallen Productions

Have you read enough? Book Now to get help. > >

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

kerry-culpepper-ip-dmca-settlement-letters-hb-productions-fallen-productions Common Troll HB Productions & Fallen Productions

Have you read enough? Book Now to get help. > >

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

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

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

kerry-culpepper-ip-dmca-settlement-letters-hb-productions-fallen-productions Common Troll HB Productions & Fallen Productions

Have you read enough? Book Now to get help. > >

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

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

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

Why using a settlement factory attorney to settle claims in lawsuits like these could be problematic.

I don’t even need to breach this topic, but settlement factory attorneys will try to settle the claims made against their client in the most “economical” method possible.

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

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

Have you read enough? Book Now to get help. > >

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

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

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

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

HB Productions ISP subpoenas ordered in the Nevada District Court:

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

Have you read enough? Book Now to get help. > >

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

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

Fallen Productions ISP subpoenas ordered in the Hawaii District Court:

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

Have you read enough? Book Now to get help. > >

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

In sum, just be careful when dealing with any of these movie company lawsuits.  I have written about Kerry Culpepper of Culpepper IP many times, and I have even called him an “evil genius” at times because he thinks out of the box.

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

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

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

[Please Click to Tweet!]


[CONTACT AN ATTORNEY: If you have a question for an attorney about the Fallen Productions, Inc. cases and options on how to proceed (even specifically for your case), you can e-mail us at info[at]cashmanlawfirm.com, you can set up a free and confidential phone consultation to speak to us about your Fallen Productions, Inc. case, or you can call us at 713-364-3476 (this is our Cashman Law Firm, PLLC’s number].

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

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

    Hunter Killer Productions Inc. and Their Sordid History

    Kerry-Culpepper-IP 512(h) subpoenas Hunter Killer Productions Inc.

    Doing a HUNTER KILLER PRODUCTIONS INC. COPYRIGHT TROLL WRITE-UP was not my initial purpose in searching PACER for documentation regarding last night’s Strike 3 Holdings LLC “turf war” article, but what I came across with Hunter Killer Productions Inc. is noteworthy because of my memories of this entity.

    I have useful information on Hunter Killer Productions Inc. because I have background information [piecing my memories together] which provide a context for the new Hunter Killer Productions Inc. cases filed in the Northern District of Illinois by Michael Hierl and William Kalbac.

    Looking up the most recent Strike 3 Holdings, LLC cases last night on PACER, I couldn’t help but to notice that another small set of lawsuits popped up on my radar.

    There is now a new [apparent] “copyright troll” testing the waters named “Hunter Killer Productions Inc.” Hunter Killer Productions Inc. originally did not raise any flags for me — I remembered that they have a history in Hawaii with former-copyright-troll Kerry Culpepper, and I had nothing wrong with their activities… until now.

    Have you read enough? Book Now to get help. > > >

    THE HUNTER KILLER MOVIE

    Hunter Killer Productions Inc. is the shell company that owns the rights to the “Hunter Killer” movie. “Hunter killer” is an action, thriller movie directed by Donovan Marsh, and stars Gerard Butler and Gary Oldman (among others).

    I mention their name merely for movie recognition — not because the actors themselves ever benefit from the copyright troll lawsuits their production companies file to monetize the piracy of their movies.

    hunter-killer-productions-inc, Hunter Killer Productions ISP subpoena lawsuit | Notice of Subpoena For Records

    Hunter Killer Productions Inc. was known to me to merely “consort” with known copyright trolls (more on this below), but I did not identify them as copyright trolls themselves… until now.

    Copyright trolls are production companies and lawyers who file lawsuits against internet users who are accused of downloading copyrighted movies; these companies and lawyers seek to use the federal courts and the copyright infringement statutory damages to demand thousands of dollars in settlement payments from each accused defendant (through their John Doe entity).

    Apparently, Hunter Killer Productions Inc. is now testing the waters with copyright troll bittorrent-based lawsuits filed in the Illinois Northern District federal court.

    Have you read enough? Book Now to get help. > > >

    HUNTER KILLER PRODUCTIONS INC HISTORY IN HAWAII

    At first glance, when seeing the copyright infringement cases in Illinois, Hunter Killer Productions Inc. as the plaintiff did not raise any “red flags” except that 1) it is a production company, and 2) it filed multiple identical-looking lawsuits against a handful of John Doe Defendants in each case.

    Delving deeper into the Hawaii case (and remembering that Kerry Culpepper was the plaintiff attorney who was filing all of the Hawaii copyright troll lawsuits in previous years), I was surprised by what I saw — the complaint was not only claiming copyright infringement, but also “…FOR COPYRIGHT INFRINGEMENT, CONTRIBUTORY COPYRIGHT INFRINGEMENT, INDUCEMENT, FALSE ADVERTISING, UNFAIR COMPETITION, AND DECEPTIVE TRADE PRACTICES.”

    Thus, the Hawaii case (especially with what I remember Kerry Culpepper was doing) did not look like a copyright troll lawsuit to me.

    KERRY CULPEPPER MOVED PAST COPYRIGHT TROLLING

    I remember distinctly that Kerry Culpepper was getting into significantly more in-depth cases, namely going after the PROVIDERS of movies which are streamed online via the Show Box app (“Showbox”), which illegally provide pirated content to the web by advertising their app as a method of “watching free movies.”

    I also remember not being so interested in the topic, as I had nothing wrong with Kerry Culpepper trying to stop Showbox or the flow of pirated movies.

    Have you read enough? Book Now to get help. > > >

    As long as Kerry was not going after the end users (the internet users who actually downloaded the content) seeking thousands of dollars in settlements for each lawsuit, I had nothing wrong with his lawsuit against Showbox.  As far as I recall, the providers of Showbox were Indian companies such as Galbatross Technologies who were somehow benefiting financially (if I recall, by significant ad revenue) by providing copyrighted content to internet users in the US.

    You could read the Adobe PDF link to Kerry Culpepper’s complaint against Showbox here.

    Ernesto from Torrentfreak.com also wrote up the topic on the Showbox lawsuit here:

    I could be mistaken, but I also vaguely recall that Showbox sold set top boxes here in the US, and those set top boxes streamed copyrighted content to US customers which were acquired by using BitTorrent software on the back end. I remember this because a handful of past clients of mine got sued by Gary Fischman in Texas for using Showbox, but the lawsuits were for BitTorrent use.

    HUNTER KILLER PRODUCTIONS IS AN EXTENSION OF THE SHOWBOX LAWSUITS

    I must admit that I was a bit surprised when I saw the in-depth lawsuit filed by Hunter Killer Productions Inc. against the few named defendants. What jogged my memory about the Showbox cases were the “group effort” of copyright troll plaintiffs who were involved as plaintiffs in the effort. Those companies include:

    Have you read enough? Book Now to get help. > > >

    The similarity of plaintiffs in this Kerry Culpepper’s Hawaii-based Hunter Killer Productions Inc. case reminded me of Culpepper’s former Showbox lawsuit and its list of plaintiffs. They included companies such as:

    Have you read enough? Book Now to get help. > > >

    REMEMBERING THE “COMMON THREAD” CONTROVERSY

    NOTE: I want to point out the big “common thread” controversy from years ago when I claimed that all of the movie lawsuits were working behind the scenes together as a master settlement scheme. So many people (and attorneys) told me that I was “full of it” when I noticed a common string between each of the lawsuits filed by each of these copyright troll production companies (via their “shell” companies).

    Each of these companies COINCIDENTALLY hired the IDENTICAL SET OF ATTORNEYS in every state in which bittorrent based copyright infringement lawsuits were filed. This made no sense to me — either these attorneys were each masterful in acquiring the identical copyright troll clients, or there was a “kingpin” behind the scenes of each of these seemingly separate companies who were directing each of the hundreds of lawsuits filed across the US (please read my article yesterday on Strike 3 Holdings LLC and the need for a kingpin to manage and centralize multiple lawsuits filed by local attorneys in each state’s federal court).

    In sum, Culpepper took every copyright troll and sued the source of the piracy — something I had nothing wrong with, as my goal in defending copyright infringement lawsuits is not to encourage piracy, but to prevent the harassment of defendants accused of copyright infringement (and the inexcusably high settlement demands that inevitably come with these copyright infringement lawsuits).

    The Defendants in the Hawaii-based Hunter Killer Productions Inc. lawsuit didn’t interest me much either. To me, it seemed like Kerry Culpepper again trying to go after the source of the copyright infringement (foreign defendants) rather than the end users.

    Have you read enough? Book Now to get help. > > >

    THE NEW HUNTER KILLER PRODUCTIONS INC. COPYRIGHT TROLL LAWSUITS

    TWO DAYS AGO, Hunter Killer Productions Inc. jumped into the US District Court for the Northern District of Illinois, and started suing John Doe Defendants in Illinois. Seeing the attorneys Michael Hierl and William Benjamin Kalbac (who I know as “Bill Kalbac”), this changed the story.

    Hunter Killer Productions Inc John Doe Lawsuits

    Now Hunter Killer Productions Inc. is suing John Doe defendants (all Comcast subscribers) for the download of the “Hunter Killer” movie, or more specifically, for the “Hunter.Killer.2018.KORSUB.HDRip.x264-STUTTERSHIT” movie which was shared on bittorrent networks in December 2018.

    In other words, Hunter Killer Productions Inc. is now suing defendants using the classic copyright troll model (and the same attorneys).

    Pasted below are the small set of Hunter Killer Productions Inc. cases I’ve seen thus far.  As far as I can tell, they are only “dipping their toes” into the Illinois federal court to test the copyright trolling model, but with Michael Hierl and Bill Kalbac as plaintiff attorneys (in 2012, I called Michael Heirl a “baby copyright troll,” but now we are SIX YEARS LATER), their chances of successfully soliciting settlements from accused users is high.

    Have you read enough? Book Now to get help. > > >

    Case filed in the Hawaii District Court
    Hunter Killer Productions Inc et al. v. Qazi Muhammad Zarlish et al. (1:19-cv-00168)

    Cases Filed in the Illinois Northern District Court
    HUNTER KILLER PRODUCTIONS INC. v. DOES 1-21 (1:19-cv-02926)
    HUNTER KILLER PRODUCTIONS INC. v. DOES 1-23 (1:19-cv-02922)
    HUNTER KILLER PRODUCTIONS INC. v. DOES 1-23 (1:19-cv-02924)
    HUNTER KILLER PRODUCTIONS INC. v. DOES 1-17 (1:19-cv-02927)
    Hunter Killer Productions Inc. v. DOES 1-21 (1:19-cv-02920)

    UPDATE (9/2020)

    Culpepper IP is the Hawaii-based law firm which Kerry Culpepper has since used to send letters to internet users ACCUSED OF VISITING a particular website, and downloading a movie which is copyrighted by his clients.

    * 9/16/2020 UPDATE *: Attorney Joshua Lee of Culpepper IP is a first year associate who is now working under Kerry Culpepper’s direction. Joshua Lee is also the name which is appearing on many of the Culpepper IP settlement demand letters.

    SUMMARY

    In sum, Hunter Killer Productions Inc. is a known entity with a history of taking legal steps to enforce its copyright rights.  Now they have “dipped their toes” into what I consider to be illegitimate copyright enforcement activities, namely, copyright trolling and soliciting multiple-thousand dollar settlements from each defendant.


    [CONTACT AN ATTORNEY: If you have a question for an attorney about the Hunter Killer Productions Inc. cases and options on how to proceed (even specifically for your case), you can e-mail us at info[at]cashmanlawfirm.com, you can set up a free and confidential phone consultation to speak to us about your Hunter Killer Productions Inc. case, or you can call us at 713-364-3476 (this is our Cashman Law Firm, PLLC’s number].

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

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

      NY Copyright Troll Bryan DeMatteo and His Split Court.

      New York Bittorrent Cases with Bryan DeMatteo | ME2 NY, UN4 NY, Venice PI NY, Headhunter NY

      Bryan DeMatteo is the attorney suing John Doe Defendants in the 2017 bittorrent-based copyright infringement lawsuits in New York.  These New York bittorrent lawsuits involve “copyright trolls” such as ME2 Productions, Inc. (NY) (a.k.a. the Mechanic: Resurrection movie lawsuits), UN4 Productions, Inc. (NY) (the Boyka: Undisputed 4 movie lawsuits), Venice PI, LLC (NY) (the Once Upon a Time in Venice movie lawsuits), and more recently, Headhunter LLC (NY) (the “A Family Man” movie lawsuits).

      As a NY Licensed Attorney for 10 Years, My Thoughts on Bryan DeMatteo and His Lawsuits.

      Bryan DeMatteo runs DeMatteo Law, PLLC from the 5th Floor of 830 3rd Avenue in New York City (Midtown).  I have dealt with him before, and he is anything but an “empty shell” attorney that I poke fun at on this blog.  It was suggested that his cases are “just like any other bittorrent case” which is true as far as who his clients are, but Bryan fights his case differently from other plaintiff attorneys I have faced before.  In short, be careful when hiring counsel to oppose this attorney, because he separates apart his lawsuits into different kinds of copyright infringement, and any “settlement factory” attorney will be caught off guard by this.

      I became an attorney over ten years ago in New York, and I have been practicing law and representing New York clients for ten years.

      While our Cashman Law Firm, PLLC was formed in Texas in 2010, our law firm continues to represent New York clients.  [Why?  Because New York is where I was born, and where I grew up playing stickball on the streets of Brooklyn.  It is where I went to law school, and where I have all my roots as a New York licensed attorney.]

      Bryan DeMatteo and the New York “Movie” Bittorrent Lawsuits

      For the recent “movie” cases, Carl Crowell has an attorney who I have dealt with before — Bryan DeMatteo.

      Bryan DeMatteo (also a patent attorney) is now suing defendants in the US District Court for the Southern and Eastern Districts of New York.  Bryan DeMatteo is suing for the same four copyright holders I have discussed before in other articles:

      Bryan DeMatteo Cases - A Family Man, Headhunter LLC | Mechanic: Resurrection ME2 Productions | Once Upon a Time in Venice, Venice PI | Boyka: Undisputed 4, UN4 Productions

      What do I need to know about New York Attorney Bryan DeMatteo?

      In representing a New York client, there are a few things to understand about Bryan N. DeMatteo of DeMatteo Law, PLLC:

      1) Be sure to understand the innuendos of bittorrent technology.  He does.

      Bryan DeMatteo believes in the validity of these bittorrent-based copyright infringement lawsuits, which separates him from what I refer to as the “empty shell” local counsel plaintiff attorneys who I have seen read scripts provided to them by their copyright holder clients. In speaking to him (obviously it is best to have an attorney speak to him on your behalf), be sure you understand the innuendos of bittorrent technology, because he does. Show your incompetence, and he’ll likely plow right over your ignorance.

      2) Bryan DeMatteo is on a mission to rectify a split in the NY Southern District Court.

      Second. Bryan DeMatteo is faced with a SPLIT IN THE SOUTHERN DISTRICT COURT which he is fighting an uphill battle to rectify.

      This split happened in 2012, when our law firm (Cashman Law Firm, PLLC) was representing clients against Mike Meier (the plaintiff attorney at the time) in the Digital Sin[s] v. John Does 1-234 (Case No. 1:11-cv-08170) case.  This case [into which all other NY bittorrent cases were combined] caused the controversy Bryan DeMatteo is looking to rectify.

      Digital Sin New York Bittorrent Cases affecting Bryan DeMatteo
      Remember the Digital Sin, Inc. (NY) cases from 2012?

      While the details of the split are not relevant, in 2012, many things happened.

      1) We were successful in having the judges consolidate and freeze all of the smaller bittorrent cases in New York into one case.

      See:
      2012 Article #1, “New York Judge consolidates and freezes SMALLER BITTORRENT CASES for plaintiff attorney.
      2012 Article #2, “More of Mike Meier NY bittorrent cases consolidated.
      2012 Article #3, “MISSION ACCOMPLISHED? New York’s split Southern District Court

      2) Because the New York bittorrent cases were facing joinder problems (which the judges recognized as a valid problem in most of the New York bittorrent cases at the time), the John Doe Defendants in the New York bittorrent cases were severed and dismissed.

      However, as a response to the dismissal, the plaintiff attorney would turn around and sue those same defendants as new John Doe Defendants in a second bittorrent case.  This angered the judges.

      “Lest plaintiff’s counsel think he can simply put cases against the severed and dismissed John Doe defendants into the wheel for assignment to yet another judge, I remind him of Local Civil Rule 1.6(a) [which requires the plaintiff attorney to bring the existence of potentially related cases to the attention of the Court].”

      In sum, we were successful in forcing the plaintiff attorney to disclose whether these John Does were sued before, and in which cases they were sued.

      3) Judges suggested that the New York plaintiff attorney pay 244 filing fees for 244 defendants x $350 each, rather than allowing him to pay one $350 fee [the fee in 2012 to file a lawsuit] to sue them all.

      “They are dismissed because the plaintiff has not paid the filing fee that is statutorily required to bring these 244 separate lawsuits.” (p.4)

      This would have amounted to $85,400 in filing fees if Digital Sin, Inc. wanted to go after the dismissed defendants from this case.

      Needless to say, every one of our Cashman Law Firm, PLLC clients in the case were dismissed, and they were never filed against again. Since then, the three-year statute of limitations has run, and the plaintiff has lost the opportunity to sue my clients. Congratulations once again on hard earned, good results.

      Jump to 2017, Effects of 2012 on Bryan DeMatteo's NY Bittorrent Cases
      geralt / Pixabay

      Since 2012, FIVE YEARS have passed, and now we have Bryan DeMatteo to contend with.

      To bring you up to speed, it has been five (5) years since the Southern District of New York fiasco happened. While the rulings happened to Mike Meier and his Digital Sin, Inc. client, the “law” created by these cases is still binding on Bryan DeMatteo, and his New York ME2 Productions, Inc., New York UN4 Productions, Inc., New York Venice PI, LLC and New York Headhunter LLC lawsuits. He knows this, and thus his job in proving the validity of his cases is a complicated job.

      In Sum: Unintended Consequences from 2012 => Bryan DeMatteo.

      Unfortunately, as exciting as was was when our New York Southern District Court went “belly-up” for copyright trolls, the unintended consequence of our activities from five years ago is that now we have Bryan DeMatteo who has taken on these cases with “something to prove.”

      In sum, New York bittorrent lawsuits are not a place for the weak minded, nor are they a place for someone not intricately familiar with the innuendos of copyright infringement. For cases against Bryan DeMatteo, it is best to have someone who knows the New York courts, who knows many of the New York federal judges, and who has had experience in fighting bittorrent-based copyright infringement cases in New York. Obviously I am one of them, and I have been fighting these cases since they were first filed in 2010.

      I want to point out that as a result of this case (and other events that surrounded this case), Mike Meier is no longer filing bittorrent-based copyright infringement lawsuits in New York, and until recently (as Sophisticated Jane Doe properly put it), “Trolls are not welcome in the Southern District of New York anymore.

      CONTACT A NY LICENSED ATTORNEY:

      CLICK HERE FOR OUR “CONTACT US” PAGE.

      SCENARIO 1: IF YOU HAVE A QUICK QUESTION, COMMENT, OR NEED A QUICK RESPONSE:

      • SMS YOUR QUESTION: 713-364-3476
      • E-MAIL YOUR QUESTION: [email protected], OR
      • FILL OUT THE FORM BELOW.

        SCENARIO 2: IF YOU WOULD LIKE TO SPEAK ABOUT YOUR NEW YORK CASE AND YOUR OPTIONS, SET UP A PHONE CONSULTATION:


        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.

        Bryan DeMatteo New York Southern & Eastern District Cases:

        New York ME2 Productions Cases filed by Bryan DeMatteo (NY)

        New York ME2 Productions, Inc. et al v. Doe-98.113.28.221 (Case No. 1:17-cv-02175)
        New York ME2 Productions, Inc. v. Doe-184.75.90.162 et al (Case No. 1:17-cv-02645)
        New York ME2 Productions, Inc. v. Doe-24.193.144.240 (Case No. 1:17-cv-01456)
        New York ME2 Productions, Inc. v. Doe-67.245.46.234 et al (Case No. 1:17-cv-03467)
        New York ME2 Productions, Inc. v. Doe-67.85.69.69 et al (Case No. 1:17-cv-05701)
        New York ME2 Productions, Inc. v. Doe-68.194.180.74 et al (Case No. 1:17-cv-00929)
        New York ME2 Productions, Inc. v. Doe-69.125.223.48 et al (Case No. 1:17-cv-01196)
        New York ME2 Productions, Inc. v. Doe-72.225.199.92 et al (Case No. 1:17-cv-02284)
        New York ME2 Productions, Inc. v. Doe-72.226.55.88 et al (Case No. 1:17-cv-01604)
        New York ME2 Productions, Inc. v. Doe-74.71.172.215 et al (Case No. 1:17-cv-01049)
        New York ME2 Productions, Inc. v. Doe-98.14.173.58 et al (Case No. 1:17-cv-02717)

        New York Headhunter LLC Cases filed by Bryan DeMatteo (NY)

        New York Headhunter LLC v. Doe-173.56.227.169 et al (Case No. 1:17-cv-05314)
        New York Headhunter LLC v. Doe-69.124.0.132 et al (Case No. 1:17-cv-04155)
        New York Headhunter LLC v. Doe-72.80.132.46 et al (Case No. 1:17-cv-05895)

        New York UN4 Productions Cases filed by Bryan DeMatteo (NY)

        New York UN4 Productions, Inc. v. Doe-108.29.50.167 et al (Case No. 1:17-cv-03698)
        New York UN4 Productions, Inc. v. Doe-173.68.177.95 et al (Case No. 1:17-cv-03278)
        New York UN4 Productions, Inc. v. Doe-184.152.88.112 et al (Case No. 1:17-cv-04817)
        New York UN4 Productions, Inc. v. Doe-67.243.172.121 et al (Case No. 1:17-cv-03621)
        New York UN4 Productions, Inc. v. Doe-72.89.251.15 (Case No. 1:17-cv-04400)
        New York UN4 Productions, Inc. v. Doe-74.88.64.129 et al (Case No. 1:17-cv-04887)

        New York Venice PI Cases filed by Bryan DeMatteo (NY):

        New York Venice PI, LLC v. Doe-24.187.92.79 et al (Case No. 1:17-cv-04904)
        New York Venice PI, LLC v. Doe-24.44.143.124 et al (Case No. 1:17-cv-04249)
        New York Venice PI, LLC v. Doe-66.108.113.178 et al (Case No. 1:17-cv-05594)
        New York Venice PI, LLC v. Doe-68.173.101.58 et al (Case No. 1:17-cv-04076)

        BitTorrent Lawsuit Trends – ME2, Venice PI, UN4, Headhunter (8/2017)

        malibu-media-anonymous-settlement

        While we are far from the end of August, we have seen a significant shift in the filing trends of the ME2 Productions movie lawsuits, a continuing trend in the UN4 Productions movie lawsuits, growth in the Headhunter LLC movie lawsuits, and an expansion of the Venice PI LLC movie lawsuits.  This shift in filing trends is the subject of this NEW BITTORRENT CASE FILINGS UPDATE (8/2017). We also have seen the birth of a new baby copyright troll with just 2 cases in Oregon, “POW Nevada, LLC.”

        NOTE: “POW” Nevada, LLC stands for “Prisoner of War,” and the movie they are suing for is called “Revolt (2017), a.k.a. Prisoner of War.” I saw the trailer for this movie, and while I am less than enthusiastic about the prisoner of war alternative title, all I could say is, “Killer Robot steel tentacles — I’m in!”

        pow-nevada-revolt-trailer-screenshot
        Yes, those are killer robot tentacles being launched at the soldier’s face.

        Are the bittorrent cases coming to an end?

        Obviously, it would be wishful thinking to think that we have won the war, and what is that war? Piracy is illegal and it hurts the content producers. However, the solution to piracy is not filing federal copyright infringement lawsuits alleging statutory damages of $150,000 against each and every accused downloader, regardless of whether they did the download or not. And, the solution to piracy is not to force hundreds of families (987 families were sued by the copyright troll lawyers last year) to choose between two bad choices — either empty their savings to pay a multi-thousand dollar settlement or hire an attorney (which also costs money) to stop the plaintiff attorney from coming after the accused defendants.

        Bad Defense Litigation Attorneys

        Defense attorneys who understand federal practice happily take clients who are accused of copyright infringement. They have read articles I or others have written, and they have read Prof. Matthew Sag’s “Defense Against the Dark Arts of Copyright Trolling” paper, which explains that even if the accused John Doe Defendant actually did the download (or, viewed the movie illegally using Popcorn Time software), they actually cannot prove that copyright infringement happened.

        They will then tell their potential clients that “copyright law” gives the winner of the lawsuit all of their attorney fees (which is true in theory, but not in practice). In other words, “pay me $300/hour for the next 100 hours of work, and WHEN YOU WIN, you’ll get all that money back from the criminal copyright trolls who deserve everything that comes to them.” However, what they do not tell you is that attorney fees only get awarded to the party who “wins” the case when it is dismissed by a judge or a jury because they find that based on the evidence, no copyright infringement occurred. In other words, the legal speak for this is that attorney fee awards for copyright infringement lawsuits are only awarded “to the prevailing party who prevails ON THE MERITS.”

        These defense attorneys are WELL AWARE that the copyright troll plaintiff attorneys are under instructions to dismiss an innocent defendant after discovery, but before the defense attorney files a summary judgement motion (the first place a judgement “on the merits” can happen).

        Essentially, a summary judgement motion tells the court,

        “Dear Judge, the plaintiff attorney has searched my client’s computer. He has asked my client questions under oath. He has conducted a video recording of my client answering his questions. With all this, he cannot prove the elements of copyright infringement, so please dismiss the case.”

        Again, a plaintiff attorney will dismiss a defendant BEFORE the summary judgement is filed, which means that the defendant will LOSE all the tens of thousands of dollars he paid in attorney fees TO HIS OWN LAWYER!

        Bad Settlement Factory Attorneys

        I have already covered the topic of “bad settlement factory attorneys” here, and here (and here).

        [Essentially, settlement factories pretend that they do not only settle clients, but every client interview leads to the answer of “you should settle,” or, “wait to see if they come after you and send you a settlement demand letter, then settle,” or some variation thereof.

        If you retain a settlement factory attorney, you will be paying less for your attorney, but you do not get the value for the amount you are paying. Why? Because 1) the physical amount of time they actually spend on your settlement versus the amount of money you pay gives them a $500+/hour hidden rate because they actually do not negotiate your settlement price. As a result, the amount you end up paying ends up being significantly higher than if you just hired an attorney (me or anyone else) to negotiate a settlement to right way, without cutting any corners. Oh, and the settlement factories will provide you merely a boilerplate settlement agreement (which has you admit guilt, and which potentially opens you up to future lawsuits).

        As a result of my articles exposing their methods, these settlement factories have altered their scripts claiming that they do actually negotiate each settlement price, and that they actually do negotiate the settlement agreements, but this is a marketing trick. They don’t, I’ve seen the agreements.]

        So why is it relevant that there have only been six (6) cases filed so far this month?

        I am writing this article on 8/8/2017, so we are only eight days into the month. However, one of the strengths of our Cashman Law Firm, PLLC is that we pay attention to:

        • which plaintiff attorneys are suing for copyright infringement on behalf of which movie production studios,
        • what the proclivities of each plaintiff attorney are (do they name and serve defendants, do they drag them through discovery before dismissing, or can we quickly negotiate a dismissal for an innocent client without paying a settlement),
        • what the mood of the federal court is where the lawsuits are filed (copyright trolls choose where to sue based on where they believe they will find “copyright troll friendly” judges) [this is called forum selection for those of you who are interested], and
        • whether the underlying movie company is willing to pay their attorney to name and serve clients and “drag them through the mud” before dismissing, or whether it is cost efficient, meaning, they pay attention to the bottom line.

        Why I just spent an entire paragraph listing our law firm’s strengths is to share that when there is a change in a trend, we notice, and there has been a change in the trend.

        So are copyright troll lawsuits dead?

        Unfortunately, no, they are simply pacing themselves. Since we discovered in March 2017 the underlying “common copyright troll” link between each and every movie lawsuit filed in federal courts across the US, we have been watching which movie company sues, where, and how often. That way, when a “bittorrent lawsuit campaign” is coming to an end, we see this trend and cut off all funding, even for defendants who may have otherwise settled the claims against them. This might anger and provoke the plaintiff attorneys who diligently read my blog (“hello y’all”), but the simple matter is that I do not take every client who calls my office unlike other firms, and if I sense a campaign is over, I’ll tell them to avoid even my fees and just watch the case and wait for a dismissal. I’ll even teach them how to do it themselves, and I don’t charge them for this.

        What trends have we spotted for August, 2017?

        Now to the meat of the article. 🙂 Data described here includes ALL FILINGS across the US for July 1, 2017 – August 8, 2017.

        ME2 PRODUCTIONS (MECHANIC:RESURRECTION) MOVIE LAWSUITS

        ME2 Productions, Inc. cases are coming to an end, or at least that is how it appears. There have been four (4) cases filed in four courts (Washington, Colorado, Hawaii, and New York). *That is ONE lawsuit per state,* a mere “drip” compared to the volume of cases they have filed in recent months.

        ME2 Productions Inc v. Doe 1 et al (Case No. 2:17-cv-01077) (Washington Western District Court)
        ME2 Productions, Inc v. Doe 1 et al (Case No. Case No. 1:17-cv-01810) (Colorado District Court)
        ME2 Productions, Inc. v. Doe 1; et al. (Case No. Case No. 1:17-cv-00320) (Hawaii District Court)
        ME2 Productions, Inc. v. Doe-67.85.69.69 et al (Case No. 1:17-cv-05701) (New York Southern District Court)

        UN4 PRODUCTIONS (BOYKA: UNDISPUTED 4) MOVIE LAWSUITS

        The UN4 Productions ISP subpoena cases appear to be in the middle of their campaign. Cases are still being filed (predominantly in the Illinois Northern District Court), but there has also been a splattering of cases filed in Washington, Colorado, Hawaii, New York, and Texas [Texas is actually a new story, as having these cases expand into Texas with Gary Fischman as the plaintiff attorney is a new trend]). Aside from the Texas filings, you’ll notice the list of federal courts matches exactly with the list of courts where the ME2 Productions, Inc. cases are filed.

        Expect to see more UN4 Productions, Inc. cases filed, as this lawsuit appears to be targeting “ethnic” defendants with “deeper pockets.” These include Arabic speaking defendants, French speaking defendants, and Spanish speaking defendants.

        UN4 Productions, Inc. v. Doe 1 et al (Case No. Case No. 1:17-cv-01689) (Colorado District Court)
        UN4 Productions, Inc. v. DOE Defendants 1-20 (Case No. Case No. 1:17-cv-00331) (Hawaii District Court)
        UN4 Productions, Inc. v. Doe-72.89.251.15 (Case No. 1:17-cv-04400) (New York Eastern District Court)
        UN4 Productions, Inc. v. Does 1-16 (Case No. Case No. 4:17-cv-02115) (Texas Southern District Court)
        UN4 PRODUCTIONS, INC. v. DOES 1-17 (Case No. Case No. 1:17-cv-05563) (Illinois Northern District Court)
        UN4 PRODUCTIONS, INC. v. DOES 1-19 (Case No. Case No. 1:17-cv-05561) (Illinois Northern District Court)
        UN4 PRODUCTIONS, INC. v. DOES 1-26 (Case No. Case No. 1:17-cv-05565) (Illinois Northern District Court)
        UN4 PRODUCTIONS, INC. v. DOES 1-31 (Case No. Case No. 1:17-cv-05567) (Illinois Northern District Court)
        UN4 PRODUCTIONS, INC. v. DOES 1-35 (Case No. Case No. 1:17-cv-05569) (Illinois Northern District Court)

        HEADHUNTER LLC (“A FAMILY MAN”) MOVIE LAWSUITS

        The Headhunter movie lawsuit campaign is still in its infancy. Only appearing on the scene recently, most of their cases are also young and in their infancy. This means that even though cases have already been filed across the US, federal judges have not yet approved the plaintiffs’ requests to send subpoenas to the ISPs of accused defendants to unmask their identities. Thus, many of those who have been accused of being John Doe defendants do not even know they have been implicated in their lawsuits.

        Headhunter LLC lawsuits in sum have already “dropped their seeds,” and now while they wait for those filings to sprout and ensnare hundreds of families across the US for the “A Family Man” movie (irony), Headhunder, LLC is expanding the scope and bredth of their filings, and they are filing in liberal states (Texas is very conservative as a rule, but the city of Houston, and the various nerve centers are all liberal — that way they can vote Republican in every federal election, but they vote Democrat in-state to provide services to Texas citizens). I have not figured out the relevance of their choosing this demographic to sue for the “A Family Man” movie, but as these cases mature, I’ll begin to see the trends as they unfold.

        Headhunter LLC v. Doe-173.56.227.169 et al (Case No. 1:17-cv-05314) (New York Southern District Court)
        Headhunter LLC v. Doe-69.124.0.132 et al (Case No. 1:17-cv-04155) (New York Eastern District Court)
        Headhunter LLC v. Doe-72.80.132.46 et al (Case No. 1:17-cv-05895) (New York Southern District Court)
        Headhunter, LLC v. Doe-73.191.98.246 (Case No. 1:17-cv-00793) (Virginia Eastern District Court)
        Headhunter, LLC v. Does 1-17 (Case No. Case No. 4:17-cv-02352) (Texas Southern District Court)
        Headhunter, LLC v. Does 1-9 (Case No. Case No. 5:17-cv-00069) (Virginia Western District Court)
        HEADHUNTER, LLC v. JOHN DOES 1-10 (Case No. Case No. 2:17-cv-02985) (Pennsylvania Eastern District Court)
        HEADHUNTER, LLC v. JOHN DOES 1-11 (Case No. Case No. 2:17-cv-02986) (Pennsylvania Eastern District Court)

        Stay tuned; there will be many more of these lawsuits.

        VENICE PI (“ONCE UPON A TIME IN VENICE”) MOVIE LAWSUITS

        I wonder if Bruce Willis knew when he took this role that in addition to the “Once Upon a Time in Venice” movie destroying his reputation, it would also spawn a slew of copyright infringement lawsuits which destroy the lives of hundreds of families across the US. Venice PI movie lawsuits are in FULL SWING and are being accelerated and expanded across the US. This simply means that the Venice PI copyright holder is happy with the initial results of early lawsuits, and they are investing significantly more money into the enforcement of their copyright rights.

        What this means for you if you are a defendant in this lawsuit is that the plaintiff attorneys across the US are likely funded and able to spend large amounts of time and hours going after the many defendants for Venice PI, LLC cases. This means that they will likely name and serve defendants who do not settle, and they will drag innocent defendants into and through discovery before dismissing them. Contrast this to a cost conscious copyright holder who wants to spend as little as possible on their copyright trolling campaign — defendants from the cost conscious copyright holders will be dismissed outright and any naming and serving of defendants will be for “face saving” purposes only (e.g., to fool the federal judges into thinking that these copyright holder plaintiffs are “serious” about proceeding against those downloaders who actually downloaded the film).

        This copyright holder will likely be a problem for accused defendants.

        Because there are so many new defendants implicated by Venice PI, LLC, I am sorting the lawsuits by state so that it is easier to see how many families will be affected by these lawsuits.

        Venice PI ISP Subpoena cases recently filed in the Colorado District Court (5)
        Venice PI, LLC v. Doe 1 et al (Case No. Case No. 1:17-cv-01664)
        Venice PI, LLC v. Doe 1 et al (Case No. Case No. 1:17-cv-01787)
        Venice PI, LLC v. Doe 1 et al (Case No. Case No. 1:17-cv-01861)
        VENICE PI, LLC v. John Does 1 – 15 (Case No. Case No. 1:17-cv-01870)
        Venice PI, LLC. v. John Doe 1 et al (Case No. Case No. 1:17-cv-01850)

        Venice PI ISP Subpoena cases recently filed in the Indiana Northern District Court (4)
        (NOTE: I was just there a few weeks ago.)
        Venice PI, LLC v. Doe 1 et al (Case No. Case No. 2:17-cv-00284)
        Venice PI, LLC v. Doe 1 et al (Case No. Case No. 2:17-cv-00285)
        VENICE PI, LLC v. DOE 1 et al (Case No. Case No. 1:17-cv-02274)
        VENICE PI, LLC v. DOE 1 et al (Case No. Case No. 1:17-cv-02328)

        Venice PI ISP Subpoena cases recently filed in the New York Southern and Eastern District Courts (3)
        Venice PI, LLC v. Doe-24.44.143.124 et al (Case No. 1:17-cv-04249)
        Venice PI, LLC v. Doe-68.173.101.58 et al (Case No. 1:17-cv-04076)
        Venice PI, LLC v. Doe-66.108.113.178 et al (Case No. 1:17-cv-05594)

        Venice PI ISP Subpoena cases recently filed in the North Carolina District Courts (11)
        Venice PI, LLC v. Doe 1 et al (Case No. Case No. 5:17-cv-00337)
        Venice PI, LLC v. Doe 1 et al (Case No. Case No. 5:17-cv-00339)
        Venice PI, LLC v. Doe 1 et al (Case No. Case No. 5:17-cv-00340)
        Venice PI, LLC v. Does 1-11 (Case No. Case No. 5:17-cv-00334)
        Venice PI, LLC v. Does 1-12 (Case No. Case No. 5:17-cv-00333)
        Venice PI, LLC v. Does 1-14 (Case No. Case No. 5:17-cv-00367)
        VENICE PI, LLC v. DOES 1-10 (Case No. Case No. 1:17-cv-00671)
        VENICE PI, LLC v. DOES 1-10 (Case No. Case No. 1:17-cv-00676)
        Venice PI, LLC v. Does 1-10 (Case No. Case No. 3:17-cv-00409)
        Venice PI, LLC v. Does 1-10 (Case No. Case No. 3:17-cv-00445)
        Venice PI, LLC v. Does 1-11 (Case No. Case No. 5:17-cv-00128)

        Venice PI ISP Subpoena cases recently filed in the Pennsylvania Eastern District Court (5)
        VENICE PI, LLC v. JOHN DOES 1-10 (Case No. Case No. 2:17-cv-03322)
        VENICE PI, LLC v. JOHN DOES 1-11 (Case No. Case No. 2:17-cv-03324)
        VENICE PI, LLC v. JOHN DOES 1-14 (Case No. 2:17-cv-03325)
        VENICE PI, LLC v. JOHN DOES 1-7 (Case No. Case No. 2:17-cv-03323)
        VENICE PI, LLC v. JOHN DOES 1-8 (Case No. Case No. 2:17-cv-03326)

        Venice PI ISP Subpoena cases recently filed in the Texas Southern District Court (4)
        (NOTE: I wrote about these cases here.)
        Venice PI, LLC v. Does 1-10 (Case No. Case No. 4:17-cv-02285)
        Venice PI, LLC v. Does 1-13 (Case No. Case No. 4:17-cv-02395)
        Venice PI, LLC v. Does 1-16 (Case No. Case No. 4:17-cv-02203)
        Venice PI, LLC v. Does 1-16 (Case No. Case No. 4:17-cv-02244)

        Venice PI ISP Subpoena cases recently filed in the Washington Western District Court (6)
        Venice PI LLC v. Doe 1 et al (Case No. Case No. 2:17-cv-01074)
        Venice PI LLC v. Doe 1 et al (Case No. Case No. 2:17-cv-01075)
        Venice PI LLC v. Doe 1 et al (Case No. Case No. 2:17-cv-01076)
        Venice PI, LLC v. Doe 1 et al (Case No. Case No. 2:17-cv-01160)
        Venice PI, LLC v. Doe 1 et al (Case No. Case No. 2:17-cv-01163)
        Venice PI, LLC v. Doe 1 et al (Case No. Case No. 2:17-cv-01164)

        Venice PI ISP Subpoena case recently filed in the Hawaii District Court (1)
        Venice PI, LLC v. Doe 1; et al. (Case No. Case No. 1:17-cv-00335), and

        Venice PI ISP Subpoena case recently filed in the Virginia Western District Court (1)
        Venice PI, LLC v. DOES 1-15 (Case No. Case No. 5:17-cv-00070)

        THE ANOMALY: POW NEVADA, LLC (REVOLT)

        If I called Headhunter, LLC movie lawsuits an “infant,” then POW Nevada, LLC would be a newborn. POW Nevada is suing downloaders for the sci-fi movie “Revolt.” The movie trailer for this film looks intense. While this movie has not yet appeared on Carl Crowell’s RIGHTS ENFORCEMENT (RIGHTSENFORCEMENT.COM) list of clients, he is indeed the plaintiff attorney for these lawsuits. Thus, once again, this appears to be a “common copyright troll” lawsuit scenario. There are only two test cases currently filed against two defendants, so let’s see what happens with this copyright holder. If the copyright holder’s lawsuits start metastasizing into federal courts across the US, I’ll pay more attention to this one. For now, it’s a newborn and there are only two defendants.

        POW Nevada ISP Subpoena test cases filed in the Oregon District Court (2)
        POW Nevada v. Doe-73.157.238.5 (3:17-cv-01134)
        POW Nevada, LLC v. Doe-76.27.245.245 (3:17-cv-01133)

        POW Nevada LLC | Prisoner-of_War-Revolt-Image Croped

        In Summary

        I would hate to end with a whimper rather than a bang, but really, the answer is that there are movie lawsuit campaigns — each one has its beginning, its peak, and its end.

        As you can see, the ME2 Productions, Inc. cases have had their run. Now in full swing are the UN4 Productions cases, the Venice PI cases, and the Headhunter LLC cases. I.T. Productions (the “I.T”. Movie Lawsuits) didn’t go anywhere, and Cook Productions (the “Mr. Church” movie lawsuits) might still be around, although I never sensed much unity of purpose across the various federal courts from these cases.

        As far as number of cases filed, this month in August, it appears as if the movie lawsuits are taking a breather. There is definitely a slowdown, perhaps because the college kids are on summer break, and the real lawsuits will start being filed after they return to college. On average, these movie copyright trolls file around 40 cases each month, with occasional spikes of 100+ cases in a “high season,” and 200+ cases filed in the spring.

        How to handle Gary Fischman and his new TX movie lawsuits.

        Gary Fischman UN4, Venice PI, Headhunter LLC TXSD Lawsuits by Gary Fischman

        Venice PI & Headhunter lawsuits come to Texas.

        Literally one month ago, I wrote about the appearance of the UN4 Productions lawsuits suing accused downloaders of the Boyka: Undisputed 4 movie in Texas.  Apparently, Gary Fischman, the plaintiff attorney for the various RIGHTS ENFORCEMENT (RIGHTSENFORCEMENT.COM) subpoena based movie infringement lawsuits has earned the right to sue now for the Venice PI, LLC and Headhunter, LLC movie production companies.

        Which movies are affiliated with these Texas lawsuits:

        venice-pi-subpoena-once-upon-a-time-in-venice-movie-lawsuit Venice PI
        Venice PI, LLC (“Once Upon a Time in Venice”) movie lawsuits

        Headhunter, LLC is suing for the unlawful download of “A Family Man” movie (not to be confused with Nicholas Cage’s “Family Man” movie from a number of years ago.). Gary Fischman is their local counsel in Texas for these lawsuits.

        Headhunter LLC ("A Family Man") movie lawsuits
        Headhunter LLC (“A Family Man”) movie lawsuits

        UN4 Productions, Inc. is suing for the unlawful download of the “Boyka: Undisputed 4” movie. Gary Fischman is their local counsel in Texas for these lawsuits as well.

        UN4 Productions Boyka: Undisputed 4
        UN4 Productions (“Boyka: Undisputed 4”) movie lawsuits

        Have you read enough? Book Now to get help. > > >

        List of Texas cases filed by Gary Fischman in the last month:

        HEADHUNTER (17 “JOHN DOE” TEXAS DEFENDANTS):
        Headhunter, LLC v. Does 1-17 (Case No. 4:17-cv-02352)

        UN4 PRODUCTIONS (51 “JOHN DOE” TEXAS DEFENDANTS)
        UN4 Productions, Inc. v. Doe 1 et al (Case No. 4:17-cv-01685)
        UN4 Productions, Inc. v. Does 1-13 (Case No. 4:17-cv-01834)
        UN4 Productions, Inc. v. Does 1-16 (Case No. 4:17-cv-02115)

        VENICE PI (55 “JOHN DOE” TEXAS DEFENDANTS)
        Venice PI, LLC v. Does 1-10 (Case No. 4:17-cv-02285)
        Venice PI, LLC v. Does 1-13 (Case No. 4:17-cv-02395)
        Venice PI, LLC v. Does 1-16 (Case No. 4:17-cv-02203)
        Venice PI, LLC v. Does 1-16 (Case No. 4:17-cv-02244)

        Have you read enough? Book Now to get help. > > >

        WHAT TO KNOW ABOUT YOUR LAWSUIT:

        To those 120+ Defendants who are implicated by Gary Fischman as “John Doe” defendants in this lawsuit: Understand that the Texas federal judges will likely allow Gary Fischman to send a subpoena to the Comcast & AT&T ISPs to obtain the identities of those accused of downloading the various movies.

        1) Read the Frequently Asked Questions (FAQs) about your particular lawsuit.

        First, read about your particular movie lawsuit (see FAQs on the lawsuits here):

        NOTE: Do not be fooled — each of these movies have become lawsuits because of Carl Crowell and his “common trollRIGHTS ENFORCEMENT (RIGHTSENFORCEMENT.COM) entity, of which Gary Fischman appears to be his Texas local counsel.  We understand that Crowell (or one of his attorneys) have contacted each of the movie production companies and have secured a license to sue for copyright infringement on their behalf.  Thus, the various FAQ pages will be similar, because it is the same entity that is behind the scenes of each of these movie lawsuits. (In Texas, they will all be filed by Gary Fischman.)

        2) Learn about what an “objection with the court” or a “motion to quash” is, and whether you want to file one.

        The letters from the ISPs will tell you that you have 30 days to file an objection with the court (which is referring to a motion to quash) before they are forced to hand over your information to Gary Fischman.

        Do not get trapped in an emotional rush to file a “motion to quash” just because you learned that a motion to quash filing could stop your ISP from being required to hand over your information to the plaintiff (such a filing has actually been UNSUCCESSFUL, read why).

        NOTE: The link I provided you above is from an article I wrote in *2010*, and now we are in 2017.  This should give us some credibility, if we did not already have some in your eyes that we have an idea of what is going on in these cases.  

        The motion to quash issue was figured out by us attorneys SEVEN YEARS AGO, and yet there are still new law school graduates and other attorneys who still try to sell “motion to quash” packages, claiming they will “expose the fraud” of these cases for the same amount of money you could have settled for and guaranteed an exit from the lawsuit.

        Just to be clear, a settlement is NOT the least expensive option in handling cases such as these.  And, a motion to quash is NOT THE PLACE TO FIGHT YOUR LAWSUIT, and judges will get upset if you misuse this tool.  

        A motion to quash is a tool to determine 1) whether the subpoena is valid, and 2) whether the federal court has PERSONAL JURISDICTION over the accused defendant.

        Read about motions to quash here, understand the likely response if you file a motion to quash, and understand the likely question a federal judge will ask if you file a motion to quash.

        [For those of you who do not want to switch to another article: the short answer is that a motion to quash is a good tool to stop the ISP from handing out your information if the federal court does not have PERSONAL JURISDICTION over you (e.g., if you live in one state, but are sued in another state)].

        However, if you (an unnamed “John Doe” defendant) file a motion to quash, understand that the likely response from the plaintiff attorney is to oppose your motion to quash. This is what you will find with Gary Fischman’s responses in Texas.

        Gary Fischman (or, whoever the plaintiff attorney is for whatever state your case is filed in) will likely state that you do not have STANDING to file the motion to quash because you are not a named defendant in this case.

        [Plus, the subpoena was not issued to you, but to your ISP, and thus you are not a recipient of this subpoena, and it should be the ISP who should file the motion to quash, not you.]  

        In short, don’t jump into a motion to quash frenzy just because you learn that the legal mechanism to stop a subpoena recipient from complying with the subpoena is called a motion to quash. Attorneys such as Gary Fischman are expecting this response; don’t fall into his trap.

        Have you read enough? Book Now to get help. > > >

        3) Learn about anonymity – how long you remain anonymous after receiving the subpoena from the ISP, and at what point your anonymity ends.

        Second. Be aware of your anonymity, and use it to your advantage.

        Understand each stage of the lawsuit, and know at what point you lose that anonymity. The reason this is relevant to you is because there is a finite amount of time in which you remain a “John Doe” defendant.

        After the ISP hands over your information, in Texas, Gary Fischman will learn who you are, but your information is in no way made public. Further, your involvement as a potential defendant in your lawsuit will not made public until you are named and served as a defendant.

        This is relevant because during this time, you can hire an attorney to converse with the plaintiff attorney on your behalf, and everything is done anonymously, meaning that your contact information never shows up on the court’s docket, on your record, in Google searches, or anywhere else.

        Anonymity is relevant because once you lose your anonymity by being named and served, the fact that you were accused in a federal court of stealing a copyrighted movie becomes public knowledge for anyone who does a look-up of your name, including potential employers.

        A COMMON MISCONCEPTION is that the due date on the ISP subpoena is the date you lose your anonymity.

        Wrong.

        The date you lose your anonymity is the date your plaintiff attorney realizes that he will not be getting a settlement from you and he decides to change your status from a “John Doe” defendant to a “named defendant (your name as the defendant)”.

        4) Learn about settlement factories, settlement options, and *when NOT to settle*.

        Lastly, be aware that there are a number of settlement factories out there who will convince you that settling is the “cheapest” method of getting out of this case. This is simply not true.

        The fact of whether you actually downloaded the movie is possibly the most relevant piece of information in determining whether to settle.

        If you did not do it, then hiring an attorney to convince the plaintiff attorney not to name and serve you because you did not do the download could be the smartest thing you could do in any of these cases.

        Question your attorneys and ask what percentage of cases they settle, and what percentage of cases they do not settle.

        What if you DID do the download (or you DID watch the movie)?

        If you have done the download for which you were sued (or if you have watched the movie), the second most relevant is what else you have downloaded, watched illegally, or what else is in your bittorrent software’s download folder.

        The reason for this is because some bittorent clients “announce” to the bittorrent network which movies, music, e-books, and software you have downloaded, and which are actively in your “Download” folder available to be uploaded.

        With this information, the plaintiff attorneys search which files are available from your IP address, and they assemble a list of files you have downloaded.

        If you are an avid downloader, (while this information cannot be used to prove you downloaded THIS movie,) this evidence of “other titles downloaded” will affect how a plaintiff attorney such as Gary Fischman sees you as a potential target of this lawsuit. It will affect your chances of being named and served, and it will affect the leverage you have in settlement negotiations.

        This is where a good lawyer is probably a good idea, especially one with leverage in settlement negotiations — one who is willing to step into court if the settlement negotiations go awry, even if it is simply to admit guilt and argue minimum $750 statutory damages from the court.

        Have you read enough? Book Now to get help. > > >

        In Summary:

        In the end, having your attorney know the personality of your plaintiff attorney is possibly one of the most important items to consider when hiring an attorney.

        Specifically with Gary Fischman, he has the mind of an engineer, and he treats his cases as such. Understanding how he thinks in considering each defendant is important in obtaining the best result, whether that is not settling the case, negotiating a settlement, or fighting the claims against you in litigation.


        [CONTACT AN ATTORNEY: If you have a question for an attorney about the various Texas-filed cases and options on how to proceed (even specifically for your case), you can e-mail us at info[at]cashmanlawfirm.com, you can set up a free and confidential phone consultation to speak to us about your case, or you can call us at 713-364-3476 (this is our Cashman Law Firm, PLLC’s number].

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

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

          Skip to content