Subpoenas Sent to CenturyLink to expose identities of ME2 Utah Defendants due 4/28.
ME2 Utah cases have been blazing since they were filed early in March, and now the subpoenas for those cases are coming due this week.
Who is the attorney for the ME2 Utah cases?
The ‘copyright troll’ attorney in Utah who filed these cases is Todd Zenger (“Todd E. Zenger”), and he works for Kirton McConkie in Salt Lake City, Utah. Any e-mails coming from “tzenger@kmclaw.com,” or calls from his “801-328-3600” phone number (or any 801-328-XXXX phone number should cause you to be wary that you have a Utah ME2 copyright troll trying to scare you into settling with him for thousands of dollars.
Are Utah ME2 Productions, Inc. cases any different from those filed in other states?
Really, no. I have already written much about the ME2 Productions, Inc. cases, and the Utah ME2 cases are no different from the cases filed in other states. The following articles should be helpful in understanding the ME2 Utah cases as well:
Just like the other cases, the Utah ME2 Productions, Inc. cases are suing for copyright infringement based on the the illegal download of the Mechanic: Resurrection movie, starring Jason Statham and Jessica Alba. The lawsuits are all copyright infringement lawsuits filed in the Federal Courts, and each lawsuit sues for statutory damages of $150,000 (but don’t let that large number scare you, because baked into copyright infringement law is the concept of ‘minimum statutory damages’ as well).
Accused ME2 Utah-based internet users are made aware of these cases when they are sent a letter from their ISP (CenturyLink), which informs them 1) they are implicated as a “John Doe” Defendant in this case, and 2) the ISP is bound by a subpoena to share the account holder’s contact information (and relevant information about their IP address’ involvement in the case) on a certain due date unless the subscriber files an objection with the court (referring to a “motion to quash”).
Why is this article relevant now (and for the next week or so)?
The reason why I am writing this article is because starting THIS FRIDAY (and continuing for the next week), the ME2 Utah-based subpoenas sent to CenturyLink demanding that they turn over the identities of the Utah ME2 John Doe Defendants are coming due. Most relevant, the next deadline is this Friday, 4/28.
What should I expect after 4/28 once CenturyLink complies with the subpoenas?
The expectation following this 4/28 deadline is that Todd Zenger will start sending out settlement demand letters to Utah ME2 John Doe Defendants, explaining that they have been sued for $150,000, and that their ISP has identified them as being the downloader. That their ISP identified them as the infringer is actually not true, as the ISP will have only identified that their IP address was ‘in the room’ when bittorrent downloading was happening.
However, Todd Zenger’s cases do not state that each John Doe Defendant is the actual infringer, nor does he provide evidence in the form of a PCAP file that any of the Utah ME2 defendants actually committed copyright infringement or downloaded a large enough piece of the movie to be considered “substantially similar” to the copyrighted film. However, it will have to be up to the judges (and us attorneys) to inform them that Todd Zenger is not in possession of the Guardaley evidence he allegedly claims to have.
Who are the federal judges assigned to the ME2 Utah Cases?
The Utah ME2 cases (thus far) are evenly spread between the following judges. I wouldn’t be surprised if moving forward, one judge, e.g., Judge Evelyn Furse will take over the other cases to have uniform decisions across the Utah ME2 cases.
Judge David Nuffer:
ME2 Productions v. Does 1-23 (Case No. 2:17-cv-00198)
ME2 Productions v. Does 1-12 (Case No. 2:17-cv-00224)
ME2 Productions v. Does 1-29 (Case No. 2:17-cv-00190)
Judge Paul M. Warner:
ME2 Productions v. Does 1-26 (Case No. 2:17-cv-00199)
ME2 Productions v. Does 1-14 (Case No. 2:17-cv-00225)
ME2 Productions v. Does 1-22 (Case No. 2:17-cv-00189)
Judge Evelyn J Furse:
ME2 Productions v. Does 1-25 (Case No. 2:17-cv-00179)
ME2 Productions v. Does 1-25 (Case No. 2:17-cv-00169)
ME2 Productions v. Does 1-23 (Case No. 2:17-cv-00178)
ME2 Productions v. Does 1-25 (Case No. 2:17-cv-00158)
ME2 Productions v. Does 1-23 (Case No. 2:17-cv-00157)
ME2 Productions v. Does 1-26 (Case No. 2:17-cv-00168)
Judge Jill N. Parrish:
ME2 Productions v. Does 1-22 (Case No. 2:17-cv-00200)
Judge Dustin B. Pead:
ME2 Productions v. Does 1-27 (Case No. 2:17-cv-00191)
Judge Ted Stewart:
ME2 Productions v. Does 1-24 (Case No. 2:17-cv-00223)
What are your options in defending or resolving claims in a ME2 Utah-based case?
If you have read this far, you are likely one of the John Doe Defendants in this case, and thus here are your options on how our Cashman Law Firm, PLLC (or any other competent copyright litigation attorney) can help you in this case.
OPTION 1: FIGHT
In this option, your attorney would fight this case on your behalf. Since the ME2 scam has been exposed, the inherent weaknesses in Todd Zenger’s case are now well known. This option is more expensive than the other options, but it is probably the most satisfying option when you win and ask for attorney fees from ME2 Productions.
OPTION 2: SETTLEMENT NEGOTIATIONS
Settlement negotiations does not mean that you downloaded the movie or that you are guilty of copyright infringement. Rather, it simply means that you want to pay to have the plaintiff attorney dismiss you from the lawsuit. This option can be used by both ‘guilty’ and ‘innocent’ defendants. While I do not recommend an innocent defendant pay ANYTHING to settle the claims against him, I do not judge defendants when they choose this option.
OPTION 3: “NO SETTLEMENT REPRESENTATION”
This is the discounted “no settlement” representation route that I discussed here. In the span of 2-3 hours, I would consult with the client, send over a letter of representation to the plaintiff attorney (to stop him from contacting the client directly). I would then draft a letter to the plaintiff explaining that my client did not do the download, and that we are not interested in anything other than a walkaway settlement, meaning that my client pays no settlement. The purpose of this representation is to put Todd Zenger on notice that my client is not the infringer he is looking for.
OPTION 4: “IGNORE” ROUTE REPRESENTATION
The ignore route is best described as ‘playing chicken.’ I best described the “ignore” route, and how it differs from the “no settlement representation” route here. The assumption with the “ignore” route is that Todd Zenger is not yet naming and serving defendants in this case, so you would hire our Cashman Law Firm, PLLC to monitor the case for you. We would send over a letter of representation indicating that we are representing you in the case, but we would not engage in settlement negotiations.
The intended client for the ‘ignore’ route is the innocent client that wishes to have a more ‘hands on’ engagement with their case over the “no settlement” representation letter route, where their attorney is actively monitoring the case and having active discussions with the plaintiff attorney. Both ‘guilty’ and ‘non-guilty’ defendants can utilize the “ignore” route, as this option is adjustable based on the circumstances of the client. If Todd Zenger decides to start naming and serving defendants, a ‘guilty’ client would likely have me open up settlement negotiations on his behalf, whereas a non-guilty client would instruct me to not settle and adhere to the ‘ignore’ strategy. Obviously getting named and served while in this strategy would be cause to decide whether to shift strategies to the “fight” or “settle” strategy, which is fine.
OPTION 5: ARGUE “MINIMUM STATUTORY DAMAGES” REPRESENTATION
I discussed the “argue minimum statutory damages” representation option last night in this article. The purpose of this option is to take the settlement negotiations away from a misbehaving plaintiff attorney. Instead of negotiating a settlement (where the plaintiff is asking for too much money), we would file an answer with the court admitting infringement, and we would then make the case for the judge to award minimum statutory damages of $750.
The intended client for the “minimum statutory damages” representation route is a client who did the download and either does not want to go through settlement negotiations, or who wants to take settlement negotiations out of the hands of the plaintiff attorney / copyright troll and leave the damages up to the judge to decide. Obviously since we are admitting guilt in this option, it is appropriate for the client to have done the download to use this strategy.
However you decide to proceed, if I can be of assistance or answer any questions about your ME2 Utah case, please let me know.
*UPDATE (APRIL, 2017)* ME2 PRODUCTIONS INC. (FAQ) PAGE NOW UP.
*UPDATE (JULY, 2017)* SECOND WAVE OF LAWSUIT SUBPOENAS sent to CenturyLink ISP subscribers, and are due on 7/14/2017.
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