HOW IT HAPPENS – HOW PAUL BEIK HAS MALIBU MEDIA DEFENDANTS IN TEXAS FEDERAL COURTS NAMED AND SERVED.

Paul Beik (Paul S. Beik of the Beik Law Firm PLLC) is a Texas-based plaintiff attorney who has “served” many defendants in Texas lawsuits for his Malibu Media LLC client (“served” as in someone knocking on a defendant’s door in a bittorrent copyright litigation lawsuit and handing the former John Doe Defendant a copy of the complaint; not “served” as in “thousands served” in a McDonald’s hamburger way). [Sorry for the play on words — that came out when editing this article.]

Paul Beik has been naming and serving Malibu Media LLC v. John Doe defendants since 3/28/2018 (or at least 3/28/18 was the first time I contacted him before having a client served; prior to this, his predecessors Andrew Kumar and Michael Lowenberg of the Lowenberg Law Firm PLLC filed Malibu lawsuits in TX since 10/27/2016), but unlike Beik’s cases, their John Doe defendants were not regularly named and served.

More generally, Malibu Media LLC has likely filed over ten thousand copyright infringement lawsuits against anonymous John Doe defendants since 2012 (I stopped counting in 2016, when Malibu temporarily stopped filing lawsuits, and even then, there were already 6,000+ cases filed across the US).

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Prior to Paul Beik taking over as Texas local counsel for Malibu Media LLC, while some Texas John Doe defendants were named and served here and there, most of them historically were never served. The reason for this is that Malibu Media LLC’s general counsel (currently represented by the Lomnitzer Law Firm in Florida) always let the local copyright attorneys (here, Paul Beik) decide how far into litigation they are willing to go — specifically whether they are willing to have the John Doe Defendants named and served.

How Malibu Media LLC lets their attorneys “grow” on the job.

[Again, the header is not to be taken out of context given the subject matter of the Malibu Media LLC adult film cases.]

Malibu Media LLC’s general counsel often hires lawyers in each state who know federal procedure [but who do not necessarily know any copyright law]. They often let that attorney “learn on the job” by following instructions, templates, and scripts I believe are provided to every new Malibu Media LLC local counsel. I have referred to these new plaintiff attorneys in the past as “fresh meat,” because the filings in every Malibu Media LLC case look exactly the same as the filings I have seen in thousands of Malibu cases over the years filed in federal courts in California, New York, Michigan, and across the US.

I have always called Malibu Media LLC cases “a settlement extortion scheme.” For years (prior to Paul Beik taking over the Texas Malibu Media cases, Malibu Media LLC cases were filed against anonymous John Doe Defendants, and they were dismissed as John Does (in my opinion, because of the squeamishness of previous Texas-based Malibu Media LLC attorneys to name and serve defendants and move forward against them in litigation). Not so with Paul Beik of Beik Law Firm PLLC.

Paul Beik has served Malibu Media LLC Texas defendants in the US District ,Court for the Southern District of Texas with regularity. In filing the lawsuit, he uses the same (identical) wording that other Malibu Media LLC cases use in other federal courts making an attorney who is not paying attention think he is inexperienced [that link (above) merely goes to a reference to “settlement factories,” described below]. Even if you look at Paul Beik’s case dockets, his Texas-based Malibu Media LLC cases appear to be nearly identical to every other Malibu Media LLC case filed across the US.

However, unlike many other “copyright troll” plaintiff attorneys, Paul Beik is not afraid to name and serve a defendant.

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Federal Rules of Civil Procedure on naming and serving a defendant (the 90-day rule).

The reason this is relevant is because 90 days after a complaint is filed in a federal court, FRCP Rule 4(m) gives a plaintiff attorney (here, Paul Beik) 90 days to amend the complaint and “name and serve” a John Doe defendant.

Beik could also dismiss the case before the 90 days have elapsed [which almost never happens], or he can ask the court for an extension of time to have that Texas defendant named and served [that happens].

The point here is that Paul Beik is under a procedural deadline to name and serve a defendant. Thus, whatever so-called “anonymous” settlement he can pull from the Malibu Media LLC John Doe defendant before the 90 days have elapsed, his client wants him to take.

Unfortunately for some John Doe Defendants, when they do not respond to his requests for settlement or they do not hire an attorney to represent them in this case, as a matter of procedure, instead of dismissing the case without prejudice and saying to the accused defendant “just kidding,” Paul Beik moves forward with litigation and has that Texas defendant named and served .

This is relevant because in litigation, there will become a time where the question of “whether the named and served Texas defendant actually downloaded Malibu Media’s copyrighted titles” becomes relevant. This happens in a deposition, where the defendant is placed under oath in front of a court reporter and the plaintiff attorney takes his testimony. *THIS* is where Paul Beik succeeds in forcing a settlement from a named and served Texas defendant who did not previously settle the claims against him.

NOTE: *THIS* (deposition) is also the moment where the named and served Texas John Doe Defendant is dismissed from liability [to avoid having his client pay the defendant’s attorney fees].

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Paul Beik Malibu Media Texas settlement scheme
Perlinator / Pixabay

HOW PAUL BEIK HAS MALIBU MEDIA LLC DEFENDANTS SERVED.

The complaint and request to disclose identity of subscriber.

First, Beik files the complaint alleging copyright infringement of Malibu Media’s copyright adult film titles. He files the lawsuit against ONE anonymous “John Doe” defendant (who lives in the Texas state, so there is no motion to quash to file [the court has personal jurisdiction over the defendant]). Beik mentions to the court that he does not yet know the identity of the defendant, and he asks the court to provide him an order to command the Comcast ISP (or AT&T ISP) to disclose the identity of the alleged downloader of Malibu Media LLC’s copyrighted titles.

Because courts are friendly to copyright holders, the Texas judges grant Paul Beik his request and order the ISPs to provide him the information that he needs.

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The subpoena sent to the ISP ordering it to reveal the subscriber’s identity.

Paul Beik then forwards a subpoena to the Comcast (or whichever) ISP, ordering the ISP to turn over the identity (and whatever else is approved by the court) of the account holder who was assigned the IP address at the time that the downloading of Malibu Media LLC’s adult titles took place.

The ISP’s duty to protect their customer and steps they take.

The ISPs are under a duty [an order, signed by the federal judge] to hand over this information to the plaintiff attorney (here, Paul Beik). To protect their customer, the ISP sends over [what I call] an ISP Subpoena Letter informing the Texas account holder that he has been implicated as a defendant in the Malibu Media LLC lawsuit.

The ISP Subpoena Letter also informs the account subscriber that if they wish to stop them from handing over their information, they may file a motion to quash (they call it “an objection with the court”). A motion to quash, if successful, would prevent the ISP from handing over the account holder’s information to Beik Law Firm PLLC (the plaintiff attorney — Paul Beik’s office — NOT to the court).

You can read more into motions to quash here (this isn’t the place to discuss this topic), but the jist of a motion to quash is that it tells the US District Court that it does not have “personal jurisdiction” over the defendant. This primarily occurs if the defendant lives outside of the state in which they were sued.

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Paul Beik is dangerous to John Doe defendants because he has them named and served.

Unlike many other Malibu Media LLC attorneys who are running a settlement extortion scheme (“settle whether you did it or not”), Paul Beik actually takes the additional step of having the defendant who did not settle the claims again him named and served.

In other words, if that Texas-based John Doe Defendant does not settle the claims against him or her, Paul Beik will amend the complaint and will add the actual ISP account subscriber’s name and address to the complaint. This forces the now “named and served” defendant into litigation, where they have 21 days to file an answer with the court or face a default judgement against them.

This is where Paul Beik takes the Malibu Media LLC cases (which for years, I considered nothing more than a “bluff”) one step further than many others — he actually has his Texas John Doe Defendants named and served, forcing them into litigation whether they like it or not.

Now obviously the purpose of this article was to identify Paul Beik as a Malibu Media LLC attorney, and to note that he DOES name and serve defendants. “Check.” This is not to say that he will not settle a case after a defendant is named and served — he will still settle a case, as this is the ultimate reason he has named and served the defendant [a settlement is more valuable to Malibu Media LLC than a judgement of $150,000 which they will never collect]. However, I simply want to point out that Paul Beik does name and serve defendants.

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A quick note about out-of-state settlement factory attorneys.

Lastly, there are many out-of-state attorneys who are not licensed in Texas who are actively advertising and are trying to take as many Malibu Media LLC clients from across the US as they can. Among them are a few [what I call] “settlement factories” (settlement factories are attorneys who run a volume-based business; they try to scare every defendant into settling the claims against them, and in my opinion they cause far more problems for the defendant than they solve).

There used to be only a small handful of attorneys who I considered settlement factories, but unfortunately, with the younger crowd graduating law school and joining the ranks, I am seeing more and more inexperienced lawyers throw up a shingle and a blog and act as if they are a legitimate law practice, when really they are just another “settlement factory.” I have even had confrontational experiences with these attorneys — many of whom did not understand copyright law at all, and one who even thought these cases were criminal. “Umm, no.”

In short, if you are sued by Paul Beik, I strongly recommend that you hire a Texas-licensed attorney to handle your case. I don’t care if you hire my Cashman Law Firm PLLC (often I don’t even take clients, and here is why) or if you hire another Texas attorney who is competent to work in these cases (if I cannot represent you, I will happily refer you to an attorney in Texas who can assist you).

While it is impossible to know which Texas-based Malibu Media LLC John Doe Defendants will be named and served, based on my knowledge of Paul Beik and his timing, I will do my best to list cases which at the moment are at risk of being named and served. TBA.

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[CONTACT AN ATTORNEY: If you have a question for an attorney about the Texas Malibu Media LLC 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 Malibu Media LLC 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

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.

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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 “extort” thousands of dollars 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.

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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.

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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 lawsuit here:

Showbox Sites Settle With Movie Companies, Warn Users of Lawsuits

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:

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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:

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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 extortion 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 extortion that inevitably comes 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.

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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.

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.Hunter Killer Productions Inc John Doe Lawsuits

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.

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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)

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.

Motions to Quash ISP Subpoena Letters, Malibu Media Lawsuits, Rightscorp DMCA Settlement Notices, and Helping John Does.