I.T. Productions, “Judge, I’m filing this lawsuit against Does 1-10.”
Judge Hughes, “No you are not. You may not sue Does.”
I am interested to see where this one goes. One of the cases I am working on in the Southern District of Texas court is I.T. Productions, LLC v. DOES (Case No. 4:17-cv-00597).
In this case, Gary Fischman is the attorney, and he filed this case just as he does any of the others (he is currently filing lawsuits against John Doe Defendants for the ME2 Productions plaintiff, and the I.T. Productions plaintiff). [And, together with Josh Wyde, Fischman is also representing the September Productions plaintiff, the Cell Productions plaintiff, and the Fathers & Daughters Nevada plaintiff.]
In his attempt to convince TX Judge Lynn Hughes to rubber-stamp an ‘early discovery’ authorization to allow Fischman to send subpoenas to AT&T in order to unmask the identities of the 10 subscribers who are John Doe (unnamed) defendants in this case, the judge responded with a prophetic slap across the face.
Judge Hughes tells I.T. Productions attorney that I.T. may not sue Does.
“No you may not sue Does.”
Instead of allowing Fischman to sue the putative defendants as Does (e.g., Doe 1, Doe 2, etc.), it appears as if Judge Hughes wants Fischman to identify them by the last five digits of their [accused] IP addresses.
For example, Doe 1 with accused IP address 193.254.221.683 would likely be identified as “Subscriber 21683.”
What is the relevance?
Unknown. Judge Hughes obviously titled the order as “Subscriber-Identity Subpoenas,” which means he has thought enough about this case to give it a title which links it to other (likely Malibu Media, LLC) cases he also has in his court.
Either way, a ‘copyright troll’ never likes a judge who questions him, alters his proposed order, or does anything other than rubber stamp his requests and allow him to do whatever he wants in (and out of) the judge’s courtroom.
No doubt, Judge Hughes will likely change all of that, somehow.
— 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.
In the Texas Federal District Court (as of 2017), I am working on defense research for five (5) copyright infringement / bittorrent “John Doe” lawsuits affiliated with the Guardaley / Carl Crowell. In a ME2 case, ME2’s local counsel Gary Fischman was ordered by Judge Keith P. Ellison to disclose “all interested parties” to the lawsuit, and this is the subject of this article.
Texas cases I am actively working on (filed after 1/1/2017): ME2 Productions, Inc. v DOES (Case No. 4:17-cv-00695) ME2 Productions, Inc. v. DOES (Case No. 4:17-cv-00275) ME2 Productions, Inc. v. DOES (Case No. 4:17-cv-00501) ME2 Productions, Inc. v. Does 1-12 (Case No. 4:17-cv-00404) I.T. Productions, LLC v. DOES (Case No. 4:17-cv-00597) and, the Siemens PLM v. Does 1-100 software piracy case and multiple Malibu Media, LLC cases (both outside the scope of this article).
WHY IS IT IMPORTANT TO KNOW WHO HAS A FINANCIAL INTEREST IN A COPYRIGHT INFRINGEMENT LAWSUIT?
The reason it is important to know who has a financial interest in these lawsuits is because I need to know 1) whether the corporate entity that is suing has the authority to sue, and 2) whether the corporate entity filing the lawsuit is the same entity that holds the copyright to the movie allegedly infringed in the lawsuit.
If the corporate entity (here, ME2 Productions, Inc.) does not have the authority to sue, or if it is not the true copyright holder (but some entity that licensed the rights to make money for the copyright holder based on the copyright rights granted to the true copyright holder to the “Mechanic:Ressurection” movie), the plaintiff might lose the lawsuit or even get sanctioned for not disclosing the true parties who are interested in the outcome of the lawsuit by alleging in a document like this one (link) that they had the right to sue when in fact they did not.
WHY AM I SUSPECT THAT MAYBE THE PARTY SUING MIGHT NOT HAVE COPYRIGHT RIGHTS TO SUE?
The only way a plaintiff can sue for STATUTORY DAMAGES OF $150,000 FOR COPYRIGHT INFRINGEMENT is if they have a valid copyright to the movie title allegedly being infringed (or, downloaded using bittorrent or Popcorn Time). If they do not own the copyright but only the right to monetize, the plaintiff may only be entitled to ACTUAL DAMAGES, NOT STATUTORY DAMAGES.
In a bittorrent “John Doe” lawsuit, the actual damages are really the cost to purchase a copy of the infringed movie (~$30 for the DVD), or perhaps $8 for the movie ticket if the movie is still in theaters. The law only gives STATUTORY DAMAGES OF $150,000 to plaintiffs who have a valid copyright at the time of the lawsuit.
Little did we know at the time that the Dallas Buyer’s Club plaintiff was not the Dallas Buyer’s Club copyright holder, and the copyright troll plaintiff entity was merely masquerading as the Dallas Buyers Club copyright holder.
WHY ARE THE DALLAS BUYERS CLUB LAWSUITS RELEVANT TO ME2 PRODUCTIONS CASES?
The common thread behind the Dallas Buyer’s Club lawsuits and most copyright infringement lawsuits filed today is a german company called Guardaley (a.k.a. IPP). It is not relevant that Guardaley’s bittorrent tracking methods have been ruled not credible by the German courts; they have been wreaking havoc on US courts since 2012. Guardaley (as far as I understand) has been behind the scenes of each and every ‘copyright troll’ lawsuit filed in the federal courts. And, after April 2016, they have reportedly signed an agreement with Carl Crowell (a known copyright troll attorney, but more importantly, likely the mastermind behind each of the ‘copyright troll’ lawsuits filed by local attorneys across the US).
Carl Crowell’s connection to ME2 Productions, Inc. is that they are his client. I can demonstrate this connection by looking at his new DMCA scare letter scheme entity, “Rights Enforcement”. If you look at the Crowell’s client list (as described by Torrentfreak), you will see that Mechanic:Resurrection (the movie behind the ME2 lawsuits) is one of Carl Crowell’s clients. (Carl Crowell himself is also a known ‘copyright troll’ where he has filed ME2 lawsuits against John Doe Defendants in Oregon.)
Screenshot from Carl Crowell’s RIGHTSENFORCEMENT.com website, with Mechanic:Resurrection outlined.
Thus, naturally, I am suspect to each of ME2 Productions, Inc.’s other lawsuits in other states, here, Texas, because as the apparent puppetmaster behind the various ME2 Productions, Inc. lawsuits filed across the US, I must assume he has a financial interest in the outcome of this Texas lawsuit filed by Gary Fischman.
WHO DID ATTORNEY FISCHMAN SAY HAS A FINANCIAL INTEREST IN THE ME2 BITTORRENT LAWSUITS?
In the filing, Gary Fischman noted that the following three entities has a financial interest in the ME2 Productions, Inc. cases:
ME2 Productions, Inc.
A&T IP, Inc., and
Fischman Law, PLLC
ME2 Productions, Inc. might be the actual copyright owner, or it is possible that they are an entity that was set up for the purpose of monetizing the copyright rights granted to the actual copyright holder, the owner of the Mechanic:Resurrection movie.
A&T IP, Inc. is an enigma to me. I do not know who they are, where they are incorporated, and who the beneficiaries are of this entity.
UPDATE: DieTrollDie suggests that perhaps A&T IP, Inc. is actually the Anti-Piracy Management Co (APMC).
DieTrollDie suspects that A&T IP, Inc. is really the Anti-Piracy Management Co. (APMC).
Fischman Law, PLLC is curious in and of itself for reasons outside the scope of this article. Naturally, it could be explained that Gary Fischman as the attorney suing on behalf of ME2 will benefit (e.g., commissions from settlements received, possibly fees from the copyright holder or the Crowell / Guardaley entity itself for time spent prosecuting these cases). However, I suspect the link goes slightly deeper, as his partner for a number of the Guardaley lawsuits, Joshua Wyde, listed himself as a witness in the lawsuit (something that is generally not done). So there may be more to the eye here, but not relevant to this article.
Here is a link to the actual document filed with the court:
Looking at all of this information together, I am left with the following questions.
WHERE IS GUARDALEY (IPP) AS AN INTERESTED PARTY IN THIS CASE?
WHY IS CARL CROWELL NOT LISTED AS AN INTERESTED PARTY IN THIS CASE, OR IS HE [AND GUARDALEY] SOMEHOW WRAPPED UP IN THAT “A&T IP, INC” ENTITY?
IS ME2 PRODUCTIONS, INC. THE SAME LEGAL ENTITY THAT OWNS THE COPYRIGHT TO THE MECHANIC:RESURRECTION MOVIE, OR ARE THEY SOME OTHER ENTITY THAT IS MERELY MASQUERADING AS THE ME2 PRODUCTIONS / COPYRIGHT HOLDER UNDER SOME LICENSE TO MONETIZE THEIR COPYRIGHT RIGHTS?
Your thoughts and feedback are obviously welcome.
— 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.
