Tag Archives: Bittorrent Lawsuit

I.T. Productions, LLC should really be called “I, Troll.”

To properly defend against the I.T. Productions, LLC v. Does lawsuits, it is important to understand the similarities between each case.  Each lawsuit, regardless of in which federal court it is filed, has certain similarities.  The purpose of this article is to point out the similarities between the I.T. Productions cases, and other ‘movie troll’ lawsuits filed in the same federal courts by the same copyright troll attorneys.

Different Lawsuits, Same Plaintiff Attorneys?

These past few weeks, I have been pushing the idea that there is an entity (until now, I believed it was Voltage Pictures, Inc.) behind the lawsuits which is calling up movie companies who have produced movies which have flopped in the theaters (I call them “floppers”), and this entity convinces the movie company to license its copyright rights to them so that they can sue bittorrent users as John Doe Defendants in copyright infringement lawsuits across the US.

Yesterday, I wrote about the Cook Productions, LLC lawsuits (which are sending subpoenas to ISPs to reveal the identities of subscribers who are accused of downloading the “Mr. Church” flopper), and I was concerned that maybe this copyright holder was somehow separate from the others — the ME2 Productions lawsuits, the September Productions lawsuits, and the Cell Film Holdings lawsuits (the “three legs” or “trio“) — that we have been seeing over the past few months. [So it’s not a three-legged stool; it’s a chair.]

But then this morning, I was writing an article on the I.T. Productions, LLC lawsuits, and after speaking to a John Doe Defendant on the phone, I decided to check the list of plaintiff attorneys suing in each state for the I.T. Productions to the attorneys suing in the ME2 Productions, September Productions, (and also LHF Productions and Criminal Productions, Inc., articles to come), and the connections popped out at me.  They are the same attorneys!!!

In sum, this ‘shadow entity’ (which I believed to be Voltage Pictures, Inc.) who is licensing ‘floppers’ is using the same attorneys to sue for each and every one of these movies.

I.T. Productions cases are filed in the same states as other movie troll cases.

Not only that, but for the IT Productions, LLC cases, they are even ‘dipping their toes’ into the same states as I saw yesterday when reviewing the Cook Productions, LLC cases.  Here are the similarities:

Arizona District Court (NONE YET)
Colorado District Court (I.T. 10 cases, Cook Productions, 1 case)
Hawaii District Court (I.T. 2 cases, Cook Productions, 4 cases)
Illinois Northern District Court (NONE YET)
Indiana Northern & Southern District Courts (NONE YET)
Kentucky Western District Court (I.T. 1 case, Cook Productions 1 case)
Maryland District Court (I.T. 1 case, Cook Productions 1 case)
Nevada District Court (I.T. 1 case, Cook Productions 1 case)
North Carolina Eastern & Middle District Courts (NONE YET)
Ohio Northen & Southern District Courts (I.T. 2 cases, Cook Productions 2 cases)
Oregon District Courts (I.T. 4 cases, Cook Productions 3 cases)
Pennsylvania Eastern District Court (I.T. 1 case, Cook Productions 1 case)
Washington Western District Court (I.T. 1 case, Cook Productions 1 case)

See the similarities?!?  So… expect to see I.T. Productions, LLC cases to soon be filed in Arizona, Illinois, Indiana, and North Carolina.

Texas based I.T. Productions Cases

Why are Gary Fischman and Josh Wyde always the plaintiff attorneys for each movie troll case?

As far as the attorneys for each of the lawsuits were concerned, I could not understand how here in Texas, Gary Fischman and Josh Wyde showed up OUT OF NOWHERE, and started filing lawsuits for Fathers & Daughters Nevada, September Productions, Cell Film Holdings, and most recently, I.T. Productions and ME2 Productions.  Where did they come from?  And how did they all of a sudden score EACH AND EVERY ONE OF THESE movie companies to come to THEM and hire THEM to sue John Doe defendants in Texas for the unlawful download of these films?

Why is R. Matthew Van Sickle always the attorney for the movie troll cases in North Carolina?

Another name that keeps popping up in recent weeks has been R. Matthew Van Sickle (a.k.a. Ross Matthew Van Sickle) of Van Sickle Law, PC in North Carolina.  His website is http://mattvansicklelaw.com/ and it lists an expertise in “Construction Law, Civil Litigation, Employment Law, Insurance Coverage/Defense, and Mediation” (and no doubt, soon his website will be updated to state that he is knowledgeable in intellectual property matters, copyright infringement matters, and federal practice.) At least plaintiff / copyright troll attorneys Josh Wyde and Gary Fischman (AFAIK) are knowledgeable in this area of law.

The common threads between all movie troll cases.

So… who is behind these lawsuits?  Is it Voltage Pictures, Inc.?  Someone affiliated with Carl Crowell? Guardaley / IPP?  Again, do you care??

All About the I.T. Productions Lawsuits (Regardless of Where They Are Filed)

So I digress.  I.T. Productions, LLC has convinced the judges of the various courts to rubber stamp the authorization for them to conduct what is called ‘expedited discovery.’  What this means is that they are now permitted to send a subpoena to the various ISPs (e.g., Comcast, CenturyLink, AT&T, etc.), and force them to disclose the identity of the ten or so John Doe Defendants who are accused of copyright infringement from the download of their film.

The I.T. Productions, LLC lawsuit is suing for the download of the “I.T.” movie starring Pierce Brosnan.  The concept of the movie is pretty cool — innovative owner of an enterprising company is flying high until his daughter gets stalked by one of his information technology (IT) guys, who uses every technological facet to attack them.

Unfortunately, as cool as the movie sounds, IMDb gave it only 5.4 or 10 stars, which means that the movie was a flopper.  It’s too bad; I liked the concept of the movie.

So why did I spend all this time linking this I.T. Productions case to the Cook Productions case, the ME2 Productions case, and the others?  To show that there is a decrepit and sinister entity behind the scene who has likely now set up the entity called “I.T. Productions, LLC” for the purpose of suing downloaders across the U.S. for copyright infringement.

However, as terrible as this sounds, the benefit to the John Doe Defendant reading this article is that you can begin to draw lines and conclusions from one lawsuit (e.g., the ME2 lawsuits) to understand how the plaintiff attorneys will act in these lawsuits.

Honestly, I think I understand now why this movie is called “I.T.”  It really stands for “I Troll.”

As always, I hope this article has been of assistance to you.

For an analysis of the other I.T. Productions, LLC bittorrent-based cases filed across the US, click here.

RECENT CASE HISTORY OF THE I.T. PRODUCTIONS, LLC CASES:

Cases now filed in the Texas Southern District Court:
Attorney: Gary Fischman (Fischman Law PLLC)

I.T. Productions, LLC v. DOES (Case No. 4:17-cv-00597)

Cases filed in the Colorado District Court:
I.T. Productions, LLC v. Does 1-7 (Case No. 1:17-cv-00468)
I.T. Productions, LLC v. John Doe 1 et al (Case No. 1:16-cv-02979)
Other cases with the same name:
Case No. 1:16-cv-02998
Case No. 1:16-cv-03009
Case No. 1:16-cv-03058
Case No. 1:16-cv-03064
Case No. 1:16-cv-03089
Case No. 1:16-cv-03132
Case No. 1:16-cv-03150
Case No. 1:17-cv-00112

Cases filed in the Hawaii District Court:
I.T. Productions, LLC v. Does 1 through 5 (Case No. 1:17-cv-00084)
I.T. Productions, LLC v. Does 1 through 3 (Case No. 1:17-cv-00035)
I.T. Productions, LLC v. Does 1-6 (Case No. 1:16-cv-00641)

Case filed in the Kentucky Western District Court:
I.T. Productions, LLC v. Does 1-11 (Case No. 3:16-cv-00836)

Case filed in the Maryland District Court:
I.T. Productions, LLC v. Doe 1 et al (Case No. 8:16-cv-03999)

Case filed in the Nevada District Court:
I.T. Productions, LLC v. Does (Case No. 2:16-cv-02705)

Cases filed in the Ohio Northern and Southern District Courts (respectively):
I.T. Productions LLC v. Does 1-10 (Case No. 3:16-cv-03073)
I.T. Productions LLC v. Does 1-15 (Case No. 2:16-cv-01199)

Cases filed in the Oregon District Court:
I.T. Productions, LLC v. Doe-76.115.0.173 (Case No. 3:16-cv-02102)
I.T. Productions, LLC v. Doe-76.27.241.78 (Case No. 3:16-cv-02103)
I.T. Productions, LLC v. Doe-76.115.228.18 (Case No. 3:16-cv-02101)
I.T. Productions, LLC v. Doe-76.27.242.207 (Case No. 3:17-cv-00163)

Case filed in the Pennsylvania Eastern District Court:
I.T. PRODUCTIONS, LLC v. JOHN DOES 1-8 (Case No. 2:16-cv-06533)

Case filed in the Washington Western District Court:
I.T. Productions, LLC v. Doe 1 et al (Case No. 2:16-cv-01775)


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.

Cook Productions ‘dipping toes’ into federal court lawsuits.

Cook Productions (“Mr. Church”) Movie Lawsuits are filed across the US.

How many cases have been filed in each federal court?

At the time of writing this article (Feb. 2017), Cook Productions, LLC has sued John Doe Defendants in following US District Courts*:

Arizona District Court (2)
Colorado District Court (1)
Hawaii District Court (4)
Illinois Northern District Court (14)
Indiana Northern & Southern District Courts (1, 1)
Kentucky Western District Court (1)
Maryland District Court (1)
Nevada District Court (1)
North Carolina Eastern & Middle District Courts (1, 5)
Ohio Northen & Southern District Courts (1, 1)
Oregon District Courts (3)
Pennsylvania Eastern District Court (1)
Washington Western District Court (3)

*I have included the number of filings so that you can see in which states these plaintiffs are focusing their efforts.

All About the Mr. Church Movie Lawsuit

Cook Productions, LLC is the legal entity suing Comcast ISP subscribers for the download of the “Mr. Church” movie with Eddie Murphy and Britt Robertson.  The movie itself looked like a feel good drama, although the movie itself got dismal ratings (which is probably why someone agreed to start suing downloaders of this movie to make up for their shortfall.)

  • COS (Consequence of Sound) rated the movie as a D-, referring to it as “unusually bad melodrama…. about as enjoyable as a plague of locusts.”
  • Indiewire rated it as a C-, claiming that the movie “flails for the heartstrings, but instead of reaching them, it only tugs at that muscle that makes you roll your eyes at its old-fashioned, melodramatic attempts at emotion.”

In sum, this is yet one more movie that failed at the box office, which made it a target for some company to snatch it up in some licensing deal, and then turn on its fans by suing each one in the federal courts.  Even the number of downloaders interested in pirating this film is laughably small.

What do I do if I receive a subpoena from my Internet Provider?

For someone who received a subpoena claiming that they should file a motion to quash to stop their ISP from disclosing their contact information, speak to an attorney because most likely, you live in the state in which you were sued, and the court has jurisdiction over you.  I’d be happy to explain this further if you would like, because the last time I taught anyone about motions to quash may have been back in 2012 (by the way; although those articles are many years old now, the law explained in them is still good, so please feel free to revisit older articles as I did a lot of ‘teaching of concepts’ back when bittorrent case law was not yet “hashed out,” pardon the geeky pun).

Is there anything you can share to help me understand this case?

I have four items that I can contribute to these lawsuits which might be of assistance to someone who is looking for some free legal help or tips on how to understand these lawsuits.

1. The lawsuits are smaller than they should be.

The Cook Productions copyright holders do not have many lawsuits.  While it is scary to see multiple lawsuits in your court, in many cases, there are a small handful of defendants in each case (sometimes only including 5-7 John Doe Defendants in one lawsuit).  This suggests to me a fear that they might lose a significant pool of their defendants to a dismissal.  

On the flip side, you could also say that the attorneys expect to maximize the money they make by extorting as much as possible from one or more defendants, but I have reasons why [for the most part] this is not the case.

2. The lawsuits appear to be filed in ‘untested’ states.

The Cook Productions lawsuits are sprinkled a few here, a few there, as if they are ‘dipping their toes’ into the various federal courts to see which jurisdictions end up being favorable to them.

In my experience, this is simply an indication that Cook Productions is either inexperienced or lazy, because if they did their research into what has already happened over the years with other bittorrent lawsuits, they would have learned which jurisdictions are favorable to so-called copyright trolls, and which are not so favorable.

Why file lawsuits in federal courts where judges are known to be unfriendly to copyright trolls?

Placing 14 cases in the Illinois Northern District Court (Prenda Law Inc. / John Steele’s former home court) is simply a mistake because there are too many judges there which will laugh when they see this lawsuit hit their case list.  At least they knew to stay out of Texas.

3. New “no-name” copyright troll attorneys are being tested in these cases.

There are many well known ‘copyright troll attorneys’ in each of the states Cook is filing in.  These attorneys have filed countless lawsuits against many John Doe Defendants over the years.  However, in a handful of states that I have reviewed for the Cook Productions LLC lawsuits, I am seeing “no-name” attorneys represent the copyright holder.

Let me be clear — if I were to hire an attorney to pursue downloaders, I would hire experienced attorneys who have filed lawsuits in these courts, who know the judges, and who know copyright law.  Rather, I am seeing random attorneys take on these clients who have websites that reference the plaintiff attorney’s areas of expertise to be “insurance law,” “employment law,” “construction law,” …but where is the intellectual property law specialty? Where is the “copyright law” specialty?

Answer: There is none.  These fields of expertise are STATE-BASED areas of law, and in my humble opinion, a number of these local attorneys have never stepped foot in a federal court.

4. If the local plaintiff attorneys have no experience in copyright law, then they must be following instructions of someone higher.

How have they filed these cases then?? Funny, I thought the same thing.  The case filings look IDENTICAL to me, suggesting to me that there is SOME COMMON ENTITY WHO IS FEEDING TEMPLATES TO THESE ATTORNEYS, and these attorneys file them in the federal courts.

My final thoughts about the Cook Productions, LLC lawsuits.

In sum, Cook Productions, LLC appears to me to be yet another copyright troll.  If I was a betting man, I would suggest that some entity licensed the rights to the failed “Mr. Church” movie, and is now suing John Doe Defendants across the US using each state’s local attorneys as straw men to act as if they are the ones who are representing the client to enforce that client’s copyright rights.

For an analysis of the other Cook Productions, LLC bittorrent-based cases [as they start to develop past the subpoena phase of the lawsuit], click here.

What are the actual names of the Mr. Cook lawsuits filed in each court?

Cases filed in the Arizona District Court:
Cook Productions LLC v. Unknown Parties (Case No. 2:16-cv-04478)
Also, Case No. 2:16-cv-04481

Case filed in the Colorado District Court:
Cook Productions, LLC v. Doe 1-23 (Case No. 1:16-cv-03198)

Cases filed in the Hawaii District Court:
Cook Productions, LLC v. Does 1 through 15 (Case No. 1:17-cv-00034)
Cases also filed against small-number Doe Defendants:
Does 1-8 (Case No. 1:16-cv-00637)
Does 1-4 (Case No. 1:16-cv-00639)
Does 1-5 (Case No. 1:16-cv-00638)

Cases filed in the Illinois Northern District Court:
COOK PRODUCTIONS, LLC v. DOES 1-24 (Case No. 1:16-cv-11338)
Cases also filed against small-number Doe Defendants:
v. DOES 1-15 (Case No. 1:17-cv-00522)
v. DOES 1-12 (Case No. 1:17-cv-00536, 1:17-cv-00526)
v. Does 1-29 (Case No. 1:16-cv-11337)
v. DOES 1-12 (Case No. 1:17-cv-00535)
v. Does 1-13 (Case No. 1:17-cv-00523)
v. DOES 1-14 (Case No. 1:16-cv-11347)
v. DOES 1-15 (Case No. 1:16-cv-11345)
v. DOES 1-18 (Case No. 1:16-cv-11341)
v. DOES 1-25 (Case No. 1:16-cv-11340)
v. DOES 1-13 (Case No. 1:16-cv-11350)
v. Does 1-21 (Case No. 1:16-cv-11344)
v. DOES 1-23 (Case No. 1:16-cv-11339)

Cases filed in the Indiana Northern & Southern District Courts (respectively):
Cook Productions, LLC v. Does 1-11 (Case No. 3:16-cv-00773)
COOK PRODUCTIONS LLC v. DOE 1 et al (Case No. 1:16-cv-03158)

Case filed in the Kentucky Western District Court:
NOTE: The “Inc.” is probably a silly typo from a sloppy attorney.

Cook Productions, Inc. v. Does 1-9 (Case No. 3:16-cv-00838)

Case filed in the Maryland District Court:
Cook Productions, LLC v. Doe 1 et al (Case No. 8:16-cv-03873)

Case filed in the Nevada District Court:
Cook Productions, LLC v. Does (Case No. 2:17-cv-00069)

Cases filed in the North Carolina Eastern & Middle District Courts:
Cook Productions, LLC v. Doe 1, et al. (Case No. 5:16-cv-00910)
Also Filed:
Case No. 5:16-cv-00909
Case No. 5:16-cv-00924
COOK PRODUCTIONS, LLC V. DOES 1-5 (Case No. 1:16-cv-01369)
COOK PRODUCTIONS, LLC V. DOES 1-11 (Case No. 1:16-cv-01375, 1:16-cv-01374)
COOK PRODUCTIONS, LLC V. DOES 1-7 (Case No. 1:16-cv-01372)
COOK PRODUCTIONS, LLC V. DOES 1-9 (Case No. 1:16-cv-01373)

Cases filed in the Ohio Northern & Southern District Courts (respectively):
Cook Productions, LLC v. Does (Case No. 3:16-cv-03045)
Cook Productions LLC v. Does 1-15 (Case No. 2:16-cv-01192)

Cases Filed in the Oregon District Court:
NOTE: OK, this one concerns me. Look at the attorney and the “single Doe” case lawsuit style. These might play out differently than the others [just my gut feeling].

Cook Productions, LLC v. Doe-50.53.40.201 (Case No. 3:16-cv-02086)
Cook Productions, LLC v. Doe-71.63.208.154 (Case No. 3:16-cv-02085)
Cook Productions v. Doe-73.37.111.126 (Case No. 3:17-cv-00162)

Case filed in the Pennsylvania Eastern District Court:
COOK PRODUCTIONS, LLC. v. JOHN DOES 1-13 (Case No. 2:17-cv-00705)

Cases filed in the Washington Western District Court:
Cook Productions, LLC v. Doe 1 et al (Case No. 2:16-cv-01884)
Also filed:
Case No. 2:17-cv-00252
Case No. 2:17-cv-00101


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.

Did Malibu Media almost go out of business in April 2016?

So we all thought the Malibu Media, LLC lawsuits were dead this summer after Malibu Media sued their attorney Keith Lipscomb (a.k.a., the “kingpin” and “mastermind” behind the 6,800+ lawsuits filed against single “John Doe” defendants)). If you want a quick summary, here seems to be the jist of what happened.

  • Malibu Media, LLC hired Lipscomb to run their copyright infringement / settlement extortion scheme utilizing his network of attorneys spanning the federal courts across the US.
  • Lipscomb appeared to have pulled in hundreds [maybe thousands] of settlements, each settlement likely amounting to $10,000-$30,000, or more.
    (NOTE: This dwarfs the settlement monies collected by Steele & Hansmeier, now arrested for mail fraud, wire fraud, and perjury allegedly committed in the furtherance of their copyright troll scheme.)
  • Lipscomb apparently paid Malibu Media, LLC only $100,000 in commissions (the equivalent of ten settlements [10 x $10,000 = $100K]), but then never paid Malibu Media again.

[HINDSIGHT: MALIBU MEDIA LLC CONTINUED FILING AFTER THIS, BUT JUST WITH A NEW ‘INVESTOR’.  FOR IMMEDIATE CONTACT WITH AN ATTORNEY: Click here for more general information about Malibu Media, LLC lawsuits, their tactics, and their strategies.  To set up a free consultation to speak to an attorney about your Malibu Media, LLC lawsuit, click here.  Lastly, please feel free to e-mail me at info [at] cashmanlawfirm.com, or call 713-364-3476 to speak to me now about your case (I do prefer you read the articles first), or to get your questions answered.]

What caused the lawsuit between Malibu Media, LLC and Lipscomb?

The relationship between Lipscomb and Malibu became sour when Malibu Media, LLC became suspicious as to how they only earned $100K in commissions.  They demanded an accounting to determine whether they were being paid properly (this is still being litigated, but my guess is no; namely, that Malibu was being cheated by the lawyers they hired to extort others). Lipscomb claims that Malibu actually owes him money (to simplify the numbers, think — 6,800 lawsuits filed x est. $400/filing = $2.7 Million in filing fees alone). Malibu sued Lipscomb, they went to court, and in late April 2016, new Malibu Media, LLC filings stopped dead.

On April 18th, 2016, Keith Lipscomb told all of his local counsel that he is no longer representing Malibu Media, LLC (citing a lack of profitability), meaning that each of his local counsel were no longer representing Malibu Media, LLC, or so we thought. Wrong. Various local counsel continued the lawsuits already filed, but very few new suits were filed.

Here are the number of case filings since:
April 2016 Filings: 97
May 2016 Filings: ZERO!
June 2016 Filings: ZERO!
July 1- July 20 Filings: ZERO!
July 21 -> [end of month] filings: 75
August Filings: 59
September Filings: ZERO!
October Filings: 109 — FULL SPEED AHEAD? Nope.
November Filings: ZERO.
December Filings: ZERO…?

So, we are now in December (six months later), and Malibu Media LLC lawsuits are far from dead, or are they?!?

Here’s what I understand:
1) Lipscomb is no longer in charge of the Malibu Media, LLC lawsuits.
2) Individual attorneys (formerly, local counsel) appear to have taken Malibu Media, LLC as their own client, meaning that Malibu is creating relationships with each attorney, and each attorney appears to have a “territory” or a federal district court in which s/he practices.
3) I still think there is someone at Malibu Media, LLC headquarters (maybe Elizabeth Jones) still directing all of the attorneys.

In sum, Malibu Media, LLC and their lawsuits are not dead, at least not yet, but they continue to plague the federal courts and the accused downloaders with their high-ticket settlement prices, and thus they still need to be taken seriously, at least for now.

NEXT: Let’s go into the recent cases themselves to get an idea of what is going on with the last set of cases filed…

Sources:
Arstechnica: “File-sharing lawsuit numbers drop by more than half; both Malibu Media and Prenda Law have run into different roadblocks.” on 7/19/2016.

Techdirt: “Malibu Media Sues Its Former Lawyer Over Missing Funds, Breach Of Bar Rules,” on 6/29/2016.

Arstechnica: “Porn studio that sued thousands for piracy now fighting its own lawyer,” on 6/28/2016

Fight Copyright Trolls: “Malibu Media sues its former counsel Keith Lipscomb and his firm for professional negligence and breach of fiduciary duty,” on 6/28/2016


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

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

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

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

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

*2017 UPDATE* What ended up happening with the Malibu Media cases?

With hindsight, we can now tell the Malibu Media, LLC “story,” as it happened.  The list of stories below (in the order I listed them) tell the Malibu Media story in a way that you will understand them.

CEG-TEK and Lipscomb – Star Crossed Lovers

As an attorney, unfortunately there is often information that I need to be tight-lipped about when discussing a case or a particular copyright holder. Malibu Media, LLC and their implosion with Keith Lipscomb (who ran each of their thousands of lawsuits filed across the US) was one such example, but not for the reasons you might consider.

This summer, I sat back and watched what was once one of the biggest copyright trolls and their scheme implode as the relationship between the attorney hired to represent their cases across the US (Keith Lipscomb) and Malibu Media, LLC crumbled. Regardless of the screams of autonomy each local counsel hired by Lipscomb claimed in the courts, it was still plain and obvious to me that Lipscomb was running each of the thousands of lawsuits filed against single “John Doe” defendants (not only because the filings were identical, and the court documents allegedly filed by different attorneys had the same spelling errors in each filing, but because every settlement payment — regardless of which local counsel was allegedly in charge of the lawsuit — went to Lipscomb’s Florida office).

Recognizing that there is ‘no honor among thieves‘, I laughed when I learned that Malibu Media sued Lipscomb for not paying them the settlement monies him and his attorneys extorted from hundreds if not thousands of John Doe Defendants across the US, and… he appears to have kept the settlement monies for himself.

However, the reason I stayed quiet was because I knew of something going on internally at Copyright Enforcement Group (CEG-TEK), and I saw a possible reality where Keith Lipscomb got into negotiations with CEG-TEK, and he got them to agree to send DMCA letters to thousands of accused downloaders through their ISPs, but instead of asking for a $300 settlement for one copyrighted title allegedly downloaded, he would list each-and-every title from his X-Art.com siterips.

Instead of CEG-TEK sending a notice for each title allegedly downloaded, Keith would have them send one notice for the siterip [when accessed by clicking a link on a bittorrent website, and that bittorrent file wold contain possibly 100+ titles to be downloaded]. However, when that unsuspecting user logged into CEG-TEK’s copyrightsettlements.com website using the username and password provided in the DMCA notice, each-and-every title in the X-Art Malibu Media siterip would have appeared. Thus, a $300 per accused downloader settlement could have easily turned into a $30,000+ per accused downloader settlement ($300/title x 100+ titles in the siterip). This could have even been exacerbated if Lipscomb asked for higher per-title settlement amounts, as his attorneys are accustomed to negotiate with other attorneys in the $750-$500/title range.

In my opinion, a Lipscomb-Siegel/CEG-TEK marriage would have been a nightmare, and because at the time CEG-TEK was changing their business model and shifting how they send out letters and to whom (remember the Girls Gone Wild fiasco?), the timing was right for Lipscomb to reach out to them, and I was concerned that they would have accepted his plan.

[In passing, I want to note that CEG-TEK had a shake-up as well over the summer. They were changing their business model from sending DMCA notices and soliciting small $300 settlements for copyright infringement claims for just a few titles to sending notices only to “more egregious downloaders” which in turn would increase the per-person settlement amount paid to CEG-TEK on behalf of their clients. They also appear to have been changing their client base by transitioning away from little porn companies to more well-known copyright trolls (e.g., Millennium Films, LHF Productions, etc.) — copyright holders who threatened to sue downloaders (and in at least one circumstance did sue at least one client of mine in federal court.) The point is that they were changing their image from being a company who’s clients didn’t sue to a company who’s clients do sue. Lipscomb fit their former profile of bringing pornography copyright holders to the table, and he matched their new profile because he brings a strong proclivity to sue defendants who ignored the notices. Thus in a possible reality, I saw Lipscomb meeting with CEG-TEK, and I did everything I could behind the scenes to avert this reality.]

Now we are roughly six-months later, and I am happy to share that the marriage between Lipscomb and CEG-TEK never took place, and CEG-TEK is no longer in a place where they would accept Keith Lipscomb or the $10K/client+ settlement amounts he would have brought to the table.

For this reason, I am sharing the story of this nightmare which — even though the ‘stars aligned’ — never happened (and thankfully, will never happen).

…there is new news for Lipscomb’s former Malibu Media, LLC client. I will post about that next.

[2017 UPDATE: This is bad news.  In my article, I wrote about how former Guardaley kingpin Lipscomb might have corrupted CEG-TEK.  Since the April 2016 breakup of the Lipscomb/Guardaley relationship, new Guardaley kingpin Carl Crowell has created a new entity called RIGHTS ENFORCEMENT which has reverse-engineered CEG-TEK’s proprietary DMCA copyright infringement notice system.  Many of you have visited this link thinking that RIGHTS ENFORCEMENT was somehow related to CEG-TEK (at first, I thought so too), but really it is an ‘evil twin’ competitor.  In sum, apparently my concerns about CEG-TEK’s DMCA notice system getting corrupted may actually have happened, but I got the entity wrong.  It wasn’t CEG-TEK’s system that was corrupted, it was Crowell’s reverse-engineered ‘evil twin’ copy of CEG-TEK which we now see in RIGHTS ENFORCEMENT.]


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