Thinking about Malibu Media’s single “Doe” lawsuits.


With all the drama going on in the Prenda Law Inc. defamation cases (most recently, they have sent a subpoena to WordPress asking for every IP address who visited SJD or DTD’s website since 2011), I wanted to make sure the other lawsuits didn’t take advantage of this diversion.

Thinking about the Malibu Media, LLC single “John Doe” lawsuits article I wrote about last night, I wondered what would happen if the defendants were actually “named” and served (their attorneys historically have named and served defendants, so it is a possible outcome with these lawsuits as well).  I remembered earlier in the day, I was discussing issues affecting the “other” copyright trolls (the stock photo and Linda Ellis copyright troll letters) with an individual fighting that side of the copyright infringement “IP monetization / enforcement” issue (as you know, there is a whole other side to the copyright infringement “extortion letter” issue that we do not even discuss on our blogs), and someone mentioned to me the “double-tap” joinder strategy (phrase coined by DieTrollDie) relating to an article I wrote about last year.  I was wondering how interesting it would be to force Malibu to disclose all of the other bittorrent swarm participants and join them in under the federal joinder rules as co-defendants if they ever did go so far as to name one of my clients as a “named” defendant.

Obviously nobody wants to drag anyone into any lawsuit, but as a strategy — even months later — I still think the “double tap” is still a very good strategy, and at the very least, it is certainly fun to think about.

So revisiting the strategy, I visited my own blog and re-read the article from back in October. While reading, I noticed the “Like” button and instinctively clicked it (social engineering). Moments later, I received the following e-mail from WordPress.

double-tap joinder strategy for named defendants
double-tap joinder strategy for named defendants

LOL.  Sorry if you thought I was going somewhere with this post. 😉

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