Tag Archives: named defendant

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. 😉


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.

Hard Drive Productions lawsuit is DEAD and Prenda attorneys still calling.

The Hard Drive Productions, Inc. v. Does 1-1,495 (Case No. 1:11-cv-01741) case in the District of Columbia has been dead for almost a month now, and Prenda Law Inc. (now the “Anti-Piracy Law Group”) is still calling each and every dismissed defendant as if the case were still alive.

In my opinion, these calls to dismissed defendants are indeed very concerning. The threat is that unless a dismissed defendant settled, they will immediately name and serve them in the federal court in their home state.


HOW TO CHECK WHETHER THEIR THREATS HAVE ANY MERIT

I have literally been hearing about these threats from dismissed defendants for weeks, and there is a VERY EASY way to test whether their threats have merit or not — simply check to see whether Hard Drive Productions, Inc. has filed lawsuits naming individuals. The easiest way to do this is to visit http://www.rfcexpress.com, scroll down on the right-hand side, and check only the “copyright” button. Type “Hard Drive Productions” into the “Party Name” field, click submit, and you’ll see the last state and the last date they filed suit against defendants. [As of 6:45pm on 1/16/2013, there have been ABSOLUTELY NO FILINGS by Hard Drive Productions, Inc. since they tried to sue defendants here in the Southern District of Texas using Doug McIntyre as their local counsel — and you know how badly that ended for them.]


SHOULD YOU CALL THEM?

Now this should be common sense, but you NEVER want to be calling the attorney who is threatening to sue you. Especially when you already know that their game is to extort and solicit settlements from those they believe they can scare into settling.


CAN THEY FOLLOW-UP ON THEIR THREAT AND SUE YOU INDIVIDUALLY?

Obviously Prenda Law Inc. (now the “Anti-Piracy Law Group”) has the capacity to name and serve many individuals in many states.  However, they are lawyers just as we are lawyers. And, whatever Prenda Law Inc. does on behalf of a client, somebody needs to pay the bill (especially if there is local counsel involved). If they are suing on behalf of Hard Drive Productions, Inc., then Hard Drive Productions, Inc. needs to pay their bills (or, you do by way of your settlements). Lawsuits are not cheap for a plaintiff, and the up-front cost of filing one ($350 per lawsuit), plus all the time drafting and responding to motions in front of a judge for each case is quite an undertaking.


SHOULD YOU SETTLE?

Thus, if you have no reason to settle, then don’t settle. If you see that they are naming and serving individuals, then contact one of us lawyers. Depending on your circumstances and if I can figure out a way for you to fight your case without settling, that might be the cheaper alternative. Just please don’t try to respond to their calls thinking that you’ll negotiate your way out of this. The only way to get out of this is to back them into a financial corner forcing them to drop your case, defend your case on the merits, or to pay them to make the case go away. I like any option that does not include sending them a check.


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.