This morning I woke up to news that the Third World Media, LLC v. Does 1-4,171 (DC; Case No. 1:11-cv-00059) plaintiff voluntarily dismissed all 4,000+ defendants. “That was disappointing,” I thought. What a waste of a case.
What got me thinking is that it was NOT the DC court (or their copyright-troll-friendly rulings) which prompted this dismissal, as I have a lot to say about Judge Facciola and his recent slew of rulings in a number of copyright infringement cases (more on that in another blog entry). As far as I am concerned, this dismissal had other reasons which caused it.
Now obviously I’m very happy when a case like this goes bust, but it didn’t go bust. The plaintiff (and their copyright troll attorneys at Dunlap Grubb & Weaver, PLLC) simply lost interest and dismissed the case. I’ve been seeing this a few times over the past two weeks, specifically here in Texas with copyright troll Doug McIntryre dismissing his West Coast Productions, Inc. v. Does 1-351 (Case No. 4:12-cv-00504) case here in the Southern District of Texas — some copyright trolls are simply losing interest in their cases and giving up and dismissing all defendants.
Now I can obviously give an educated guess as to why this is. Local attorneys who work for copyright trolls don’t get paid by the copyright trolls. As much as I villianize the local attorneys here on the blogs, local attorneys who file lawsuits on behalf of copyright trolls usually get cheated by their copyright troll bosses. I have heard many stories of clearly oblivious local attorneys making statements such as “well, nobody is settling my cases,” when I regretfully know the opposite is true. I once read a motion by a prolific copyright troll who wrote, “there is no honor among thieves” (referring to the bittorrent users who he was suing in his cases). Quite frankly, it is my opinion that this is probably the case between the copyright “trolls” themselves.
Then again, I have heard stories that the copyright trolls themselves often have trouble with the production companies (their clients, the porn companies) who have retained them to sue John Doe Defendants in the various lawsuits. I have often heard stories that behind each of the lawsuits is a imbecilic man with a short temper and a small brain who screams and yells at the copyright trolls to sue everybody on the planet. The problem is that these clients don’t want to pay the legal bills or commissions that they legitimately owe to the copyright trolls, as if they expect them to work for free. Again, “there is no honor among thieves.”
And then again, (I have to note this,) I believe that there are instances where the copyright troll lawyers cheat their clients as well, binding them to settlement agreements and accepting money from defendants for infringements of their copyrighted works WITHOUT EVER TELLING THEIR CLIENT that this money was received. The strategy: Sue on behalf of one production company, accuse the defendant of also infringing another production company’s copyrighted works, collect settlements for both infringements. So I believe it goes both ways. Production companies (clients) cheat their attorneys out of commissions and fees, and the attorneys accept settlements and never tell the production companies about it. Again, “there is no honor among thieves.”
In short, while I do not know the politics of why a plaintiff attorney drops a case without explanation such as what you see here, it is my expectation that the reason for both of these cases is that there is conflict between the copyright troll attorneys, and the production companies in which they represent. Whether it is that the copyright troll attorneys are asking for too much money from the production companies (greed), or whether it is that the production companies who are not paying the copyright trolls, I don’t know or care. As far as I am concerned, my clients are being dismissed from the cases against them, and conflict between copyright troll attorneys who sue defendants and their clients can only be good for the world.
Side thought: As far as the copyright trolls cheating the local attorneys who they hire to file lawsuits on their behalf? While it frustrates me when I hear stories about the copyright troll bosses cheating their local counsel, part of me also thinks that there is also justice in the world. At the end of the day, these local counsel made a conscious decision to try to profit off of extorting thousands of dollars from each internet user (legal or not, we’ll see), and even if an internet user did download the title(s) he or she was accused of, there is no reason for them to pay thousands of dollars (often their life savings, or more accurately, their parents’ life savings) for what often ends up being a porn video where they could have purchased the DVD title for $34.99. Obviously the distinction here is “actual damages” ($34.99) versus “statutory damages” (up to $150,000 for each infringement), and quite frankly, it is the copyright law that is broken [or that is being misapplied to downloaders], and not the lawsuits themselves which are inherently blind, or at least they are supposed to be — purposefully ignoring bias from certain DC judges. That being said, only a piece of work would capitalize on this misapplication of the law and extort thousands of dollars from a defendant. I really think the courts (and the law) needs to make a distinction as to who is a “pirate” and who is really just an innocent infringer.
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