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Posts Tagged ‘Hard Drive Productions Inc.’

I was floored when I saw this.  A proactive John Doe Defendant (Dan Krebs) wrote Judge Facciola asking him why he ordered copyright trolls in the Patrick Collins, Inc. v. Does 1-72 (Case No. 1:11-cv-00058) case not to contact Doe Defendants until they are named and served, but in the Hard Drive Productions, Inc. v. Does 1-1,495 (Case No. 1:11-cv-01741) case, the judge continues to allow John Steele and his Prenda Law Inc. gang to do whatever they want with the Doe Defendants (and consequently, Steele is sending out “scare” letters to the unnamed defendants).

While the lack of consistency between rulings from Judge Facciola is not surprising, I cannot help but to think of the words, “bias, corruption, and perhaps cronyism” when I think of his treatment of these bittorrent cases.

What floored me, however, was the “F’you” order he issued in response to Dan’s letter to the court.  In short, he stated,

“The Court notes that it will not answer this correspondence since an extra-judicial comment about matters pending before it is inappropriate.”

Or, in other words, “F’You.  Don’t tell me what I can and can’t do in my own court.  This is MY WORLD, MY PLAYGROUND, and I will play however I want to!”

My opinion:  Kudos to you, Dan.  Your letter was proactive, and you called out the judge on his inconsistent rulings.  It is my opinion that all judges should have watchdogs like you to force them to adhere to their own precedents.

Attached is Dan’s Letter sent to the court.

And, attached is Judge Facciola’s response.

[NOTE: Scribd is experiencing issues right now. Will update links later.]

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I have always known that “crabs crammed in a crate grab crabs trying to escape,” and this is no doubt true for judges in DC.

In our November 16, 2011 article entitled, “Judge Bates “removed” from Hard Drive Productions, Inc. v. Does 1-1,495 (Case No.1:11-cv-01741) DC case,” we wrote about how Judge Bates courageously called the copyright troll extortion scheme for what it is, and he halted all subpoena requests for John Doe Defendants. However, it was apparent to us at the Cashman Law Firm, PLLC that as soon as he did so, the other judges (“crabs“) grabbed at him and stopped him from killing the case. If you remember from our post, Judge Bates was immediately removed from the case and Judge Facciola replaced him (almost as if there was a DC conspiracy to promote copyright enforcement efforts by porn production companies such as Hard Drive Productions, Inc.).

As of yesterday, Judge Bates caved in and wrote a scathing order describing in detail how and why Hard Drive Productions, Inc. should be allowed to force the ISPs to hand over the subscriber information for the John Does implicated in this case. In addition, siding with Judge Facciola and Judge Beryl Howell, Judge Bates agreed that internet subscribers have no expectation of privacy for the account information they provide to their ISP.  I wonder if the same thing holds true for my electricity bill.

What I found most offensive, however, was that Judge Bates initially promised John Doe Defendants that if they filed motions to quash anonymously, that they would remain anonymous (even if later denied). We have been advising internet users for almost a year now to be VERY WARY regarding Judge Bates’ promise because he could always go back on his word and unseal the motions to quash thus revealing the identities of those who filed them [and making the John Doe Defendants who filed these motions to quash targets for Prenda Law Inc.’s bloodthirsty desire for revenge (image)]. And I am hurting when I write this (because I hate it when I end up being right, especially when I fight against well-meaning individuals who think they are doing the right thing by following the instructions on the subpoena letters they receive from their ISPs and they file motions to quash), but as we suspected, it turns out that Judge Bates lied to us, and in yesterday’s order, he stated that “all sealed motions to quash will be ordered unsealed.”

In my opinion, I must point out that I have a respect for Judges, and I must believe that most of them (including Judge Bates) are good. In the legal system, just as there are copyright troll attorneys who abuse the legal system, these same “bad apples” plague the legal system because many of these bad apples sit on the bench and render one bad decision after another. Many people have called me “dark and jaded” for my opinions about these cases, and while I am not one to subscribe to a conspiracy theory, I do smell conspiracy here.

Looking over the order many times, I cannot shake the feeling that Judge Bates’ order smells as if it was written by Judge Beryl Howell. If you compare the terminologies used by each of the judges in the past, terms such as “putative defendants” was a term that Judge Howell uses, not Judge Bates, just as the Call of the Wild v. Does case referenced incessantly in the order was Judge Beryl Howell’s. In sum, “crabs grabbing crabs” applies here — it is my opinion that Judge Bates tried to crawl out of the “crab cage” and call this case for what it is; the other “crabs” merely clawed at him until he fell back in line with the others. Welcome to the DC court.

I do not have anything else to say about this case other than that ISPs will start handing out the subscribers’ information, and John Steele and the Prenda Law Inc. gang will start sending out “scare” letters, harassing John Doe Defendants, and will scare too many into settling before they retain someone like me to represent them (or anyone else who fights these cases).

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