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Archive for the ‘Copyright Trolls’ Category

Manny Black EyeIt appears to me as if the Manny Film LLC bittorrent piracy lawsuits in Southern Florida have just received their first black eye.

The Federal District Court in Florida has been grappling these past few years with the question of whether geolocation software is sufficient to identify the accused downloader. In short, federal venue rules (according to 28 U.S.C. §§ 1391(c) and 1400(a)) state (in the context of a bittorrent piracy lawsuit) that in order for a copyright holder to file a lawsuit against a John Doe Defendant, the copyright holder must assert that the accused John Doe Defendant a) lives in the federal district in which the lawsuit is filed, and b) that a substantial part of the downloading and/or uploading happened in the federal district. The purpose for this is so that the defendant is sued in the right court.

However, in following the “bouncing ball” of the legal argument at play, the Florida federal court has realized that the plaintiff and all of its complicated geolocation software cannot prove the identity of any defendant. Not even one.

The Manny Film plaintiff can prove an IP address was connected to a bittorrent swarm that was downloading and distributing an unlicensed copy of the copyrighted film. They can prove that the IP address can be traced to a location (e.g., the accused downloader’s house). However, there is a logical gap between knowing the location where the download happened, and knowing that the accused defendant [most frequently, the account holder] was the downloader.

HERE’S THE KICKER… if the geolocation software cannot assert who the downloader is, how can the Manny Film LLC copyright holder assert 1) that the accused downloader was the one who was using the computer to download the copyrighted film (they have not placed him at the keyboard at the time of the download), and 2) if the Manny Film LLC copyright holder cannot bring any proof through their geolocation software — their only source of evidence — to determine who the accused downloader is, how can they competently state for the purposes of satisfying the venue requirement that the the accused downloader (whoever he or she might be) lives in the state in which the lawsuit is filed?

“Judge, I don’t know who the downloader is, but if I did know, he would live in your district!” – Copyright Troll

This brings me back to this nuanced argument where I was trying to frame it in the context of a Rule 12(b)(6) motion. Here is an e-mail that I wrote on November 8th, 2012 (remember, our older articles are still relevant even today):

I don’t know how to put this more plainly, and I HATE a “silver-bullet” argument, but I fail to see the weakness in a [Federal Rules of Civil Procedure, Rule 12(b)(6)] motion for failure to state a claim where the plaintiffs only know a) that an IP address downloaded the stuff, and b) that the named defendant is the account holder. It’s a fine point [which in my mind can be hammered home in the courts] but I understand the argument to be that assuming everything in the plaintiff’s complaint to be true, there is nothing that implicates the named defendant to be the person who did the download. In other words, there is no conclusive link [perhaps I need to do more research as to how strong the link needs to be to survive a 12(b)(6) motion] between the real defendant as referenced in the complaint [or who this person should be], and the named defendant [the ISP account holder].

Two analogies — 1) someone makes an incriminating phone call; there is no proof that the person who pays the phone bill (subscriber) made the call; 2) someone’s car does damage — [barring the negligence claim, which other attorneys here have done a wonderful job of killing] is the owner liable for torts that are committed with his car if the plaintiff cannot prove that he was in the car when it caused the damage?

In short, an IP address is NOT a person, and proving that an IP address did the download does not prove that the subscriber was the one who did the download. 

So, turning back to the Manny Film LLC (Case No. 9:15-cv-80290) case in the Southern District of Florida, U.S. Magistrate Judge William Matthewman references various Malibu Media LLC films lawsuit orders, and in turn orders the Manny Film LLC plaintiff to answer the same questions which killed the Malibu Media v. John Doe (Case No. 14-cv-20213) case and related cases.  In the Malibu Media, LLC 14-CV-20213 case, (just for completeness,) Judge Ungaro stated “there is nothing that links the IP address location to the identity of the person actually downloading and viewing Plaintiff’s videos, and establishing whether that person lives in this district.”

The plaintiff has until March 31st, 2015 to do so, or else his Manny Film LLC cases filed in the U.S. District Court in the Southern District of Florida will all be in jeopardy (remember, a ruling in one case in a particular district is BINDING on other cases in that district).

Also see: Manny Film LLC bittorrent lawsuits are really a story of defense attorney betrayal.” (3/13/2015)

OTHER AFFECTED MANNY FILM LLC CASES:

In the U.S. District Court for the Southern District of Florida (FLSD)
Plaintiff Attorney: M. Keith Lipscomb of Lipscomb Eisenberg & Baker PLLC

Manny Film LLC v. John Doe (Case No. 0:15-cv-60454)
Manny Film LLC v. John Doe, subscriber assigned IP address 98.242.175.83 (Case No. 0:15-cv-60455)
Manny Film LLC v. John Doe, subscriber assigned IP address 98.249.236.20 (Case No. 0:15-cv-60456)
Manny Film LLC v. John Doe, subscriber assigned IP address 98.242.147.5 (Case No. 1:15-cv-20923)
Manny Film LLC v. John Doe, subscriber assigned IP address 76.26.2.226 (Case No. 9:15-cv-80306)
Manny Film LLC v. John Doe (Case No. 9:15-cv-80307)
Manny Film LLC v. John Doe (Case No. 1:15-cv-20924)
Manny Film LLC v. John Doe (Case No. 9:15-cv-80301)
Manny Film LLC v. John Doe (Case No. 9:15-cv-80302)
Manny Film LLC v. John Doe, subscriber assigned IP address 76.110.177.255 (Case No. 9:15-cv-80303)
Manny Film LLC v. John Doe, subscriber assigned IP address 75.74.122.227 (Case No. 1:15-cv-20920)
Manny Film LLC v. John Doe, subscriber assigned IP address 76.110.203.201 (Case No. 1:15-cv-20921)
Manny Film LLC v. John Doe, subscriber assigned IP address 66.176.226.21 (Case No. 0:15-cv-60444)
Manny Film LLC v. John Doe, subscriber assigned IP address 66.176.99.53 (Case No. 0:15-cv-60445)
Manny Film LLC v. John Doe, subscriber assigned IP address 66.229.140.101 (Case No. 0:15-cv-60446)
Manny Film LLC v. John Doe (Case No. 0:15-cv-60447)
Manny Film LLC v. John Doe (Case No. 1:15-cv-20905)
Manny Film LLC v. John Doe (Case No. 9:15-cv-80298)
Manny Film LLC v. John Doe (Case No. 0:15-cv-60448)
Manny Film LLC v. John Doe (Case No. 1:15-cv-20907)
Manny Film LLC v. John Doe (Case No. 9:15-cv-80297)
Manny Film LLC v. John Doe (Case No. 0:15-cv-60453)
Manny Film LLC v. John Doe (Case No. 0:15-cv-60438)
Manny Film LLC v. John Doe (Case No. 0:15-cv-60440)
Manny Film LLC v. John Doe (Case No. 0:15-cv-60441)
Manny Film LLC v. John Doe (Case No. 0:15-cv-60442)
Manny Film LLC v. John Doe, subscriber assigned IP address 174.61.56.69 (Case No. 1:15-cv-20894)
Manny Film LLC v. John Doe, subscriber assigned IP address 174.61.157.43 (Case No. 1:15-cv-20895)
Manny Film LLC v. John Doe (Case No. 1:15-cv-20896)
Manny Film LLC v. John Doe (Case No. 1:15-cv-20899)

In the U.S. District Court for the Middle District of Florida (FLMD)
Plaintiff Attorney: Daniel F. Tamaroff & David F. Tamaroff of Tamaroff & Tamaroff

Manny Film LLC v. John Doe (Case No. 3:15-cv-00262)
Manny Film LLC v. John Doe (Case No.3:15-cv-00263 )
Manny Film LLC v. John Doe (Case No. 3:15-cv-00265)
Manny Film LLC v. John Doe (Case No. 3:15-cv-00266)
Manny Film LLC v. John Doe (Case No. 6:15-cv-00366)
Manny Film LLC v. John Doe (Case No. 6:15-cv-00368)
Manny Film LLC v. John Doe (Case No. 6:15-cv-00370)
Manny Film LLC v. John Doe (Case No. 6:15-cv-00371)
Manny Film LLC v. John Doe (Case No. 6:15-cv-00373)
Manny Film LLC v. John Doe (Case No. 6:15-cv-00374)
Manny Film LLC v. John Doe (Case No. 6:15-cv-00377)
Manny Film LLC v. John Doe (Case No. 6:15-cv-00378)
Manny Film LLC v. John Doe (Case No. 6:15-cv-00380)
Manny Film LLC v. John Doe (Case No. 6:15-cv-00381)
Manny Film LLC v. John Doe (Case No. 6:15-cv-00382)
Manny Film LLC v. John Doe (Case No. 3:15-cv-00264)
Manny Film LLC v. John Doe (Case No. 6:15-cv-00365)
Manny Film LLC v. John Doe (Case No. 6:15-cv-00367)
Manny Film LLC v. John Doe (Case No. 6:15-cv-00369)
Manny Film LLC v. John Doe (Case No. 6:15-cv-00372)
Manny Film LLC v. John Doe (Case No. 6:15-cv-00375)
Manny Film LLC v. John Doe (Case No. 6:15-cv-00379)
Manny Film LLC v. John Doe (Case No. 8:15-cv-00506)
Manny Film LLC v. John Doe (Case No. 8:15-cv-00507)
Manny Film LLC v. John Doe (Case No. 8:15-cv-00508)
Manny Film LLC v. John Doe (Case No. 8:15-cv-00509)
Manny Film LLC v. John Doe (Case No. 8:15-cv-00510)
Manny Film LLC v. John Doe (Case No. 8:15-cv-00495)
Manny Film LLC v. John Doe (Case No. 8:15-cv-00496)
Manny Film LLC v. John Doe (Case No. 8:15-cv-00497)
Manny Film LLC v. John Doe (Case No. 8:15-cv-00498)
Manny Film LLC v. John Doe (Case No. 8:15-cv-00499)
Manny Film LLC v. John Doe (Case No. 8:15-cv-00500)
Manny Film LLC v. John Doe (Case No. 8:15-cv-00501)
Manny Film LLC v. John Doe (Case No. 8:15-cv-00502)
Manny Film LLC v. John Doe (Case No. 2:15-cv-00145)
Manny Film LLC v. John Doe (Case No. 8:15-cv-00503)
Manny Film LLC v. John Doe (Case No. 8:15-cv-00504)
Manny Film LLC v. John Doe (Case No. 8:15-cv-00505)

In the U.S. District Court of New Jersey (NJD)
Plaintiff Jordan Rushie sometimes misspelled on the court record as, “Jordan Rusie of Flynn Wirkus Young PC”

Manny Film LLC v. Doe (Case No. 1:15-cv-01497)
Manny Film LLC v. Doe (Case No. 1:15-cv-01498)
Manny Film LLC v. Doe (Case No. 1:15-cv-01529)
Manny Film LLC v. Doe (Case No. 1:15-cv-01530)
Manny Film LLC v. Doe (Case No. 1:15-cv-01531)
Manny Film LLC v. Doe (Case No. 1:15-cv-01533)
Manny Film LLC v. Doe (Case No. 1:15-cv-01534)
Manny Film LLC v. Doe (Case No. 1:15-cv-01539)
Manny Film LLC v. Doe (Case No. 1:15-cv-01564)
Manny Film LLC v. Doe (Case No. 1:15-cv-01565)
Manny Film LLC v. Doe (Case No. 2:15-cv-01482)
Manny Film LLC v. Doe (Case No. 2:15-cv-01483)
Manny Film LLC v. Doe (Case No. 2:15-cv-01484)
Manny Film LLC v. Doe (Case No. 2:15-cv-01487)
Manny Film LLC v. Doe (Case No. 2:15-cv-01488)
Manny Film LLC v. Doe (Case No. 2:15-cv-01495)
Manny Film LLC v. Doe (Case No. 2:15-cv-01503)
Manny Film LLC v. Doe (Case No. 2:15-cv-01504)
Manny Film LLC v. Doe (Case No. 2:15-cv-01517)
Manny Film LLC v. Doe (Case No. 2:15-cv-01518)
Manny Film LLC v. Doe (Case No. 2:15-cv-01520)
Manny Film LLC v. Doe (Case No. 2:15-cv-01521)
Manny Film LLC v. Doe (Case No. 2:15-cv-01522)
Manny Film LLC v. Doe (Case No. 2:15-cv-01523)
Manny Film LLC v. Doe (Case No. 2:15-cv-01528)
Manny Film LLC v. Doe (Case No. 2:15-cv-01532)
Manny Film LLC v. Doe (Case No. 2:15-cv-01535)
Manny Film LLC v. Doe (Case No. 2:15-cv-01536)
Manny Film LLC v. Doe (Case No. 2:15-cv-01537)
Manny Film LLC v. Doe (Case No. 2:15-cv-01538)
Manny Film LLC v. Doe (Case No. 2:15-cv-01540)
Manny Film LLC v. Doe (Case No. 2:15-cv-01541)
Manny Film LLC v. Doe (Case No. 2:15-cv-01542)
Manny Film LLC v. Doe (Case No. 3:15-cv-01489)
Manny Film LLC v. Doe (Case No. 3:15-cv-01490)
Manny Film LLC v. Doe (Case No. 3:15-cv-01545)
Manny Film LLC v. Doe (Case No. 3:15-cv-01552)
Manny Film LLC v. Doe (Case No. 3:15-cv-01553)
Manny Film LLC v. Doe (Case No. 3:15-cv-01554)
Manny Film LLC v. Doe (Case No. 3:15-cv-01557)

In the U.S. District Court for the Eastern District of Pennsylvania (PAED)
Plaintiff Attorney: Christopher P. Fiore of Fiore & Barber LLC

Manny Film LLC v. John Doe (Case No. 2:15-cv-01157)
Manny Film LLC v. John Doe (Case No. 2:15-cv-01156)
Manny Film LLC v. John Doe (Case No. 2:15-cv-01158)
Manny Film LLC v. John Doe (Case No. 2:15-cv-01159)
Manny Film LLC v. John Doe (Case No. 2:15-cv-01163)
Manny Film LLC v. John Doe (Case No. 2:15-cv-01164)
Manny Film LLC v. John Doe (Case No. 2:15-cv-01165)
Manny Film LLC v. John Doe (Case No. 2:15-cv-01166)
Manny Film LLC v. John Doe (Case No. 2:15-cv-01167)
Manny Film LLC v. John Doe (Case No. 2:15-cv-01168)
Manny Film LLC v. John Doe (Case No. 2:15-cv-01170)
Manny Film LLC v. John Doe (Case No. 2:15-cv-01171)
Manny Film LLC v. John Doe (Case No. 2:15-cv-01172)
Manny Film LLC v. John Doe (Case No. 2:15-cv-01173)
Manny Film LLC v. John Doe (Case No. 2:15-cv-01174)
Manny Film LLC v. John Doe (Case No. 2:15-cv-01175)
Manny Film LLC v. John Doe (Case No. 2:15-cv-01176)
Manny Film LLC v. John Doe (Case No. 2:15-cv-01178)
Manny Film LLC v. John Doe (Case No. 2:15-cv-01179)
Manny Film LLC v. John Doe (Case No. 2:15-cv-01180)

In the U.S. District Court for the Northern District of Ohio (OHND)
Plaintiff Attorney: Yousef Faroniya

Manny Film, LLC v. Doe (Case No. 1:15-cv-00465)
Manny Film, LLC v. Doe (Case No. 1:15-cv-00466)
Manny Film, LLC v. Doe (Case No. 1:15-cv-00467)
Manny Film, LLC v. Doe (Case No. 3:15-cv-00463)
Manny Film, LLC v. Doe (Case No. 3:15-cv-00464)
Manny Film, LLC v. Doe (Case No. 3:15-cv-00461)
Manny Film, LLC v. Doe (Case No. 3:15-cv-00462)
Manny Film, LLC v. Doe (Case No. 1:15-cv-00451)
Manny Film, LLC v. Doe (Case No. 1:15-cv-00460)
Manny Film, LLC v. Doe (Case No. 1:15-cv-00444)

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Manny Copyright Troll

PERSONAL NOTE: I started writing this article about the Manny Pacquiao film lawsuits, and the more I read about the cases, the more upset I got. The gist of the article was originally going to be that the same plaintiff “copyright troll” attorneys who have been filing cases against John Doe Defendants for their Malibu Media LLC client are the same attorneys for the many Manny Film LLC cases filed across the U.S.  Thus, we will be able to predict when representing clients what they will be doing with these lawsuits.

However, there is a real story here with the Manny Film LLC lawsuits, and that story is how the copyright trolls have succeeded in luring those who I considered my peers (fellow defense attorneys) to switch sides to the plaintiff “copyright troll” side of these abusive lawsuits and start suing the very same group of people they once built their reputation swearing to protect. That’s the real story.

Imagine you are downloading the “Top Ten Pirated Movies” from TorrentFreak… Exodus: Gods and Kings… The Hobbit… Fifty Shades of Grey… the newest Hunger Games… and you say, “oh yeah, let me pull that crappy looking movie that is also here, Manny (2014). Maybe it will be the new Rocky.”

How upset would you be after you wasted 88 minutes of your life that you will never get back, and you realize that critics HATED the film? How much more upset would you be when you receive a subpoena notice in the mail from your ISP that you have been sued in federal court for the piracy of …not Fifty Shades of Grey… not the Hobbit or Hunger Games… but for that Manny Pacquiao film?!? How much more upset would you be when you find out that the copyright holder / corporate entity for that Manny Pacquiao film, “Manny Film LLC,” has hired Lipscomb & Eisenberg, the law firm behind ALL of the copyright troll attorneys who have been filing the Malibu Media, LLC lawsuits all across the U.S.?

Then, how would you feel if you found out that the local attorneys hired by Lipscomb generally don’t play fair when discovery is requested, or when a valid defense is asserted? And when you learn that all of the Malibu Media dirty little secrets that their digital forensics are flawed (just as Manny Film LLC’s forensics are probably equally as flawed), how would you feel then when they block your attempts at discovering the truth of their operation?  Then, when you decided to make a reasonable offer to settle the claims against you, how would you feel when the plaintiff attorneys reject your reasonable offer, and instead they offer you an INCOME-BASED SETTLEMENT — a settlement NOT based on the fair market value of the movie you downloaded, but rather a settlement based on your neighborhood’s median income based on public information and property values in your zip code?

Yep, I could imagine you’d be a bit upset.

Let’s make this a bit more personal.  As of writing this article, it appears as if over 150 cases have been filed so far in four (4) states — New Jersey, Ohio, and notably, Florida and Pennsylvania.  The plaintiff attorneys in the Manny Film LLC  cases are the same attorneys that you will find for the Malibu Media lawsuits, and thus we already have an idea of what to expect from each character:

Yousef Faroniya is handling the Ohio lawsuits. He’s the one who doesn’t like speaking to people over the phone.

Keith Lipscomb himself is the attorney handling the Florida lawsuits (although I suspect he’s the kingpin behind all of the lawsuits filed in every state).

Jordan Rushie is handling the New Jersey lawsuits (I half expected him to take the PA lawsuits as well since PA is his backyard, but Lipscomb’s local counsel Chris Fiore [who successfully filed many cases against John Doe Defendants and is best known for Malibu Media’s first “win” in the PA courts under what are known as the Malibu Media Bellwether cases] already was there as a copyright troll for Keith Lipscomb). The interesting part about Jordan is that he’s a “switch-hitter.” One day, he’ll represent a defendant, and the next day, he’ll represent a copyright troll. Perhaps he likes boxing, or maybe with the dissociation of his partnership with Leo Mulvihill at the Fishtown lawyers, he’s looking to either make a name for himself, and teaming up with the largest of the copyright trolls is a way to get everyone’s attention.

What bothers me about Jordan Rushie playing plaintiff is that I suspect that he is an apprentice of Marc Randazza (I expect Marc has mentored him quite well since they started working together in 2012). Thus, anyone who knew the then-innocent Jordan Rushie from before the partnership (you know, the guy who posted on twitter comments and even made a YouTube video about his leather briefcase, and asking the Twitter world which bag looked most professional so that he can look good when he shows up in court) will likely see a very different and more seasoned Jordan Rushie with these lawsuits.

Since I mentioned Marc’s name, Marc Randazza was the plaintiff attorney for the Liberty Media Holdings, LLC (most notably, Liberty Media Holdings, LLC v. John Does 1-441 where he broke the mold of how far a copyright troll is willing to push a lawsuit, where while most copyright trolls only huff and bluff about naming and serving defendants, Marc didn’t even threaten to do so — he just did it. His settlements were also significantly higher than the average and included questionable stipulated settlements. Jordan Rushie in 2012 became his local counsel, and no doubt, the schooling Marc hopefully has given him will make Jordan a formidable attorney to anyone who downloaded that Manny movie.

Lastly, I don’t know if I read this correctly, but I think (UPDATE: I did, and I am very upset about this) I also saw that David Tamaroff and Daniel Tamaroff of their Tamaroff & Tamaroff Law Firm were the plaintiff attorneys for all of the Florida Middle District cases. This is not only upsetting — this is a betrayal, as David and his brother Daniel have spent so much money, time, and effort trying to build their practice on the DEFENSE side of things. Why they would ruin their reputation and start representing the copyright troll side of the lawsuits is beyond me. Don’t they realize that copyright trolling is a slippery slope, and eventually it leads to the copyright troll losing his law license?!? All I could say to them is, “Tread carefully. Trolling is a slippery slope, especially with the company of folks you’ve aligned yourselves with.”

There you go. The Manny film. Quite honestly, who cares even a little bit about the film. The people behind the Manny film obviously have crooked morals, as they have chosen Lipscomb and the Malibu Media gang to use their copyrighted film to extort money from what will be countless internet users. I wonder how many of those who will be the accused downloaders even watched the film that they downloaded, and if so, I wonder whether they recall the experience, and would they do it again if they knew what was going to happen to them next. AT LEAST when speaking to Malibu Media defendants, I sometimes get a guilty chuckle from the accused downloaders saying, “yeah, those were good videos.”

Filed in the U.S. District Court of New Jersey (NJD)
Plaintiff Jordan Rushie sometimes misspelled on the court record as, “Jordan Rusie of Flynn Wirkus Young PC”

Manny Film LLC v. Doe (Case No. 1:15-cv-01497)
Manny Film LLC v. Doe (Case No. 1:15-cv-01498)
Manny Film LLC v. Doe (Case No. 1:15-cv-01529)
Manny Film LLC v. Doe (Case No. 1:15-cv-01530)
Manny Film LLC v. Doe (Case No. 1:15-cv-01531)
Manny Film LLC v. Doe (Case No. 1:15-cv-01533)
Manny Film LLC v. Doe (Case No. 1:15-cv-01534)
Manny Film LLC v. Doe (Case No. 1:15-cv-01539)
Manny Film LLC v. Doe (Case No. 1:15-cv-01564)
Manny Film LLC v. Doe (Case No. 1:15-cv-01565)
Manny Film LLC v. Doe (Case No. 2:15-cv-01482)
Manny Film LLC v. Doe (Case No. 2:15-cv-01483)
Manny Film LLC v. Doe (Case No. 2:15-cv-01484)
Manny Film LLC v. Doe (Case No. 2:15-cv-01487)
Manny Film LLC v. Doe (Case No. 2:15-cv-01488)
Manny Film LLC v. Doe (Case No. 2:15-cv-01495)
Manny Film LLC v. Doe (Case No. 2:15-cv-01503)
Manny Film LLC v. Doe (Case No. 2:15-cv-01504)
Manny Film LLC v. Doe (Case No. 2:15-cv-01517)
Manny Film LLC v. Doe (Case No. 2:15-cv-01518)
Manny Film LLC v. Doe (Case No. 2:15-cv-01520)
Manny Film LLC v. Doe (Case No. 2:15-cv-01521)
Manny Film LLC v. Doe (Case No. 2:15-cv-01522)
Manny Film LLC v. Doe (Case No. 2:15-cv-01523)
Manny Film LLC v. Doe (Case No. 2:15-cv-01528)
Manny Film LLC v. Doe (Case No. 2:15-cv-01532)
Manny Film LLC v. Doe (Case No. 2:15-cv-01535)
Manny Film LLC v. Doe (Case No. 2:15-cv-01536)
Manny Film LLC v. Doe (Case No. 2:15-cv-01537)
Manny Film LLC v. Doe (Case No. 2:15-cv-01538)
Manny Film LLC v. Doe (Case No. 2:15-cv-01540)
Manny Film LLC v. Doe (Case No. 2:15-cv-01541)
Manny Film LLC v. Doe (Case No. 2:15-cv-01542)
Manny Film LLC v. Doe (Case No. 3:15-cv-01489)
Manny Film LLC v. Doe (Case No. 3:15-cv-01490)
Manny Film LLC v. Doe (Case No. 3:15-cv-01545)
Manny Film LLC v. Doe (Case No. 3:15-cv-01552)
Manny Film LLC v. Doe (Case No. 3:15-cv-01553)
Manny Film LLC v. Doe (Case No. 3:15-cv-01554)
Manny Film LLC v. Doe (Case No. 3:15-cv-01557)

Filed in the U.S. District Court for the Eastern District of Pennsylvania (PAED)
Plaintiff Attorney: Christopher P. Fiore of Fiore & Barber LLC

Manny Film LLC v. John Doe (Case No. 2:15-cv-01157)
Manny Film LLC v. John Doe (Case No. 2:15-cv-01156)
Manny Film LLC v. John Doe (Case No. 2:15-cv-01158)
Manny Film LLC v. John Doe (Case No. 2:15-cv-01159)
Manny Film LLC v. John Doe (Case No. 2:15-cv-01163)
Manny Film LLC v. John Doe (Case No. 2:15-cv-01164)
Manny Film LLC v. John Doe (Case No. 2:15-cv-01165)
Manny Film LLC v. John Doe (Case No. 2:15-cv-01166)
Manny Film LLC v. John Doe (Case No. 2:15-cv-01167)
Manny Film LLC v. John Doe (Case No. 2:15-cv-01168)
Manny Film LLC v. John Doe (Case No. 2:15-cv-01170)
Manny Film LLC v. John Doe (Case No. 2:15-cv-01171)
Manny Film LLC v. John Doe (Case No. 2:15-cv-01172)
Manny Film LLC v. John Doe (Case No. 2:15-cv-01173)
Manny Film LLC v. John Doe (Case No. 2:15-cv-01174)
Manny Film LLC v. John Doe (Case No. 2:15-cv-01175)
Manny Film LLC v. John Doe (Case No. 2:15-cv-01176)
Manny Film LLC v. John Doe (Case No. 2:15-cv-01178)
Manny Film LLC v. John Doe (Case No. 2:15-cv-01179)
Manny Film LLC v. John Doe (Case No. 2:15-cv-01180)

Filed in the U.S. District Court for the Northern District of Ohio (OHND)
Plaintiff Attorney: Yousef Faroniya

Manny Film, LLC v. Doe (Case No. 1:15-cv-00465)
Manny Film, LLC v. Doe (Case No. 1:15-cv-00466)
Manny Film, LLC v. Doe (Case No. 1:15-cv-00467)
Manny Film, LLC v. Doe (Case No. 3:15-cv-00463)
Manny Film, LLC v. Doe (Case No. 3:15-cv-00464)
Manny Film, LLC v. Doe (Case No. 3:15-cv-00461)
Manny Film, LLC v. Doe (Case No. 3:15-cv-00462)
Manny Film, LLC v. Doe (Case No. 1:15-cv-00451)
Manny Film, LLC v. Doe (Case No. 1:15-cv-00460)
Manny Film, LLC v. Doe (Case No. 1:15-cv-00444)

Filed in the U.S. District Court for the Middle District of Florida (FLMD)
Plaintiff Attorney: Daniel F. Tamaroff & David F. Tamaroff of Tamaroff & Tamaroff

Manny Film LLC v. John Doe (Case No. 3:15-cv-00262)
Manny Film LLC v. John Doe (Case No.3:15-cv-00263 )
Manny Film LLC v. John Doe (Case No. 3:15-cv-00265)
Manny Film LLC v. John Doe (Case No. 3:15-cv-00266)
Manny Film LLC v. John Doe (Case No. 6:15-cv-00366)
Manny Film LLC v. John Doe (Case No. 6:15-cv-00368)
Manny Film LLC v. John Doe (Case No. 6:15-cv-00370)
Manny Film LLC v. John Doe (Case No. 6:15-cv-00371)
Manny Film LLC v. John Doe (Case No. 6:15-cv-00373)
Manny Film LLC v. John Doe (Case No. 6:15-cv-00374)
Manny Film LLC v. John Doe (Case No. 6:15-cv-00377)
Manny Film LLC v. John Doe (Case No. 6:15-cv-00378)
Manny Film LLC v. John Doe (Case No. 6:15-cv-00380)
Manny Film LLC v. John Doe (Case No. 6:15-cv-00381)
Manny Film LLC v. John Doe (Case No. 6:15-cv-00382)
Manny Film LLC v. John Doe (Case No. 3:15-cv-00264)
Manny Film LLC v. John Doe (Case No. 6:15-cv-00365)
Manny Film LLC v. John Doe (Case No. 6:15-cv-00367)
Manny Film LLC v. John Doe (Case No. 6:15-cv-00369)
Manny Film LLC v. John Doe (Case No. 6:15-cv-00372)
Manny Film LLC v. John Doe (Case No. 6:15-cv-00375)
Manny Film LLC v. John Doe (Case No. 6:15-cv-00379)
Manny Film LLC v. John Doe (Case No. 8:15-cv-00506)
Manny Film LLC v. John Doe (Case No. 8:15-cv-00507)
Manny Film LLC v. John Doe (Case No. 8:15-cv-00508)
Manny Film LLC v. John Doe (Case No. 8:15-cv-00509)
Manny Film LLC v. John Doe (Case No. 8:15-cv-00510)
Manny Film LLC v. John Doe (Case No. 8:15-cv-00495)
Manny Film LLC v. John Doe (Case No. 8:15-cv-00496)
Manny Film LLC v. John Doe (Case No. 8:15-cv-00497)
Manny Film LLC v. John Doe (Case No. 8:15-cv-00498)
Manny Film LLC v. John Doe (Case No. 8:15-cv-00499)
Manny Film LLC v. John Doe (Case No. 8:15-cv-00500)
Manny Film LLC v. John Doe (Case No. 8:15-cv-00501)
Manny Film LLC v. John Doe (Case No. 8:15-cv-00502)
Manny Film LLC v. John Doe (Case No. 2:15-cv-00145)
Manny Film LLC v. John Doe (Case No. 8:15-cv-00503)
Manny Film LLC v. John Doe (Case No. 8:15-cv-00504)
Manny Film LLC v. John Doe (Case No. 8:15-cv-00505)

Filed in the U.S. District Courtfor the Southern District of Florida (FLSD)
Plaintiff Attorney: M. Keith Lipscomb of Lipscomb Eisenberg & Baker PLLC

Manny Film LLC v. John Doe (Case No. 0:15-cv-60454)
Manny Film LLC v. John Doe, subscriber assigned IP address 98.242.175.83 (Case No. 0:15-cv-60455)
Manny Film LLC v. John Doe, subscriber assigned IP address 98.249.236.20 (Case No. 0:15-cv-60456)
Manny Film LLC v. John Doe, subscriber assigned IP address 98.242.147.5 (Case No. 1:15-cv-20923)
Manny Film LLC v. John Doe, subscriber assigned IP address 76.26.2.226 (Case No. 9:15-cv-80306)
Manny Film LLC v. John Doe (Case No. 9:15-cv-80307)
Manny Film LLC v. John Doe (Case No. 1:15-cv-20924)
Manny Film LLC v. John Doe (Case No. 9:15-cv-80301)
Manny Film LLC v. John Doe (Case No. 9:15-cv-80302)
Manny Film LLC v. John Doe, subscriber assigned IP address 76.110.177.255 (Case No. 9:15-cv-80303)
Manny Film LLC v. John Doe, subscriber assigned IP address 75.74.122.227 (Case No. 1:15-cv-20920)
Manny Film LLC v. John Doe, subscriber assigned IP address 76.110.203.201 (Case No. 1:15-cv-20921)
Manny Film LLC v. John Doe, subscriber assigned IP address 66.176.226.21 (Case No. 0:15-cv-60444)
Manny Film LLC v. John Doe, subscriber assigned IP address 66.176.99.53 (Case No. 0:15-cv-60445)
Manny Film LLC v. John Doe, subscriber assigned IP address 66.229.140.101 (Case No. 0:15-cv-60446)
Manny Film LLC v. John Doe (Case No. 0:15-cv-60447)
Manny Film LLC v. John Doe (Case No. 1:15-cv-20905)
Manny Film LLC v. John Doe (Case No. 9:15-cv-80298)
Manny Film LLC v. John Doe (Case No. 0:15-cv-60448)
Manny Film LLC v. John Doe (Case No. 1:15-cv-20907)
Manny Film LLC v. John Doe (Case No. 9:15-cv-80297)
Manny Film LLC v. John Doe (Case No. 0:15-cv-60453)
Manny Film LLC v. John Doe (Case No. 0:15-cv-60438)
Manny Film LLC v. John Doe (Case No. 0:15-cv-60440)
Manny Film LLC v. John Doe (Case No. 0:15-cv-60441)
Manny Film LLC v. John Doe (Case No. 0:15-cv-60442)
Manny Film LLC v. John Doe, subscriber assigned IP address 174.61.56.69 (Case No. 1:15-cv-20894)
Manny Film LLC v. John Doe, subscriber assigned IP address 174.61.157.43 (Case No. 1:15-cv-20895)
Manny Film LLC v. John Doe (Case No. 1:15-cv-20896)
Manny Film LLC v. John Doe (Case No. 1:15-cv-20899)

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3/16 UPDATE: I have heard that CEG-TEK has retained an attorney who is filing the Dallas Buyers Club / Voltage Pictures bittorrent lawsuits in Canada to sue on behalf of their clients (it appears it may be James Zibarras).  Apparently they are doing it as a proof-of-concept to teach that Canada’s limited statutory damages ($5,000 CAN maximum) is per studio. CEG-TEK also claims that there were six months of warning letters (no settlement requested) before they started sending the settlement request letters.  Can anyone in Canada confirm or deny this?

“There is an untapped market of internet users in Canada who could be accused of copyright infringement and forced to pay thousands of dollars in settlement fees… or is there not?” -Copyright Trolls.

Canada until recently was a country which took steps to curb copyright trolling. They limited damages for copyright infringement to a maximum of $5,000 CAN (as opposed to $150,000 here in the U.S.). They set provisions where [with exceptions,] the plaintiff attorney in a lawsuit would need to pay their own attorney fees (as opposed to U.S. Copyright Law which allows a “prevailing party” to collect attorney fees from the non-prevailing party), and things were pretty good for the downloaders and pretty bad for the copyright holders. Who would ever sue in Canada?

Then it was explained to me that certain ISPs were sending what sounded like our “DMCA copyright infringement settlement letters” that we have seen from companies such as CEG-TEK. This evening, Techdirt wrote an article on the topic entitled, “More Copyright Trolls Rushing In To Take Advantage Of Canadian Copyright Notice System Loopholes.”

So apparently what was done to protect the Canadian internet users from copyright trolls has for the moment been undone. “Carte blanche, carpe diem, go get em tiger!” one might think. But I suspect this is only a temporary loophole. In an honest world, those who protected the internet users will continue to protect them, and attorneys will continue to defend against those who are accused of copyright infringement in Canada.

When I heard about what was going on this afternoon, I sighed, “O Canada!” Originally spelling it “Oh Canada,” I quickly found on Wikipedia under the “O Canada!” entry that there is actually an interesting distinction between the English version of the national anthem and the French version. The English version seemed passive (as I understand many mistake Canadians to be).  In my opinion based on my own family in Canada, the real character of Canada could be better found in the French version of Ô Canada! Where the English says, “O Canada, we stand on guard for thee,” the French version says “[We] will protect our homes and our rights. The French version also says, “As is thy arm ready to wield the sword, so also is it ready to carry the cross.”

In short, Canadians won’t stand for the copyright trolls, and I suspect this will be only a temporary problem which will be remedied by the legislature as quickly as a copyright troll might pop his head out from under the Pont de Québec and say “boo!”

A Translation of this article into French from a valued Contributor (just for fun): 

Le Canada jusqu’à récemment, était un pays qui a pris des mesures pour freiner les “copyright trolls” ou “pêcheurs à la traîne de droits d’auteurs”. Le Canada a limité les dommages pour violation de copyright à un maximum de 5000 $ CAN (par opposition à $ 150 000, ici aux USA). Au Canada, un demandeur victorieux doit le plus souvent payer ses propres frais d’avocat dans un procès (par opposition aux États-Unis ou la législaion permet à une “partie gagnante” de collecter ses frais d’avocat auprès de la partie perdante), et les choses étaient assez favorables aux téléchargeurs et assez mauvaises pour les détenteurs de droits d’auteur. Qui aurait jamais pensé poursuivre au Canada?

Ensuite, on m’a expliqué que certains FAI envoyaient ce qui ressemblait à nos “DMCA Copyright Violation Letter” comme celles que nous avons vues de la part de sociétés telles que CEG-TEK. Ce soir, Techdirt a écrit un article sur le sujet intitulé More Copyright Trolls Rushing In To Take Advantage Of Canadian Copyright Notice System Loopholes.”

Donc apparemment ce qui avait été fait pour protéger les internautes canadiens de copyright trolls est devenu chose du passé. “Carte blanche, carpe diem, go get ‘em tiger!”  On pourrait le penser. Mais je soupçonne que tout ceci est seulement temporaire. Dans un monde honnête, ceux qui protégeait les utilisateurs d’Internet vont continuer à les protéger, et les avocats continueront de défendre ceux qui sont accusés de violations de droits d’auteurs au Canada.

Cet après-midi, quand j’ai entendu parler de ce qui se passait, j’ai soupiré, «Ô Canada!» Originellement épelé “Oh Canada” j’ai rapidement trouvé sur Wikipedia l’article correspondant sous le titre “O Canada!” Article Wikipedia qui montre qu’il y a effectivement une distinction intéressante entre la version anglaise et la version française de l’hymne. La version anglaise semblait passive (les Canadiens sont parfois perçus comme passifs, à tort). À mon avis et basé sur ma propre famille au Canada, le vrai caractère du Canada pourrait être mieux trouvé dans la version française du Ô Canada! Là où les Anglophones disent: «O Canada, nous nous tenons sur nos gardes pour toi,” la version française indique ” Et ta valeur, de foi trempée, Protègera nos foyers et nos droits”. La version française dit aussi: “Car ton bras sait porter l’épée, Il sait porter la croix”.

Bref, les Canadiens ne toléreront pas les copyright trolls, et je soupçonne que ceci est seulement un problème temporaire qui sera corrigée par le législateur aussi rapidement qu’un copyright troll pourrait montrer sa tête sous le Pont de Québec et de faire ” boo! “

 

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In July, 2010, this blog was started to address the at-the-time unknown problem of copyright trolling.  For years, myself and my staff wrote articles explaining the business model of copyright trolling, which at the time was an adaptation of patent trolling (where “patent trolls” would file [often frivolous] lawsuits against alleged infringers who refused to pay what appeared to be a “shakedown” of the patent holders [e.g., “pay us or else you will end up having to pay even more to defend the claims against you in a federal court”], even when the patent being asserted against the would-be infringer had absolutely nothing to do with the product the targeted company was producing).

There were common threads between patent trolls and copyright trolls, and as the cases developed, there were common themes of how a copyright troll must act to make his model of extorting the public (the bittorrent internet users) profitable.  At the time, that included questions of 1) where and how can a copyright enforcement company or lawyer sue a group of defendants (personal jurisdiction), 2) how to link non-related downloaders into a cohesive set of defendants into a cohesive set of “John Doe Defendants,” (joinder, and my controversial strategy to force a copyright troll to sue the entire bittorrent swarm when a defendant is named and served) and 3) how to avoid risking the potential settlements from hundreds or thousands of accused bittorrent users by moving forward and “naming and serving” one or more defendants.  There were also time limits they faced based on a) how long the ISPs retained the records of which IP address was leased to which account holder / subscriber, b) statute of limitations on how long a copyright holder has to file a lawsuit, and c) how long a copyright troll attorney may keep a case alive before a judge imposes the time limits described in the Federal Rules of Civil Procedure (FRCP Rule 4m, a.k.a. the “120 Day Rule”).

Then, over the years, there arose a confusion under the discussions of “net neutrality” asking questions such as whether an internet service provider (ISP) was governed under the cable act, and if so, under what title.  The reason for this was that there were allegations that various ISPs were outright sharing the contact information of its subscribers without valid court orders to do so, thus violating the privacy rights of its subscribers.

In sum, there were a lot of issues, and we tackled each one over the course of almost five years.  The goal was to educate the bittorrent user and the accused downloader about the issues so that they understand how to act, react, and in many cases, fight against a group of attorneys with questionable ethics.

The problem is that these articles — the ones that have been so helpful to tens of thousands of accused defendants — these articles have been buried by the search engines because they are simply now aging and many articles are now many years old.  An accused defendant can no longer search for a “copyright troll” on Google and find any of my older articles.  [And, enterprising attorneys (and good for them) have put up websites containing SEO-based content full of keywords in hackneyed sentences, but devoid of useful content (e.g., the “contact our law firm, we can help you with your copyright troll lawsuit issue” type of website), while what I consider to be the “useful” content (not only mine, but content written by other attorneys in their blogs, and proactive users [really, trailblazers such as “Sophisticated Jane Doe” of FightCopyrightTrolls and “DieTrollDie”] in their respective blogs) is no longer accessible by typing the name of the particular copyright troll, issue, or case that has been recently filed.

What I will be doing to remedy this as far as this blog is concerned — and I apologize up front to the thousands of you who get updated on each and every article that I or a staff member of mine writes — is that I need to rehash some of the “older” content on the educational topics that I have already covered in the blog ad nauseam.  The reason for this is that the older content explaining the legal concepts in terms of the bittorrent lawsuits (and now in terms of the DMCA letters being sent to subscribers through the ISPs) is just as relevant today as it was five years ago.  There has been little-to-no judicial or legal oversight of the copyright trolls from the attorney generals of each state and from the lawmakers (both federal and in each state), and the problem and issues surrounding “copyright trolling” is just as relevant today as it was almost five years ago.

For these reasons, I need to violate my own preference not to repeat information or content that has already been described or hashed-out in previous articles (my opinion is that one article describing a topic is enough, and writing multiple articles containing the same topic “waters down” or “cheapens” the content of a website).  The reason I now feel the need to rehash some of the older topics is to re-teach those who have not yet been victimized by the copyright trolls, as my older articles are no longer found, even by those looking for that particular topic.

ALSO.  Copyright trolls are now enjoying a seed of legitimacy by the courts, where once upon a time us defense attorneys were “winning” the cases by arguing concepts such as “an IP address does not equal a person,” or “my client had an open wireless router, it could have been anyone who downloaded this video,” the arguments themselves have also aged and are now increasingly being ignored by the courts, even though the arguments remain “an elephant in the room,” meaning, just as valid today as they were yesterday.  On the flip-side, faulty and failed arguments (e.g., “are you negligent if you let someone else use your internet connection to commit copyright infringement” [Answer: NO!]) are being reasserted by the copyright trolls, and to my utter disbelief, they are not immediately being dismissed by the judges as being a faulty argument.

Copyright trolling has not changed in the past five years, and the successful arguments defending a case do not deserve to be ignored just because they have been used successfully by defendants in older lawsuits which too are aging.  Ignoring good case law is contrary to law, as successful arguments in one jurisdiction are binding on all other judges in that federal district, and are persuasive on cases in the federal districts in other cases.  Yet, I see more and more lawlessness in judges who ignore the case law from not only other jurisdictions, but from their own jurisdiction as well (creating a “split” in the court), and they are denying a John Doe defendant’s ability to assert what was a successful argument in another court (even one binding upon them in their own jurisdiction).

In sum, judges are allowing plaintiff copyright holders to sue larger number of defendants each week, even though nothing has changed making this new trend permissible (in my opinion, whether 200 defendants were sued by a plaintiff attorney in one lawsuit or in ten cases [having 20 defendants in each case] filed in the same week still means that 200 defendants were sued; it does not matter that the plaintiff made the cases “appear” to be smaller, especially if they are implicating the same bittorrent swarm in each of the ten cases).

Remember, the underlying copyright troll business model of “shakedown, extort thousands of dollars from each defendant, but avoid moving forward against anyone [but pretend that you are prepared to move to trial]” is still the same as it was five years ago.  It should not matter whether the content of the lawsuit is a Hollywood movie or an adult film.

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As a quick recap, the Dallas Buyers Club, LLC piracy lawsuits started in Texas and Ohio, and like a cancer, over the past year they have metastasized into the federal courts of Illinois, Florida, Oregon, Washington, Colorado, Michigan, Indiana, Wisconsin, and even Hawaii.  Copyright lawyers employed by Dallas Buyers Club have even moved their copyright enforcement activities offshore into Canada, Australia, Finland, Denmark, and Japan.

Regardless of where they go, their business model is the same — Voltage Pictures, LLC or Dallas Buyers Club, LLC files a peer-to-peer lawsuit alleging copyright infringement against multiple John Doe Defendants (generally referred to by plaintiffs as “pirates”), they convince a federal judge to rubber-stamp a subpoena demanding that the ISP turn over the contact information of the accused account holders unless the accused account holders file what is known as a “motion to quash.”  The target of the subpoena is almost always the account holder, implying that the account holder is the actual downloader or infringer who downloaded the Dallas Buyers Club (2013) movie.  The plaintiff attorney then sends one or multiple settlement demand letters to the accused downloaders in each case threatening that each will be “named and served” as a defendant in the lawsuit unless they pay a settlement of thousands of dollars (settlement requests average $3,500 to $6,500 [and in one case, $14,000, really?] depending on the state in which the lawsuit is filed).

Where the settlement demand letters blur the line of ethics is that many plaintiff attorneys employ scare tactics, making the John Doe Defendant believe that the lawsuit has already been filed against them personally.  Various attorneys have sent accused downloaders “waiver of service” forms and questionnaires along with their settlement demand letters suggesting that the not-yet-named-defendants answer these questions voluntarily, or that they waive service effectively negating the need for the plaintiff attorney to name and serve them as a defendant.

What bothers me is that because Dallas Buyers Club is not an “adult film” copyright infringement lawsuit (but rather, a “real” movie with a valid copyright and without the stigma of being an adult film), the federal judges are giving them leeway to move in and out of the federal courts to “enforce” their copyrights.  In U.S. copyright law, there is a legal presumption of validity, which means that a judge will initially lean towards favoring the copyright owner until that copyright owner has been shown to be abusing the legal process through a pattern of abuse.  Attorneys for copyright holders who represent the plaintiff generally (in our blog and in the eyes of the courts) get increased scrutiny because they have represented other copyright holders in similar lawsuits employing the same strategy of “sue and settle, but try not to name and serve [and if you do, bluff to the judge that you are prepared to go to trial on the merits of the case].”

These lawyers who file Dallas Buyers Club lawsuits (these are those who sue defendants, NOT those who defend defendants) include a growing list of attorneys, such as: Keith Vogt (Texas), Michael Hierl (Illinois), David Stephenson Jr. (Colorado), Eric Osterberg (Connecticut), Richard Fee (Florida), Paul Nicoletti (Michigan), Carl Crowell (Oregon), Leon Bass (Ohio), and Gregory Ferren (Hawaii).

Many of these names are familiar to those who have followed our “copyright troll” / bittorrent lawsuit blogs over the years, and we often see these names representing one copyright holder after another in the same fashion.  Regardless of who the lawyer is, be aware of the motivation of the Dallas Buyers Club lawsuits — to create a ‘windfall’ profit for the company by pursuing those who download the movie without authorization, and to scare and intimidate the accused downloaders into paying large settlement amounts to avoid defending the claims against them in court.

Related: Dallas Buyers Club launches post-Oscar copyright salvo, sues 615 Does (ArsTechnica)

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It occurred to me that there is some confusion as to the effect the amount of time ISPs keep IP address logs (linking a particular IP address to a particular subscriber) have on whether those records will be available to the copyright holder if a lawsuit is filed after that time period has elapsed.

The question that sparked this post is as follows:

If CEG-TEK hasn’t subpoenaed someones identity, but the ISP only retains IP information for one year, then after a year it would essentially be impossible for CEG-TEK to obtain the identity correct?

My answer:

In order to understand what is going on, it is important to know who-is-who, and who does what.

I: CEG-TEK (a.k.a. Copyright Enforcement Group):  CEG-TEK hasn’t sued anyone in two years, and thus there are never subpoenas sent to the ISPs.  CEG-TEK is hired by the copyright holders 1) to track the IP addresses of accused downloaders, 2) to maximize the settlement payment by establishing connections between current accused downloads and other “older” downloads that happened at that same location (using IP address geolocation data), 3) to elicit payment in the form of “settlements” from the accused users via their settlement website, and 4) to provide attorney enforcement for those who choose not to settle via the website.

How they do this: CEG-TEK establishes relationships with the ISPs (internet service providers, e.g., Charter, CenturyLink, Giganews, etc.) and they arrange for the ISPs to forward the DMCA settlement demand letters to their subscribers.  CEG-TEK has a website they use to elicit payments from accused downloaders.  Lastly, they have attorneys (e.g., Marvin Cable) who follow-up with accused downloaders (sometimes asking for increasingly larger amounts of money).  Contrary to what is said by the attorneys, neither CEG-TEK nor their lawyers [at the moment] sue people.

II: COPYRIGHT HOLDERS (generally, the production companies): After failing to receive a settlement via the CEG-TEK settlement process, the copyright holders themselves hire out attorneys who enforce their copyrights against those subscribers who “ignored” CEG-TEK’s offers to settle.  Sometimes the attorneys are no-name attorneys, and other times, they are prolific copyright trolls such as from the law firm of Lipscomb and Eisenberg (best known as the attorneys for the Malibu Media lawsuits).

III: ISPs (internet service providers, including Universities and select VPN service providers): ISPs generally hold IP address data (and to which subscriber it was assigned to, and on what date) for one year — check your ISP’s “IP retention policy.” Congress and the RIAA/MPAA are pushing to increase this amount of time to 18 months.  For comparison purposes, in 2010, IP address data was kept for only 6 months. 

NOTE: After the ISP’s “IP retention policy” time limit elapses, if there are no copyright infringement claims, legal claims or requests on a particular IP address assignment record, they will purge that record from their database, meaning that lawsuits, subpoenas, or requests filed AFTER DESTRUCTION will not reveal the subscriber’s identity because that data is no longer available.

HOWEVER, most ISPs have a SECOND DATABASE — this second database holds IP address assignment records which have had claims of copyright infringement asserted against the subscriber, and these records are often kept indefinitely. Thus, if a lawsuit happens YEARS later (even after the IP retention policy date has expired), the data indicating which subscriber was assigned what IP address on what date and time IS RETAINED and will be available to the copyright holders and their attorneys when suing subscribers.

Lastly, (and I did not include this in my initial response,) it is my experience that ISPs generally forward DMCA settlement demand requests LITERALLY WITHIN DAYS of the accused download actually happening.  For example, Charter literally pumps out letters to their subscribers FOUR DAYS after the downloads happen.  Now obviously there are hiccups where a subscriber will receive a pile of infringements at one time, or an infringement notice is withheld until after the CEG-TEK due date has passed, but in my understanding, when this happens, it is either a business-related issue between CEG-TEK and the ISP, or a staffing issue in the subpoena / abuse department at the ISP.

Thus, where CEG-TEK is concerned, I have never heard of a situation where CEG-TEK demands that the ISP forward a letter to a subscriber and the ISP denies that request based on the ISP’s IP retention policy making the subscriber’s information unavailable.

As far as copyright lawsuits in general, yes, the IP retention policy does factor in to when a lawsuit is filed.  I have personally seen a handful of copyright infringement lawsuits filed against John Doe Defendants fail because the ISPs were unable to identify the identities of the accused subscribers because the plaintiff took too long to file the lawsuit (or a judge took too long to approve the subpoena to the ISP demanding the identities of the accused subscribers), and by the time the request or subpoena was received by the ISP, the IP address assignment records were already purged.

Thus, even though a plaintiff copyright holder does have three years from the alleged date of infringement to file a lawsuit against an accused subscriber, they are still bound by the ISP’s IP retention policy if they wish to ever identify the accused subscriber.  That being said, it is the “SECOND DATABASE” which trips up most individuals, as many individuals accused of copyright infringement are not aware that ISPs keep certain IP address assignment records indefinitely (or for a prolonged period of time), and these IP address assignment records are those which have been flagged by a copyright holder, attorney, or other law enforcement agency prior to the expiration of the ISP’s IP retention policy.

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I am observing “shifting sands” when it comes to the number of internet users who are getting caught in the web of CEG-TEK DMCA-based settlement demand letters.

For almost two years, I have been telling people that there are three internet service providers who are working with Ira Siegel — Charter Communications, SuddenLink, and CenturyLink. This has been true, and continues to be true.

I have also told people that if your ISP is participating in the “Six Strikes” anti-piracy system — specifically, Comcast (Xfinity), Verizon, AT&T, Time Warner Cable, and Cablevision — then there is nothing to worry about (because these ISPs are no longer forwarding Ira Siegel’s DMCA settlement demand letters, meaning that there is nothing at the moment to settle).  This is NO LONGER TRUE.

In recent weeks, I have observed Comcast (Xfinity) infringement notices sent to subscribers in spite of the “Six Strikes” system being in place.  [The Comcast notices contain relevant infringement information, yet only reference the “CEG-TEK Case Number;” Comcast has, however, neglected to provide the password so that the accused downloader could visit CEG-TEK’s website to determine what claims they have against him.  The unintended consequence is that in order to see what claim(s) CEG-TEK has against the accused subscriber, the subscriber would be forced to contact CEG-TEK directly to obtain the password corresponding to the Case Number (thus exposing his identity, and potentially incriminating himself when answering questions). Direct communication with copyright trolls is a big no-no, as you know it is my opinion that communicating directly with them is a bad idea because their goal is to extract a large settlement from you on behalf of their clients.]

As for the 100+ small and mid-sized ISPs who did not join the “Six Strikes” system, with hindsight, we now know that CEG-TEK has spent the last two years on an aggressive campaign to enroll as many ISPs to work with them as they could… “to stop piracy,” of course.  While it was surprising to us is that CEG-TEK went after Giganews and a growing number of VPN providers (finding the downloaders where the downloaders allegedly reside), the breaking news is that CEG-TEK has signed on COX Communications to send Ira Siegel’s DMCA letters to their subscribers.

Again, just in case you missed it — COX COMMUNICATIONS is now working with CEG-TEK.

Cox Communications has literally millions of subscribers.  They were almost expected to be part of the “Six Strikes” system, but then they declined to join keeping them free of the “Six Strikes” rules.

On a personal note, Cox used to annoy me when various copyright trolls would sue their subscribers. Instead of housing a subpoena department internally, they used to outsource all of their business relating to their subscribers to a company named NEUSTAR, a company that was complicit and merciless in turning over the records of hundreds of accused defendants in the copyright trolling lawsuits over the years.

In sum, with this article I take back a number of things that I thought almost two years ago, namely that the Six Strikes system would kill CEG-TEK’s business.  As you can see from the list below, CEG-TEK has responded to the “Six Strikes” system by focusing their efforts on growing the number of ISPs who are working with them.  Now that they have Cox Communications on board, this will be a problem for many thousands of users in the months and years to come.

Below is a list of ISPs who have been known to forward Ira Siegel’s DMCA settlement demand letters.  This list is obviously incomplete (and I have no intention of updating this list), but what is important is that two years ago, these ISPs were not working with CEG-TEK.  Now they are, and accused internet users are receiving notices of infringement instructing that they visit CEG-TEK’s website and settle the claims against them.

LIST OF INTERNET SERVICE PROVIDERS KNOWN TO WORK WITH CEG-TEK:
AeroSurf
AirtranNet
Arvig
Ashland Home Net
Bloom Broadband
Blue Ridge Communications
CenturyLink
Charter Communications
CondoInternet
DigitalOcean
EPB Fiber Optics
First Communications
GigaNews
Google Fiber
Hotspot Broadband
Internet Services of Cincinnati (ISOC.net)
MetroCast
Midcontinent Communications
Mid-Rivers Communications
Morris Broadband
NeoNova Network Services
OlyPen Cable
PenTel Data (another name for Blue Ridge Communications)
ResTech
SuddenLink Communications
ViaSat / Exede Internet
StrongVPN
Whidbey Telecom
WildBlue (service through ViaSat)

UNIVERSITIES KNOWN TO FORWARD CEG-TEK SETTLEMENT DEMAND LETTERS:
Rice University
Columbia University
Cornell University
Stanford University
University of Michigan
Wisconsin University
University of Alaska

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