The first time I wrote about R & D Film 1, LLC was in July, 2012 (see,”‘The Divide’ — Copyrighted Bait, New Copyright Trolls“). In that article, R&D Film 1, LLC was suing John Doe Defendants for the alleged download of their “C-RATED” movie, “The Divide” (my version of the image is above indicating that a copyright troll was overseeing the production of the film). After six months of collecting settlements from accused defendants, it appears as if they are at it again suing new defendants, and this time, they are doing it using local counsel Richard Symmes.
If you don’t remember my post about Richard Symmes (see, “More and More Trolls“). Richard is the one who filed six (6) lawsuits against a total of 330 defendants on behalf of Kintop Pictures, Inc. The funny about the Kintop Pictures cases is that without explanation, Symmes dismissed ALL OF THE CASES. We at the Cashman Law Firm, PLLC thought his law firm had grown a conscience and that they came to the understanding that suing individual defendants for the download of their client’s flick was immoral. I guess we were the ones who were naive. Here are his new lawsuits:
CASES FILED BY RICHARD SYMMES IN THE WESTERN DISTRICT OF WASHINGTON:
R & D Film 1 LLC v. Does 1-46 (Case No. 2:13-cv-00050)
R & D Film 1 LLC v. Does 1-45 (Case No. 2:13-cv-00051)
R & D Film 1 LLC v. Does 1-41 (Case No. 2:13-cv-00052)
R & D Film 1 LLC v. Does 1-22 (Case No. 2:13-cv-00053)
R & D Film 1 LLC v. Does 1-51 (Case No. 2:13-cv-00054)
R & D Film 1 LLC v. Does 1-50 (Case No. 2:13-cv-00055)
R & D Film 1 LLC v. Does 1-44 (Case No. 2:13-cv-00056)
R & D Film 1 LLC v. Does 1-16 (Case No. 2:13-cv-00057)
In total, on January 8th, 2013, Richard Symmes sued a total of 315 John Doe Defendants, all apparently living in Washington.
What annoys me about the R & D Film 1, LLC lawsuits is that they have been suing defendants for SIX MONTHS NOW for the SAME MOVIE. In each of their new lawsuits, they specifically state the specific title of bittorrent file was allegedly downloaded. If they have had SIX MONTHS to ponder the so-called “piracy” of the films, don’t you think they had enough time to send at least one DMCA “takedown” notice to the bittorrent website(s) who are hosting these same torrent files? Or, do you think that they are LOVING this “sue my customer” strategy? Quite frankly, a judge should have them show proof that they have taken steps to police their copyrights by filing the DMCA “takedown” letters with the websites hosting the torrents containing the pirated content, and if they cannot offer this proof, in my opinion, the judge should dismiss the case.
“By the way, if you are downloading “The Divide” on bittorrent and you can see those seeding the files to you in your bittorrent swarm, tell R & D Film 1, LLC that I say hello.”