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Posts Tagged ‘Malibu Media LLC’

Yesterday, I wrote about how the Malibu Media, LLC filings stopped dead towards the end of April 2016, and continued for three months (~90 days) to be SILENT… NOT EVEN ONE new case was filed.

Until July 21st, where over the next month, Malibu filings came in with a rush of 134 new cases — 75 in the last ten (10) days of July, and then another 59 cases in August — and then again… SILENCE.

Until October, where someone at Malibu pulled a lever, and each of their local attorneys filed roughly ten cases every few days until a total of 109 cases were filed, but then again… SILENCE.

After Lipscomb and Malibu Media, LLC parted ways in April, I thought Malibu Media — the largest copyright troll ever (have you ever known any person or entity to file 6,800 cases for ONE CLIENT?) — was dead. But rather than being a dead copyright troll, it occurred to me that not only is Malibu Media, LLC still “alive,” so to speak, but the pattern in which they are filing their cases actually replicates a monster [or troll] BREATHING.

You might ask yourself whether I just claimed that Malibu Media is breathing, and I am answering YES. Every 90 days, they are coming out with roughly 100 cases, like the breath of a dragon, or in in the spirit of their name, like the ebb and flow of the waves that crash across the Malibu shores.

That sounds all artistic, but really, there appears to be a hard-nosted money number behind their filings. $20,000. Malibu Media, LLC appears to be trying to keep their monthly filings costs to $20,000/month.

How? (admittedly, this is a stretch, but there is a point.)
July = 75 filings x $400 per filing = $30,000
August = 59 filings x $400 per filing = $23,600 (-16 cases)
September = ZERO FILINGS. (-75 cases)
October = 109 filings x $400 per filing = $43.600
November = ZERO FILINGS. (-75 cases)
December = ZERO FILINGS. (-75 cases)

TOTAL CASES FILED in two quarters: 243 cases / 5 months = avg 48.6 cases/mo.
~50 cases/mo (rounding up) /6 months = $20,000/mo.

Okay, so what does that mean for me or for you? Nothing… except to expect another 100 filings in January 2017 ...but not in California.


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.

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In my last article, I mentioned that “On April 18th, 2016, Keith Lipscomb told all of his local counsel that he is no longer representing Malibu Media, LLC (citing a lack of profitability).”

Was Lipscomb right? Were the Malibu Media LLC v. Doe lawsuits no longer profitable?:

I thought a lot about this one, and I will answer it using fuzzy numbers (rough estimates).

Malibu Media, LLC filed 6,800+ lawsuits in federal courts.  Since the start of their lawsuit, the cost of filing a lawsuit increased to $400.

$400 filing fee/case x 6,800 cases = $2.7 Million in filing fees (likely $2.4 mil based on the fee change because the filing fee was not always $400).

6,800 cases, estimate 10% pay a settlement fee (one out of every ten John Doe Defendants), and assume an average settlement amount of $10,000.  [6,800 cases x .1 settlement rate = 680 settlements x $10K/settlement = $6.8 Million in settlement funds received].

But what if the average settlement was $8,000 but they didn’t tell you about that, and only 5% actually paid the settlement?  Then the numbers would look like this: [6,800 cases x .05 settlement rate = 340 settlements x $8K/settlement = only $2.72 Million in settlement funds received].

Now the local attorneys who “extract” the settlement likely get a 30% piece of the settlement.  So let’s assume 30% in commissions goes to the local counsel. [$2.72 Million in settlements received x .7 [that’s 70% after the 30% attorney cut] = $1.9 Million Left for Lipscomb].

Subtract the $1.9 Million Left for Lipscomb from the $2.7 Million in filing fees paid, and Lipscomb has a loss.  Likely a businessman like Lipscomb would see this coming and would not allow 6,800 cases to be filed if they were not significantly more profitable.  Thus, I think my original numbers were more accurate (if not, Lipscomb was not a smart businessman and is about to file for bankruptcy).

Going back to the original numbers, even if you take the original assumptions of a 10% settlement rate, and an average settlement of $10K (=$6.8 Million), minus the local counsel’s 30% cut, that leaves a net profit of $4.76 Million Left for Lipscomb.  Minus the $2.7 Million in filing fees from the $4.76 Million Left for Lipscomb, and that leaves a $2 Million Net Profit, but Lipscomb only paid Malibu Media $100,000 (which would be a 5% commission rate to Malibu Media, LLC).

Thus, based on what the real numbers actually were, I do see how Lipscomb may be able to claim that the copyright trolling campaign was not profitable for him.  My best guess is that the truth of what the numbers really were are somewhere in between my estimations, however, the only way we will be able to learn the truth is 1) if it comes out in discovery in the Malibu v. Lipscomb lawsuit, or 2) if the feds analyze their books.


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.

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3/17 UPDATE: Judge Matthewman filed the identical “order to show cause” as described in yesterday’s “Florida ‘Manny Film LLC v. John Doe’ cases suffer a black eye (FLSD)” article. (Thanks to SJD @fightcopytrolls’ Twitter post [and link] for tipping me off to this trend.)

What this means is that as of this afternoon, the judge has begun to scrutinize the other Manny Film, LLC cases filed in the Florida Southern District Court (this time, Case No. 9:15-cv-80298). This one is due April 1st, 2015. I would not be surprised if the judge continues to go down the list of “Manny Film” cases filed in the Florida Southern District Court and kills each one, one “order to show cause” at a time.

It is also important to note that in my estimation, the Manny Film LLC lawsuits are “cut-and-paste” lawsuits copied from the Malibu Media, LLC lawsuits filed across the United States.  Unfortunately for Keith Lipscomb (the mastermind behind each of the Malibu Media, LLC lawsuits, and now, the mastermind behind each and every Manny Film LLC lawsuit soon-to-be-filed across the U.S. District Courts), these ‘orders to show cause’ pose an existential threat to not only the Florida-based federal cases, but also to the other Manny Film LLC cases filed in the other federal district courts (upon which these Florida federal cases [when considered by the other federal judges] will be PERSUASIVE).

EDUCATIONAL NOTE: Even if all of the Manny Film LLC cases go away, the “Florida ‘Manny Film LLC v. John Doe’ cases suffer a black eye (FLSD)” article is still helpful to discuss the concept that “an IP address (even one tracked to a particular defendant’s address using “solid” geolocation software) is INSUFFICIENT to identify and sue the account holder as the defendant in a bittorrent copyright infringement lawsuit.” Using the geolocation data alone as their source of “evidence” to support their claim of copyright infringement, a plaintiff cannot properly state that the defendant 1) lives in the district for venue purposes, and 2) the plaintiff arguably even “fails to state a claim” against the accused defendant (FRCP Rule 12(b)(6) language) because such geolocation software “evidence” does not prove (or sufficiently state) that the accused defendant is the downloader.


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.

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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).


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.

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.”


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.

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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Malibu Media, LLC has been filing lawsuits across the U.S. with a fervor with one change — most of them appear to be “Single John Doe” lawsuits against defendants whom they believe have deep pockets.

In other words, it appears that Malibu is looking at the geolocation data of the various IP addresses of the so-called downloaders, and they are going after defendants who live in towns which have high value residential homes. I know this because based on the individuals who call our office, a disproportionate number of them have commented that they have multi-million dollar estates, and they were wondering whether it was ethical to target high value individuals in their copyright infringement lawsuits.

To make matters worse, Malibu Media, LLC appears to have incentivized their local counsel with financial rewards for bringing in higher settlements. In the olden days, I could have called one of their contacts directly, and within a few phone calls, I knew what kind of settlement a defendant could get based on how many “titles” or alleged instances of infringement they were accused of downloading. From there, the client and I would decide whether it made more financial sense to fight the case by waiting to be named and filing an answer in court, or whether it made more financial sense to settle the case. Malibu has complicated this process in order to provide the appearance of legitimacy for the courts. Now, they are having their local counsel negotiate the settlements themselves. This would be okay, but it is my experience that local counsel are asking for higher numbers than I know Malibu would have settled for just a few months ago. “The old settlement numbers you used to have with Malibu are no longer in effect,” one local counsel told me as she pushed for higher numbers. “We are doing this ourselves now.”

To make matters worse, when Malibu Media, LLC identifies a downloader by his IP address, they track that IP address and monitor that defendant to see what other bittorrent files that defendant is downloading (wiretap?). They continue to monitor that defendant downloading non-Malibu Media titles such as “The Walking Dead,” “Homeland,” “Breaking Bad,” often creating a list multiple pages long of “other” infringing activities that defendant has taken part in. Their logic is that because a particular defendant downloaded those other titles, he is a “serial downloader” and thus it is more likely that he downloaded their titles as well. A number of us attorneys have explained to their local counsels’ deaf ears that just because a particular IP address downloaded a number of bittorrent titles does not mean that the accused defendant is that downloader. However, even the best attorney’s understanding of the law can be clouded when money influences that attorney’s understanding of it.

On a positive note, in just a few weeks, we have seen judges rule that the “other” BitTorrent activity listed in their complaints [for works not owned by Malibu Media] is inadmissible under the Federal Rules of Evidence (“FRE”), specifically Rule 404 on “Character Evidence.” The reason for this is because “Evidence of a person’s character or character trait is not admissible to prove that on a particular occasion the person acted in accordance with the character or trait.” In other words, proving that a particular defendant is a “serial downloader” is not admissible to prove that on a particular date and time, that defendant downloaded Malibu Media’s copyrighted titles. Shame on Malibu attorneys for not knowing this.

Further, judges have ruled that introducing evidence of “other” downloads is not relevant and is actually prejudicial to the defendant, and thus that so-called evidence is not admissible to prove that the defendant downloaded Malibu Media, LLC’s titles. As one example, Judge Stephen Crocker has frozen all of Malibu Media, LLC’s cases in the Western District of Wisconsin for this very purpose (link).

In sum, messing up on the Federal Rules of Evidence and doing so on each of their “Single Doe” upper-class cases was a big mistake which they might not be able to undo.  And also on a positive note, because they have filed so many “Single Doe” cases across the country, judges across the U.S. are looking deeper into their tactics and their evidence of infringement.  See @Ddragon229’s article on the FCT website, “Winds of change begin to blow on Malibu Media” for details on the character evidence issue.

Despite this, Malibu Media, LLC continues to file lawsuits across the U.S. in alarming numbers, and in each case, they continue to file this prejudicial information of “other” downloads as their “Exhibit C” in each case. A snippet of cases filed in just the last few weeks is pasted below:

Cases filed by Chris Fiore in the Pennsylvania Eastern District:
Malibu Media LLC v. John Doe (Case No. 2:13-cv-02858)
Malibu Media LLC v. John Doe (Case No. 2:13-cv-02859)
Malibu Media LLC v. John Doe (Case No. 2:13-cv-02867)
Malibu Media LLC v. John Doe (Case No. 2:13-cv-02868)
Malibu Media LLC v. John Doe (Case No. 2:13-cv-02854-JP)
Malibu Media LLC v. John Doe (Case No. 2:13-cv-02855-MMB)
Malibu Media LLC v. John Doe (Case No. 2:13-cv-02856-JD)
Malibu Media LLC v. John Doe (Case No. 2:13-cv-02857-SD)
Malibu Media LLC v. John Doe (Case No.2:13-cv-02863-PD)
Malibu Media LLC v. John Doe (Case No. 2:13-cv-02864-HB)
Malibu Media LLC v. John Doe (Case No. 2:13-cv-02765-MSG)
Malibu Media LLC v. John Doe (Case No. 2:13-cv-02766-MSG)
Malibu Media LLC v. John Doe (Case No. 2:13-cv-02767-WY)
Malibu Media LLC v. John Doe (Case No. 2:13-cv-02768-PD
Malibu Media LLC v. John Doe (Case No. 2:13-cv-02769-RB)
Malibu Media LLC v. John Doe (Case No. 2:13-cv-02770-CMR)

Cases filed by Mary Schulz of Schulz Law PC in the Illinois Northern District:
Malibu Media LLC v. John Doe (Case No. 1:13-cv-03726)
Malibu Media LLC v. John Doe (Case No. 1:13-cv-03699)
Malibu Media LLC v. John Doe (Case No. 1:13-cv-03700)
Malibu Media LLC v. John Doe (Case No. 1:13-cv-03703)
Malibu Media LLC v. John Doe (Case No. 1:13-cv-03704)
Malibu Media LLC v. John Doe (Case No. 1:13-cv-03705)
Malibu Media LLC v. John Doe (Case No. 1:13-cv-03706)
Malibu Media LLC v. John Doe (Case No. 1:13-cv-03707)
Malibu Media LLC v. John Doe (Case No. 1:13-cv-03710)
Malibu Media LLC v. John Doe (Case No. 1:13-cv-03711)

Cased filed by Paul J. Nicoletti of Nicoletti & Associates PLLC inn the Michigan Eastern District:
Malibu Media LLC v. John Doe subscriber assigned IP address 71.238.205.92 (Case No. 4:13-cv-12231-MAG-MAR)
Malibu Media LLC v. John Doe subscriber assigned IP address 68.42.185.159 (Case No. 2:13-cv-12210-RHC-MJH)
Malibu Media LLC v. John Doe subscriber assigned IP address 68.43.4.96 (Case No. 2:13-cv-12213-SFC-DRG)
Malibu Media LLC v. John Doe subscriber assigned IP address 68.43.84.236 (Case No. 2:13-cv-12214-AJT-MKM)
Malibu Media LLC v. John Doe subscriber assigned IP address 68.60.140.87 (Case No. 2:13-cv-12216-PDB-RSW)
Malibu Media LLC v. John Doe subscriber assigned IP address 68.62.41.133 (Case No. 2:13-cv-12217-VAR-RSW)
Malibu Media LLC v. John Doe subscriber assigned IP address 69.14.181.108 (Case No. 2:13-cv-12218-NGE-DRG)
Malibu Media LLC v. John Doe subscriber assigned IP address 69.246.89.172 (Case No. 2:13-cv-12220-AJT-DRG)
Malibu Media LLC v. John Doe subscriber assigned IP address 67.149.158.6 (Case No. 2:13-cv-12197-GAD-PJK)
Malibu Media LLC v. John Doe subscriber assigned IP address 67.149.89.224 (Case No. 2:13-cv-12198-PDB-MKM)
Malibu Media LLC v. John Doe subscriber assigned IP address 68.40.123.7 (Case No. 2:13-cv-12200-GER-MKM)
Malibu Media LLC v. John Doe subscriber assigned IP address 68.40.46.12 (Case No. 2:13-cv-12201-DPH-DRG)
Malibu Media LLC v. John Doe subscriber assigned IP address 68.43.35.2 (Case No. 2:13-cv-12202-PDB-DRG)
Malibu Media LLC v. John Doe subscriber assigned IP address 68.41.170.197 (Case No. 2:13-cv-12204-GAD-RSW)
Malibu Media LLC v. John Doe subscriber assigned IP address 68.41.19.221 (Case No. 2:13-cv-12206-DPH-LJM)
Malibu Media LLC v. John Doe subscriber assigned IP address 68.41.86.4 (Case No. 2:13-cv-12208-MOB-RSW)
Malibu Media LLC v. John Doe subscriber assigned IP address 68.42.172.154 (Case No. 2:13-cv-12209-SJM-MKM)

Cases filed by Paul J. Nicoletti of Nicoletti & Associates PLLC in the Indiana Northern District:
Malibu Media LLC v. John Doe 12 (Case No. 1:13-cv-00166-PPS-RBC)
Malibu Media LLC v. John Doe 5 (Case No. 1:13-cv-00164-PPS-RBC)
Malibu Media LLC v. John Doe 9 (Case No. 1:13-cv-00165-PPS-RBC)

PERSONAL NOTE: Even with all these cases, I have only listed 46 cases having 46 defendants. With the hundreds of filings, it becomes impossible to track and report on each case. The more I look at each of these cases, the more I feel as if they have succeeded in preventing attorneys like myself from tracking and reporting on each of their hundreds of cases. Obviously I am still here, and I am still reporting on these cases. My list of cases to track has just gotten a bit larger.

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Malibu Media, LLC has been one of the worst offenders in these copyright trolling cases. Instead of waiting for a full download to be complete, it has been reported to me that IMMEDIATELY UPON CLICKING ON THE BITTORRENT LINK (or in other words, as soon as an internet user “joins” the bittorrent swarm, EVEN IF NOT A BYTE OF DATA HAS BEEN DOWNLOADED), ***WHAM!*** Downloaders are tagged and are sued for copyright infringement.

To make matters worse, Malbu Media, LLC is known to sue based on what is called a “Siterip” (essentially meaning that someone ripped a large set of videos from their http://www.x-art.com paid website, and posted a huge number of them into one bittorrent file). We won’t ask 1) if they’ve known about the Siterips, why they have not filed DMCA takedown notices for those Siterips, and 2) whether they were involved in the “leaking” of the various siterips (in my opinion, it is too convenient to have “Siterip #1… Siterip #2… Sitrip #12…”). In sum, clicking on the wrong torrent file link with Malibu Media, LLC as your plaintiff production company can get you sued for 25+ titles, or “hits” as they like to call them.

Now what makes these cases particularly offensive is that unlike the traditional copyright trolls who will only ask for $3,400 and settle for whatever they can get, Malibu Media, LLC will likely ask for at least a $10,000 settlement from each defendant. You see this by looking at the case names below that there appears to be only ONE defendant in each case. The reason for this is that their attorneys will tell the defendant that he’s the only one in the case, and that they’ll amend the complaint, “name” him as a defendant, and serve him with process if he doesn’t settle.

While I am against the concept of suing downloaders for the piracy of a film, I want to note that filing ONE LAWSUIT FOR ONE DEFENDANT is the proper way to do these lawsuits (and the courts will be much more forgiving based on the many filing fees paid to the court, especially since the court will not need to deal with rote procedural issues that have plagued these cases since their inception [e.g., improper jurisdiction, improper joinder]). In sum, in a case such as this one, a defendant must answer for himself the simple questions of 1) can I fight this (the answer is likely yes considering the “snapshot” methods in which they track the IP addresses relating to the downloads, along with the likely-present issues of late copyright filing dates), and 2) how would I like to proceed based on what I know about their evidence against me (based on my own network router setup and/or downloading habits)? X-art films have a very specific style and theme to them, and they attract a very specific genre of married men, one step up from those who enjoy classy soft porn. On top of this, the Keith Lipscomb IP enforcement company representing Malibu Media, LLC as their client does research on most defendants (note their mention below as “Dr. John Doe” in one of their cases to signal to the defendant that they know he has financial resources to pay a large settlement). For these reasons, it is often a simple question of EVIDENCE in determining whether to move forward with what is usually a very good defense, or whether to use that evidence we gather in your favor while attempting to negotiate a deeply discounted settlement on your behalf.

Up front, the local counsel you will read about below — Mary Schultz, Paul Nicoletti, Jon Hoppe, Leemore Kushner, Jason Kotzker, and Patrick Cerillo — are merely paid to file and fight these cases according to the instruction of Keith Lipscomb. They are merely cogs in Lipscomb’s IP enforcement machine, and in my opinion, there is no reason for anyone to be talking to them since they likely do not have authority to do anything but gather evidence, argue the cases and move them forward.

MARCH 2013 – 19 NEW CASES

Illinois Central District Court
Mary Katherine Schulz of Schulz Law Firm, PC

Malibu Media LLC v. John Doe (Case No. 1:13-cv-01096)
Malibu Media LLC v. John Doe (Case No. 1:13-cv-01099)
Malibu Media LLC v. John Doe (Case No. 1:13-cv-01100)
Malibu Media LLC v. John Doe (Case No. 1:13-cv-01101)
Malibu Media LLC v. John Doe (Case No. 1:13-cv-01102)
Malibu Media LLC v. John Doe (Case No. 2:13-cv-02058)
Malibu Media LLC v. John Doe (Case No. 2:13-cv-02059)

Wisconsin Eastern District Court
Mary Katherine Schulz of Schulz Law Firm, PC

Malibu Media LLC v. John Doe (Case No. 2:13-cv-00226)
Malibu Media LLC v. John Doe (Case No. 2:13-cv-00236)
Malibu Media LLC v. John Doe (Case No. 2:13-cv-00238)
Malibu Media LLC v. John Doe (Case No. 2:13-cv-00239)

Indiana Northern District Court
Paul Nicoletti of Nicoletti & Associates PLLC

Malibu Media LLC v. Joe Doe (Case No. 2:13-cv-00085)
Malibu Media LLC v. John Doe (Case No. 3:13-cv-00162)
Malibu Media LLC v. John Doe (Case No. 3:13-cv-00163)
Malibu Media LLC v. John Doe (Case No. 3:13-cv-00164)
Malibu Media LLC v. John Doe (Case No. 3:13-cv-00165)

District Of Columbia District Court
Jon A. Hoppe of Maddox Hoppe Hoofnagle & Hafey LLC

Malibu Media LLC v. John Doe (Case No. 1:13-cv-00268)
Malibu Media LLC v. John Doe (Case No. 1:13-cv-00269)
Malibu Media LLC v. John Doe (Case No. 1:13-cv-00270)

FEBRUARY 2013 – 103 NEW CASES

New Jersey District Court
Patrick J. Cerillo – Attorney at Law

Malibu Media LLC v. John Doe (Case No. 2:13-cv-01179)
Malibu Media, LLC v. John Doe subscriber assigned IP address 68.32.191.163 (Case No. 2:13-cv-01176)
Malibu Media, LLC v. John Doe subscriber assigned IP address 69.142.2.132 (Case No. 2:13-cv-01178)
Malibu Media, LLC v. John Doe (Case No. 2:13-cv-01180)
Malibu Media, LLC v. John Doe (Case No. 2:13-cv-00214)
Malibu Media LLC v. John Doe (Case No. 3:13-cv-01159)
Malibu Media, LLC v. John Doe subscriber assigned IP address 108.35.11.132 (Case No. 2:13-cv-01104)
Malibu Media, LLC v. John Doe subscriber assigned IP address 173.70.130.138 ( 2:13-cv-01106)
Malibu Media, LLC v. John Doe (Case No. 2:13-cv-01105)
Malibu Media, LLC v. John Doe (Case No. 2:13-cv-00971)
Malibu Media, LLC v. John Doe subscriber assigned IP address 173.54.255.28 (Case No. 2:13-cv-00972)
Malibu Media, LLC v. John Doe (Case No. 2:13-cv-00973)

Wisconsin Eastern District Court
Mary Katherine Schulz of Schulz Law Firm, PC

Malibu Media LLC v. John Doe (Case No. 2:13-cv-00217)
Malibu Media LLC v. John Doe (Case No. 2:13-cv-00213)

California Southern District Court
Leemore L Kushner of Kushner Law Group

Malibu Media, LLC v. John Doe (Case No. 3:13-cv-00433)
Malibu Media, LLC v. John Doe (Case No. 3:13-cv-00434)
Malibu Media, LLC v. John Doe (Case No. 3:13-cv-00435)
Malibu Media, LLC v. John Doe (Case No. 3:13-cv-00436)
Malibu Media, LLC v. John Doe (Case No. 3:13-cv-00437)
Malibu Media, LLC v. John Doe (Case No. 3:13-cv-00438)
Malibu Media, LLC v. John Doe (Case No. 3:13-cv-00440)
Malibu Media, LLC v. John Doe (Case No. 3:13-cv-00442)
Malibu Media, LLC v. John Doe (Case No. 3:13-cv-00443)

Florida Middle District Court
M. Keith Lipscomb (a.k.a. Michael K. Lipscomb) of Lipscomb Eisenberg & Baker PL

Malibu Media, LLC v. John Doe (Case No. 8:13-cv-00467)
Malibu Media, LLC v. John Doe (Case No. 8:13-cv-00468)
Malibu Media, LLC v. John Doe (Case No. 8:13-cv-00469)
Malibu Media, LLC v. John Doe (Case No. 8:13-cv-00470)
Malibu Media, LLC v. John Doe (Case No. 8:13-cv-00471)
Malibu Media, LLC v. John Doe (Case No. 8:13-cv-00472)

Florida Southern District Court
M. Keith Lipscomb (a.k.a. Michael K. Lipscomb) of Lipscomb Eisenberg & Baker PL

Malibu Media, LLC v. John Doe (Case No. 9:13-cv-80178)

Colorado District Court
Jason Aaron Kotzker of Kotzker Law Group

Malibu Media, LLC v. John Doe subscriber assigned IP address 97.121.170.141 (Case No. 1:13-cv-00428)
Malibu Media, LLC v. John Doe subscriber assigned IP address 69.29.143.104 (Case No. 1:13-cv-00424)
Malibu Media, LLC v. John Doe subscriber assigned IP address 71.218.22.157 (Case No. 1:13-cv-00426)
Malibu Media, LLC v. John Doe subscriber assigned IP address 75.171.198.44 (Case No. 1:13-cv-00427)
Malibu Media, LLC v. John Doe subscriber assigned IP address 97.121.170.141 (Case No. 1:13-cv-00428)
Malibu Media, LLC v. John Doe subscriber assigned IP address 69.29.143.104 (Case No. 1:13-cv-00424)
Malibu Media, LLC v. John Doe subscriber assigned IP address 63.225.246.31 (Case No. 1:13-cv-00423)
Malibu Media, LLC v. John Doe subscriber assigned IP address 71.212.197.251 (Case No. 1:13-cv-00425)
Malibu Media, LLC v. John Doe subscriber assigned IP address 71.218.22.157 (Case No. 1:13-cv-00426)
Malibu Media, LLC v. John Doe subscriber assigned IP address 75.171.198.44 (Case No. 1:13-cv-00427)

Maryland District Court
Jon A. Hoppe of Maddox Hoppe Hoofnagle & Hafey LLC

Malibu Media, LLC v. John Doe (Case No. 1:13-cv-00352)
Malibu Media, LLC v. John Doe (Case No. 1:13-cv-00353)
Malibu Media, LLC v. John Doe (Case No. 1:13-cv-00354)
Malibu Media, LLC v. John Doe (Case No. 1:13-cv-00356)
Malibu Media, LLC v. John Doe (Case No. 1:13-cv-00357)
Malibu Media, LLC v. John Doe (Case No. 1:13-cv-00358)
Malibu Media, LLC v. John Doe (Case No. 1:13-cv-00359)
Malibu Media, LLC v. John Doe (Case No. 1:13-cv-00363)
Malibu Media, LLC v. John Doe (Case No. 1:13-cv-00366)
Malibu Media, LLC v. John Doe (Case No. 8:13-cv-00350)
Malibu Media, LLC v. John Doe (Case No. 8:13-cv-00351)
Malibu Media, LLC v. John Doe (Case No. 8:13-cv-00355)
Malibu Media, LLC v. John Doe (Case No. 8:13-cv-00360)
Malibu Media, LLC v. John Doe (Case No. 8:13-cv-00361)
Malibu Media, LLC v. John Doe (Case No. 8:13-cv-00362)
Malibu Media, LLC v. John Doe (Case No. 8:13-cv-00364)
Malibu Media, LLC v. John Doe (Case No. 8:13-cv-00365)
Malibu Media, LLC v. John Doe (Case No. 8:13-cv-00506)
Malibu Media, LLC v. John Doe (Case No. 8:13-cv-00507)
Malibu Media, LLC v. John Doe (Case No. 8:13-cv-00508)
Malibu Media, LLC v. John Doe (Case No. 8:13-cv-00509)
Malibu Media, LLC v. John Doe (Case No. 8:13-cv-00510)
Malibu Media, LLC v. John Doe (Case No. 8:13-cv-00511)
Malibu Media, LLC v. John Doe (Case No. 8:13-cv-00517)
Malibu Media, LLC v. John Doe (Case No. 8:13-cv-00518)
Malibu Media, LLC v. John Doe (Case No. 1:13-cv-00512)
Malibu Media, LLC v. John Doe (Case No. 1:13-cv-00513)
Malibu Media, LLC v. John Doe (Case No. 1:13-cv-00514)
Malibu Media, LLC v. John Doe (Case No. 1:13-cv-00515)
Malibu Media, LLC v. John Doe (Case No. 1:13-cv-00516)

Illinois Central District Court
Mary Katherine Schulz of Schulz Law Firm, PC

Malibu Media, LLC v. John Doe (Case No. 1:13-cv-01072)
Malibu Media, LLC v. John Doe (Case No. 1:13-cv-01073)
Malibu Media, LLC v. John Doe (Case No. 2:13-cv-02043)

Illinois Northern District Court
Mary Katherine Schulz of Schulz Law Firm, PC

Malibu Media, LLC v. John Doe (Case No. 1:13-cv-00863)
Malibu Media, LLC v. John Doe (Case No. 1:13-cv-00878)
Malibu Media, LLC v. John Doe (Case No. 1:13-cv-00880)
Malibu Media, LLC v. John Doe (Case No. 1:13-cv-00883)
Malibu Media, LLC v. John Doe (Case No. 1:13-cv-00884)
Malibu Media, LLC v. John Doe (Case No. 1:13-cv-00885)
Malibu Media, LLC v. John Doe (Case No. 1:13-cv-00888)
Malibu Media, LLC v. Dr John Doe (Case No. 1:13-cv-00891)
Malibu Media, LLC v. John Doe (Case No. 1:13-cv-00913)
Malibu Media, LLC v. John Doe (Case No. 1:13-cv-00915)
Malibu Media, LLC v. John Doe (Case No. 1:13-cv-00934)
Malibu Media, LLC v. John Doe (Case No. 1:13-cv-00935)

Michigan Western District Court
Paul Nicoletti of Nicoletti & Associates PLLC

Malibu Media, LLC v. John Doe (Case No. 1:13-cv-00158)
Malibu Media, LLC v. John Doe (Case No. 1:13-cv-00162)
Malibu Media, LLC v. John Doe (Case No. 1:13-cv-00163)

Indiana Southern District Court
Paul Nicoletti of Nicoletti & Associates PLLC

Malibu Media LLC v. John Doe (Case No. 1:13-cv-00201)
Malibu Media, LLC v. John Doe (Case No. 1:13-cv-00203)
Malibu Media, LLC v. John Doe (Case No. 1:13-cv-00204)
Malibu Media, LLC v. John Doe (Case No. 1:13-cv-00206)

Indiana Northern District Court
Paul Nicoletti of Nicoletti & Associates PLLC

Malibu Media, LLC v. John Doe (Case No. 2:13-cv-00055)
Malibu Media LLC v. John Doe (Case No. 3:13-cv-00071)
Malibu Media LLC v. John Doe (Case No. 3:13-cv-00072)

Colorado District Court
Jason A. Kotzker of Kotzker Law Group
Malibu Media, LLC v. John Doe subscriber assigned IP address 174.51.234.104 (Case No. 1:13-cv-00307)
Malibu Media, LLC v. John Doe subscriber assigned IP address 174.51.250.8 (Case No. 1:13-cv-00308)
Malibu Media, LLC v. John Doe subscriber assigned IP address 24.8.161.234 (Case No. 1:13-cv-00309)
Malibu Media, LLC v. John Doe subscriber assigned IP address 24.8.34.85 (Case No. 1:13-cv-00310)
Malibu Media, LLC v. John Doe (Case No. 1:13-cv-00311)
Malibu Media, LLC v. John Doe subscriber assigned IP address 67.176.40.151 (Case No. 1:13-cv-00316)
Malibu Media, LLC v. John Doe subscriber assigned IP address 75.71.30.155 (Case No. 1:13-cv-00317)
Malibu Media, LLC v. John Doe subscriber assigned IP address 98.245.154.142(Case No. 1:13-cv-00318)

P.S. – For those of us who follow these cases as enthusiasts, did you notice that there was no mention of Chris Fiore in this long list of cases? Perhaps he still has his hands full with the bellwether case.

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