Copyright Troll Depositions – What To Expect

The VA Copyright Troll depositions are starting and depending on the results, Prenda Law, Inc., may try to expand this to other locations.

To put the deposition in the proper context, you have to start out with what the Troll knows.  This part is really easy.

  • On a certain date/time the technical monitoring crew recorded the public IP address (associated to you – the ISP subscriber) downloading/sharing Plaintiff’s copyright protected movie via BitTorrent.

This is not a surprise and it is exactly why the Trolls are trying the deposition route.  You can see that this evidence is weak and can easily be countered/defeated.  So to try and get more evidence, the Trolls have asked the court to allow them to depose the ISP subscriber associated with the public IP address they recorded.

Deposition Subpoena

swear1Here is an example of a deposition subpoena.  Dep_Subpeona_Ex   For this subpoena, Troll Anderson tells the defendant they need to report to the deposition location at a set time and date.  In addition, he directs the defendant to provide “Router logs with detailed MAC addresses” for the public IP address that ties back to you as the ISP subscriber.  The Router logs are for the immediate period before and after the alleged copyright infringement.

Depending on how far back the alleged infringement took place, it is extremely unlikely that there will be any relevant logs.  For many WiFi Firewall/Routers (WFR), logging of Internet traffic and hosts using the network is minimal at best.  For the old standby, Linksys WRT 54G (WRT54G-v5_ug,0 Manual), logging is “OFF”  by default (page 18 in the manual).  Even if enabled, the logs are minimal, overwritten quickly, and are completely lost if the WFR is reset.  The various other home/small office routers are similar in settings and logging ability.

If the Troll knows anything about these devices, they don’t expect to get much.  The only thing the router logs could provide is a list of internal IP addresses that communicated with external public IP address over various ports and on date/times.  The external public IP addresses and ports could be correlated to other BitTorrent clients.  The client table in the router could also show what systems were currently connected to the WFR – system name, MAC address, Internal IP address issued.

DHCP_Clients1

So What Questions Can You Expect From A Copyright Troll Deposition?

  • Background information – Name, address, people living in the house
  • Details on your neighborhood and neighbors?  How close are other houses or residents to you?  Do you know your neighbors?
  • How is your WFR set-up?  Run Open?  Secured with a password?
  • Has you network ever been compromised or infected with malware?  If so, dates of the compromise or infection.
  • Have you ever observed any unknown systems using your network/Internet connection?
  • Do you know what BitTorrent is?  Do you use it?
  • Do you know about the movie you are alleged to have downloaded/shared?
  • What is your knowledge and experience with computers?
  • What computers do you have in the residence?  Desktops, laptops, Operating systems (Windows, MAC, Linux, etc.)
  • Do you watch pornography?
  • If you do watch pornography, where and how?  Online?  DVD purchase?
  • Do you stream or download porn?
  • Is there are programs on your computers that are used to clean or wipe a hard drive?
  • Have you or others in the residence ever downloaded (legal or illegal) from the Internet any music, movies, games, programs, ebooks, etc.?

*** Please note that the Troll may not ask all these questions.  If he doesn’t ask you about your WiFi setting, make sure you tell him.  “Hey Mr. Troll, I ran my WiFi Internet connection open during the time period of alleged infringement.” If you EVER noticed unknown systems using your Internet connection, tell them.  ***

Now based on the answers provided, the Troll may further expand the questions.  If you say I use BitTorrent, I bet he will ask you what client you use and what you download/share with it.

Admit to watching some porn online and he is bound to ask about what sites you view it from.

So what is next?

Based on your answers, the Troll will do an analysis to gauge if they think YOU did it or another resident did it, and the likelihood of forcing you to settle if they name and serve you in the case.  The Troll already has an idea of who the most likely person to do this is – Male, age 13-40s, knowledgeable about computers, watches porn, uses BitTorrent, download/shares other form of media online.

Following their analysis, the will have to name and serve a person (eventually) or close the case.  Based on your answers, they could ask for additional deposition subpoenas for personnel related to the information you provided.  They very well could ask the court to allow them to depose your 17-year-old son because you stated he is computer literate and you caught him watching porn online one time.   They actually don’t have to have a deposition subpoena if you or other personnel freely consent to being interviewed.  Just remember the old saying, “The bigger the smile, the sharper the knife.”

As I have stated before, these depositions WOULD be a fair way for the Plaintiff to start to try to find the actual infringer.  As we have a well documented sordid history of  unethical behavior from the Trolls, it is still just a sham in my opinion.  The Trolls don’t really care if you did, only if they can get you to pay up.  The fact Troll Anderson has the “Negligence” allegation on these complaints is proof enough.  All Prenda attorneys (as well as the subcontracted ones) know (or should do the research to learn) the negligence claim is not going to work in a trial.  It is a lost claim because – 1) Copyright Law preempts the negligence claim; 2) There is NO legal or contractual duty with Plaintiff to secure the Internet connection to protect their works; 3) The Communication Decency Act (DCA) protects ISPs and ISP subscribers for responsibility for actions of third-parties on their network.

Wifi_Net3

The only reason they keep the negligence claim on the complaint is because it is bound to scare some unknowing person into paying their settlement demands.

For those of you who find yourself having to be deposed, please consider getting an attorney to assist you and maybe even having the deposition taken over the telephone.  Remember you do have the right to invoke your 5th Amendment protection against possible incrimination – Your Rights Article.

DieTrollDie :)

About John Doe (DieTrollDie)

I'm one of the many 'John Does' (200,000+ & growing in the US) who Copyright Trolls have threatened with a civil law suit unless they are paid off. What is a Copyright Troll? Check out the Electronic Frontier Foundation link - http://www.eff.org/issues/copyright-trolls
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19 Responses to Copyright Troll Depositions – What To Expect

  1. sharp as a marble says:

    one thing that rings odd to me is that as far as i know a deposition is just questions. i don’t think they can require you to produce any doccuments and especially cannot require any hardware such as your drive with out specific discovery requests and/or aditional subpoenas. they can ask but i am pretty sure they cannot penalize you for not providing. granted i am not a lawer so i do not know what they rules are in regards to a deposition.

    • DieTrollDie says:

      No, they can do that.

      Rule 30 (b) Notice of the Deposition; Other Formal Requirements. (http://www.law.cornell.edu/rules/frcp/rule_30)

      (1) Notice in General. A party who wants to depose a person by oral questions must give reasonable written notice to every other party. The notice must state the time and place of the deposition and, if known, the deponent’s name and address. If the name is unknown, the notice must provide a general description sufficient to identify the person or the particular class or group to which the person belongs.

      (2) Producing Documents. If a subpoena duces tecum is to be served on the deponent, the materials designated for production, as set out in the subpoena, must be listed in the notice or in an attachment. The notice to a party deponent may be accompanied by a request under Rule 34 to produce documents and tangible things at the deposition.

      Then see Rule 34, Producing Documents, Electronically Stored Information, and Tangible Things, or Entering onto Land, for Inspection and Other Purposes (http://www.law.cornell.edu/rules/frcp/rule_34)

      Here is an interesting part under (e) Review by the Witness; Changes.

      (2) Documents and Tangible Things.

      (A) Originals and Copies. Documents and tangible things produced for inspection during a deposition must, on a party’s request, be marked for identification and attached to the deposition. Any party may inspect and copy them. But if the person who produced them wants to keep the originals, the person may:…

      FU scum troll, I would call and email the Troll lawyer and tell them you want the hard drive to be marked for identification and attached to the deposition. Shows everyone that you are being free and open to this process.

      DTD :)

  2. pissed off Doe says:

    If you indeed can play the 5th, on every possible questions, I think its not only a smart way of not providing any incriminated information to the sumbags, but also waste as much of their time and $$ as you could.

  3. sharp as a marble says:

    i would reccomend making yourself smell so bad that they cannot stand to be in the same room as you…..so bad that it lingers for days.

  4. JohnDoe1029 says:

    So for dispositions, the only people in the rooms are the deponent as well as the attorneys. So I have a question. What if the deponent doesn’t know much English? Do they still have them go there and end up getting a bunch of “I don’t know/understand” from the deponent?

    • pissed off Doe says:

      From what I read, they actually like to target people with foreign names, easy prey. I would image they would either reschedule and hire an interpreter, or just move on to the next victim.

    • DieTrollDie says:

      I believe there is also a person to administer the oath and record the questions/answers.

      DTD :)

  5. Was just me the scumbag and court reporter. Scum said he knew nothing of the case. Took a total of less than 30 mins for the taint sniffer to read his list of questions. He was nice though, seemed a little nervous. I gave my old hard drive from the time of alleged download, on verbal consent and signed no forms. But, since I gave the PC to my G’ma before she died I just recently got it back, I was not sure what could be on it! They did throw in a few trick questions so I forgot and maybe screwed up some answers due to my CRS. Anyhoe, just waiting to see what these dirtbags do next. I did not download their $10 POS movie. The copyright laws are screwed and you can bet some whore politicians were paid off to get the laws passed.

  6. that anonymous coward says:

    “Is there are programs on your computers that are used to clean or wipe a hard drive?”
    Yes, its called format.com. Your not real up to date on them there computing machines are you?

    “Has you network ever been compromised or infected with malware? If so, dates of the compromise or infection.”
    I’m sorry I don’t keep detailed notes of these things, they aren’t as important as birthdays and holidays. Oh and its rare the network can be infected with malware, maybe you meant to ask if my computer has been. Yes, its a problem with having an internet connection… malware happens. You might want to be cautious poking around my machine, I tend to keep bad things around to dissect and learn from. When I get bored I let machines get infected and work on cleaning them, it keeps me on my toes.

    “Have you ever observed any unknown systems using your network/Internet connection?”
    You seem to think people sit and watch all live connections reported by their router, what color is the sky in your world?

    “Do you know what BitTorrent is? Do you use it?”
    Its a file sharing protocol. Yes, millions of people do. Maybe you’ve heard of World of Warcraft. Not to mention that massive torrent posted by archive.org. Oh and a copy of the server of ACS:Law where they admitted their copyright trolling scam was built out of a house of cards and they often pursued people who were innocent chasing a buck… that sounds familiar….

    “Do you know about the movie you are alleged to have downloaded/shared?”
    More than you do quite possibly. I know you applied for the copyright after the lawsuit was started/I saw the documents of the sham transfer of copyright to your tax haven llc. Google, you should look into it…. it knows everything. I learned even more on dietrolldie.com and fightcopyrighttrolls.com, oh your sweating… are you not feeling well?

    “What is your knowledge and experience with computers?”
    I’m your worst nightmare. I know your IP capture tech is flawed at a basic level and you have little hope of keeping up with me if I start speaking geek.

    “What computers do you have in the residence? Desktops, laptops, Operating systems (Windows, MAC, Linux, etc.)”
    Well there is one in the microwave, the blueray player, in my cell phone, I tend to packrat so its very possible I have copies of windows back to 3.1.

    “Do you watch pornography?”
    Is the pope catholic?

    “If you do watch pornography, where and how? Online? DVD purchase?”
    Are you looking for recommendations? Oh… in my home, on a monitor. Yes, Yes.

    “Do you stream or download porn?”
    You really don’t understand the internet and how it works do you?

    I don’t suggest using these as actual responses, I was feeling “creative”.

    • DieTrollDie says:

      TAC, I always enjoy reading your posts. :) DTD :)

      • that anonymous coward says:

        I was thinking about it, and literally some of the questions are doomed to fail to obtain the wanted answer. At best they are ambiguous at worst they are designed to “trap” you in an untrue answer, so they can apply pressure.

        It goes back to a discussion we had before where I said never make blanket statements about BT. As its included in many popular games now seamlessly, you might not be aware you are running BT based tech.

        A good phrase to remember – to the best of my knowledge.
        Don’t think you need to give a perfect answer.
        I don’t know, I don’t think so are valid responses.
        Lets take this question –
        “Is there are programs on your computers that are used to clean or wipe a hard drive?”

        Define Clean. Do you mean in a washing machine? The wording is open and prejudicial. CCleaner cleans drives, it removes junk files. Is that what they mean?

        format.com (or is it an exe now) counts in a strict interpretation of the question.
        some popular free utilities have drive wiping commands within them, CCleaner has a drive wiper buried within it.
        I might have copies of DBAN on my machines, I’ve had to clean some drives for computers being donated by friends. DBAN doesn’t run from a command line or executable but there is a copy of it (maybe 4) on my computer.
        These programs count for the wording as given, how am I supposed to know each and every function of every utility on my machine (notice the lack of the word installed in the question).

        If your not real clear on the question, make them explain it.
        If they bitch then tell them to not ask questions open to interpretation.

        This question they want a yes no answer to in asking it.
        If you say yes, well they can add to the illusion you know you did wrong and tried to hide the evidence.
        If you say no, they catch you in a lie and destroy your credibility.
        If you say – what do you mean… you force them on the record to spell out the fishing trip they are on. You can give a better answer and avoid making a statement they will twist against you.

      • DieTrollDie says:

        Thanks TAC. Great points. “To the best of my knowledge” applies to majority of the Does. The basic questions they will ask only givens them starting information and a chance to assess you face-to-face. I believe the assessment is a bigger thing to them, unless they just get a person to cave in from the start. For fun sake, lets pretend they are deposing you (TAC). The Troll would see you are computer savvy and can explain why/how you legally use BT, various disk utilities (CCleaner DBAN, etc.), network set-up, access to Internet porn, personnel who used your Internet access during the period in question, etc… The Troll will see they will have a serious fight on their hands if they go ahead and name/serve you. Possibly even have to deal with counterclaims against Plaintiff and not be able to drop the case. They still have no real evidence against you and it is HIGHLY unlikely they would be able to find any “Direct” evidence – As you are computer savvy and could have wiped it, encrypted it, or it was never there in the first place. The ONLY thing the troll may claim is evidence is the various searches you conducted in researching your case and the copyright troll operations. A computer forensic tech is going to get so many false-positive hits for information that can be easily explained. Bottom line: no real evidence is gained and they just spent a ton of money on forensics – goes against their business model.

        Last point – What is said in a deposition cannot (a few exceptions) be brought into a trial (Like one is ever going to take place). If it went to trial, they would have to call you and ask the questions again in front of the court. What is said in a deposition can be brought into court if it contradicts your testimony or if the witness is now longer available to testify (dead or otherwise unavailable).

        DTD :)

      • that anonymous coward says:

        I am a trolls nightmare – not scared of them, not guilty of anything, I know the scam better than local counsel, and I will make it as painful as I can for them.

        Besides could you imagine the stream of swearing from Steele’s mouth once I informed them of who I am?

    • Awesome answers. Is it a rule for the list of questions to be included with the deposition subpoena? Mine did not. If I had a list to read it would have been much less nerve racking, but that isn’t how these scum work is it?

  7. Pingback: Anderson continues to fish « copyrightclerk

  8. kasmalan says:

    Is it possible for me to contact ‘That anonymous coward’. I had a few questions. Did you hire an attorney and how to prepare for the depositions etc.

  9. Pingback: DieTrollDie.com Is Two Years Old | DieTrollDie

  10. Maddlingo says:

    I was just handed a subpoena today and have a deposition scheduled for 4/14/14. This seems a little quick. Have people gone into these depositions without consulting with a lawyer beforehand? I’m just trying to prepare myself as best as possible.

    • DieTrollDie says:

      I wouldn’t doubt that some people have gone into a deposition without talking to a lawyer first. Unless you have a very firm understanding of what the troll is doing, going in unprepared is not advisable. The Troll will be asking question directly and indirectly to obtain information to help his case. If they cannot get you to admit to downloading/sharing the movie(s), they will try to obtain statements that kill (or reduce) any defenses. Example – they ask you if you use currently use BitTorrent or have done so in the past. You reply NO. Maybe they have done some social media research and found your Facebook and Twitter profiles. In these profiles they find posts/comments that say you do use BitTorrent and have even downloaded the newest episode of “Game of Thrones.” Note: They also recorded any other media that was being shared via BT on your IP address. Does “Game of Thrones” show up on that list??? Does a forensic exam disclose the presence of BT ever on the system? If BT is found, it will contradicts your deposition statement and reduces your credibility. This is only an issue if the case proceeds. Remember that a civil case has a lower burden of proof standard. The Troll will try to gather as much information as possible to bolster his case and bring you around to paying a settlement. The goal is not to go to a full trial, just break you down and obtain a settlement.

      DTD :)

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