“Red Alert” Repost – LW Systems v. Christopher Hubbard – St. Clair County Illinois 13-L-0015

This is a repost from the Pietz Law Firm Blawg concerning a very disturbing development out of the Illinois State court.  Thank you Mr. Pietz for bringing this out into the open.  As it is from a State court, it has been open since 9 Jan 13, with little public awareness.

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The Pietz Law Firm has recently started receiving calls about a new lawsuit filed by Prenda Law in the Circuit Court of St. Clair County, Illinois.  The case is styled LW Systems v. Christopher Hubbard, Case No. 13-L-0015.

If you recently received a letter or email from your ISP about this case, please contact The Pietz Law Firm; we would like to hear from you and may be interested in representing you.  The Pietz Law Firm is very familiar with Prenda Law and has previous experience representing clients in a Prenda matter filed in St. Clair County.

LW Systems may be related to Livewire Holdings, LLC, which purports to be based out of a UPS Store in Washington, DC.

NOTE: We would caution you to NOT contact attorney Adam Urbanzcyk who is representing the “lead defendant” Christopher Hubbard in this case.  Due to potential collusion with the plaintiff, it may be that Mr. Urbanzcyk and his client Christopher Hubbard could be adverse to you.

UPDATE (Documents):

Agreed Order” in LW Systems.  The scope of this subpoena authorization is staggering.  Essentially, Prenda has been given carte blanche to issue subpoenas to hundreds of ISPs, and to then use the information however it wants, to sue anyone for anything.

Complaint in LW Systems.  The usual smattering of state law claims, most of which are completely preempted by the Copyright Act.  Another attempt to avoid federal court.

Having reviewed these, The Pietz Law Firm is inclined to get involved in this action.

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It looks like one of the “normal” Prenda Law Inc., State court cases for hacking a system.  Take a read and pay particular attention to the “Agreed Order.”   This is where it gets very disturbing.   Complaint_13-L-0015(IL)   LW Systems – Agreed Order_13-L-0015(IL)

The 22 Jan 13, agreed order between Plaintiff and Mr. Hubbard (represented by Adam Urbanzcyk), allows Plaintiff to request the ISP subscriber information for the alleged co-conspirators of Mr. Hubbard.  We have seen this ploy before, where the Plaintiff/Prenda Law makes this ridiculous statement (my opinion) to an otherwise clueless court (Deal Article1, Deal Article2).  “Are you in bed with each other?” (Judge Sanjay T Tailor, 25 Sep 12, asked John Steele and Adam Urbanzcyk this question),

The court takes what both parties state as fact and issues the subpoena.  Plaintiff claims that the identifying information on the co-conspirators are critical to the case against Mr. Hubbard.  This is a load of crap as usual.  Plaintiff already has the information that identified Mr. Hubbard.  I will assume (someone please correct me if wrong) that Mr. Hubbard was previously part of a group of personnel where Plaintiff had a subpoena issued.  This agreement is nothing but Mr. Hubbard cutting a deal with Plaintiff to reduce the settlement amount (if he has to pay anything at all).

So what does the agreement allow?  The agreement allows Plaintiff to request ISP subscriber information from ALL the co-conspirators.  As the agreement is extremely thin on details, the exact numbers of co-conspirators is unknown at this time.  I will assume it is a substantial number, as Plaintiff listed out only the ISPs they planned to serve.  The list of companies they plan to serve is listed on two pages, three columns wide (Sorry for the quality of the agreement).  It also appears that not all of the companies listed are traditional ISPs.  A rough count shows over 300 ISPs/Companies on the list.  As there is NO list of what public IP addresses are associated with these ISPs/Companies, you can only guess at how many people they are going after.  If you go with a simple 100 personnel per ISP/Companies, that is over 3000 personnel.

Lets talk moneyFiguring a $4,000 settlement offer, the maximum possible revenue generated by this agreement is estimated at $12,000,000.  OK, we know they are not going to get a 100% settlement rate.  At 50% – $6,000,000/ at 25% – $3,000,000/ at 12.5% – $1,500,000.  Hell of a return on a small business investment.

I will leave this for now.  I’m sure there more is to come once personnel from these ISPs/Companies start to get the subpoenas.  As stated by Mr. Pietz, do not contact Mr. Urbanzcyk, as it appears he and his client are working with Plaintiff.  Depending on what happens today in Judge Wright’s CA court (Twitter feed #Prenda), this matter may take a serious hit, but I doubt these Bozos (Yes my opinion again) will give up that easily.

*** Erin Russel Page on this case ***

DieTrollDie :)

*** Last note: Look at the complaint section talking about malware infection of Plaintiff’s system.  I guess if it could happen to Plaintiff, it could happen to a portion of the Does out there.

dealt1

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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21 Responses to “Red Alert” Repost – LW Systems v. Christopher Hubbard – St. Clair County Illinois 13-L-0015

  1. DieTrollDie says:

    While we wait for the #Prenda hearing to start, here is a screenshot from the Google cache for torrentlitigation[.]com (Caution – this is Mr, Urbanzcyk’s web site) showing some of the filings for this case. http://dietrolldie.files.wordpress.com/2013/04/au_site1.jpg Note: there are three MTQ and one Answer/Affirmative Defenses. I’m unable to get a copy of these at this moment. If you can obtain copies of these via a proxy, please email them to me. Cheers,

    DTD :)

  2. that anonymous coward says:

    One can only hope this case explodes like everything else they have been doing.

  3. thatbalddude says:

    Unbelievable. After reading how Judge Wright spoke and how he treated the trolls, I was tempted to run crying from my computer and not come back until it turned itself off. I hope the judge can keep his cool and not make any mistakes that might open the doors for Steele and Company to file and possibly win an appeal, but at the same time, a thorough verbal and legal scourging is most definitely warranted. I shall stay tuned.

  4. Oak says:

    ughhh….I got a letter the other day from ISP and contacted Adam for possible representation. I did not hire him but not sure how this will affect me.

  5. What?!? says:

    We just received a letter yesterday. With LW Systems v C Hubbard saying that our computer did some illegal downloading. It said we needed to settle by 3/28 the letter was sent out 3/29 signed by a Paul Duffy. Not sure what this about but I’m having my computer looked into.

    • DieTrollDie says:

      Hello, As you can see Duffy and the Prenda crew are not very good at managing their ‘questionable’ operations. I would not do anything rash at this point. Especially following Prenda taking the 5th in Judge Wright’s court yesterday. Sit and watch what happens for now. BTW, I did edit you post, as it gave too much information IMO – be careful. If possible, scan and send me a copy of the paperwork – doerayme2011@hotmail.com. You can also send me some detail on the situation and I can provide some possible options for you.

      DTD :)

  6. CTVic says:

    I’m surprised this case is still running at all. The first chance a doe gets to stand and fight, the judge is going to eviscerate Prenda on their home turf.
    Steele & Co. taking the 5th in Wright’s court yesterday is a deathknell for this case, and it’s no wonder Pietz is fishing for defendants. He’s gotten a taste of Steele’s blood, and must be dying to go for the jugular.
    Seriously …. You’ve got a law firm who refuses to testify about their operations on the grounds that they may incriminate themselves in a crime – then you’ve got the same firm operating another case that stinks so badly of collusion that the judge flat out asks if plaintiff & defendant are in bed together.
    Steele stinks so bad of corruption that he brings discredit to his profession. I know! I read somewhere that a judge told him so!

  7. Doe34 says:

    If the ORDER (04/01/13) from the court regarding LW Systems says “Motions to Quash will be decided on June 27th”, does that mean ISP’s will not release any information until that date? My info is to be released Mid April so if I were to file an MTQ it wouldn’t do any good if the judge won’t decide until June.

    • DieTrollDie says:

      If the judge has set that date as a decision point, the ISPs should hold-off releasing that information. ******* If Plaintiff ‘forgets’ to tell them – Opps!, the ISP may release it. ****** I would fax a copy to your ISP and tell them not to release it until the court makes a decision.

      DTD :)

  8. Milk says:

    I received a letter from Comcast stating that they will provide my name, address and other information as directed by the order and subpoena unless I file a protective motion to quash or vacate the subpoena.

    DTD, could you help direct me in what I have to file and what it needs to say?

    • DieTrollDie says:

      Take a look at the LW Systems area in Fightcopyrighttrolls.com. There are copies of some of the motions that have been filed. Read over them and see what these defendants are stating as their basis for the motion. You have to tailor your motion to what fits your situation.

      DTD :)

  9. anon1123 says:

    Any updates on this case?

  10. trolltarget says:

    Yeah any updates? Just received a ltter today

  11. What? says:

    Got a letter. concerning LW Systems LLC vs Christopher Hubbard
    I ignored it, thought it was a scam because:
    -IP address was wrong
    -I have accountability software on my computers that won’t allow these types of things to happen
    -I took my computer in to be searched and no such software or adult movie on my computer
    BUT my wifi code is known by several people.
    I’m taking it more serious because I just got a phone call. What should I do?

  12. DOE says:

    Anyone got updates?? Thanks

  13. warpath says:

    Here is an excellent post about what to do when you’re targeted by a troll:

    http://torrentlawyer.wordpress.com/2012/01/09/what-to-do-when-you-are-named-as-a-defendant-in-your-bittorrent-lawsuit/

    Long story short, the trolls are looking for people who don’t understand the legal system so they can exploit said system to make money. These are people who try and navigate things themselves, actually return their calls and speak with them (gasp), or ignore them. The best thing you can do imho is to scratch together 4-$600 to retain a lawyer and ask that lawyer to call them on your behalf and let them know you are represented. This moves your contact info to the lawyers number, and puts you in the “they are going to cost us money” pile. It also means you’ve done something proactive instead of waiting around for the troll’s next move and that brings a lot of peace of mind. I hope that helps.

  14. Pingback: LW System v. Hubbard: from Adam Urbanczyk’s signed agreed order to the new breed of demand letters | Fight Copyright Trolls

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