I started to look at some of the newer copyright troll cases and came across one in the Eastern District of Tennessee; Dimensional Dead Productions LLC v. Does 1-21, 3:12-cv-00603. No porn here, just zombies. This copyright infringement case is for the movie “Night of the Living Dead: Resurrection,” which was (and is still probably) shared via BitTorrent. Please also note in the docket, there are 13 related law suits to this case. 5Apr13Docket_00603(TN)
This zombie movie is based on George Romero’s classic NIGHT OF THE LIVING DEAD. The movie was filmed and initially released in the United Kingdom on 30 Nov 12. It has a scheduled US DVD release of 30 Apr 13. IMDb shows an estimated budget of $20K for the movie. The copyright registration shows it was registered by Dimensional Dead Productions LLC, on 16 Mar 11, via a Transfer by written agreement. The address is listed as 9601 Wilshire Blvd #1150, Beverly Hills, CA, 90210, United States. “Jeffery Lynn Broadstreet, 1954-” is the author on the registration (entire movie), with the following contact information: Jeffery Lynn Broadstreet, (323) 528-4551, (310) 276-0414, email@example.com. Registration
A look at the complaint reveals a pretty standard mass-Doe BitTorrent copyright infringement case. The charges are for a single instance of direct and contributory copyright infringement (DEFENDANTS ARE MEMBERS OF A SINGLE BITTORRENT SWARM) stemming from a single BitTorrent swarm (SHA1 Hash file # 4E92249F7ED7CF6FFC32EF8391E4902AAF23916F) involving TN public IP addresses between 15 Aug 2012 – 30 Oct 2012. Complaint_00603(TN) IPaddress_00603(TN) Now with this time period, I really doubt all the public IP addresses stayed in the swarm for the entire time. Most likely there were public IP addresses from all around the world coming and going from the swarm.
Plaintiff claims the infringing activity hurt its business, as they spent a substantial amount of time, money and effort to produce, market, and distribute the movie. The Motion Picture is currently offered for sale on at least on these websites: Amazon.com, target.com, columbiahouse.com, thatsentertainmentstore.com, and moviesunlimited.com. The initial release in the UK, was 30 Nov 12, approximately 100 days after the first public IP address in this case was observed sharing the movie via BitTorrent.
I’m trying to get a copy a settlement letter from this Troll/Plaintiff. What I have heard is that they want $5,000 within two weeks or the amount doubles. I will try to verify this. If the budget information (via IMDb) is true, then this is a crazy settlement amount, for a low-budget film. I know that some Plaintiffs are going to claim that the damage done to them is substantial, but this is crazy.
What caught my eye in this case is the personnel/technical monitoring firm the Troll/Plaintiff used: Darren M Griffin, Software consultant, Crystal Bay Corporation (CBC), South Dekota. A new name and a new company… A check of SD records disclosed CBC was incorporated in SD on 28 Mar 12, at the request of Corp 95, 32565B Golden Lantern Street, STE 140, Dana Point, CA 92629. CBC_Corp(SD) They list 110 E. Center Street, STE 2053, Madison, SD 57042, as their principle executive office address. Note: The SD register agent has the same address as CBC. David Deloach, 32565B Golden Lantern Street, STE 140, Dana Point, CA 92629, is listed as the person who incorporated CBC. Yes people, the stench of a Troll operation touches all aspects of these cases and it just doesn’t stop. I did find a Madvillie Times news article from 11 Jun 12, titled “Madison Home to More Shelf Corporations”, that was interesting. It appears people are using SD as a good place to create shell corporations. The article highlights CBC and 14 other corporation were created by Mr. Leoach during a 3.5 month period.
Corp 95 is run out of Aim Mail Center #19 (32565B Golden Lantern Street, Dana Point, CA 92629
A notable apparent screw up on this case is that in the motion to take early discovery, the movie listed is “Night of the Living Dead 3D: Re-Animation,” and not “Night of the Living Dead: Resurrection.” This appears to be a normal sloppy screw up made by Trolls who are apparently too busy to keep their shenanigans in order. Picture The sad thing is the court didn’t notice the error when they approved Plaintiff’s motion. It still needs to be corrected and I hope some Doe decides to bring it to the attention of the court.
I would like to ask the help of any interested personnel in conducting some research into Mr. Griffin, CBC, Mr. Leoach, and the other “interesting” aspects of this case. Tennessee is a new location and I would like to arm the local Doe defenders with as much information as possible.
If you are a Doe is this case or one of the related ones, please post some information here or send me an email. I don’t expect this case to go anywhere beyond the settlement harassment stage, but as this is an unknown Plaintiff… I sense some larger force behind this local TN Troll (Van R. Irion).