16 May 13 – Update – Subpoenas Are Quashed!
Sorry but this is going to be a short update. On 9 May 13, Judge Robert S. Lasnik, issued a Show Cause Order and Quashed Subpoenas relating to 48 cases (2323 Does) filed by Troll Symmes. Doc31_SC_Quash_00308(WA)
The judge sounds like he has some concerns -
As the full extent of this assignment has become clear, the Court admits to some concerns regarding both the appropriateness of joinder and the possibility that the judicial authority of the United States may be used to wrest improvident settlements from pro se litigants under threat of huge statutory penalties.
After review, the court ordered the following -
Having reviewed defendants’ motions to quash the subpoenas, the remainder of the record in this and related cases, and relevant case law, it is hereby ORDERED as follows:
1. Any and all subpoenas issued in the above-captioned matter are hereby QUASHED. Plaintiff shall immediately notify the subpoena recipients that they need not respond.
2. To the extent plaintiff has obtained identifying information regarding one or more Doe defendants, whether through the service provider, defendant, or another source,it shall not utilize that information in any way. If plaintiff has already contacted one or more of the defendants, it shall file under seal all correspondence or other written communications (including emails) sent to defendants and a summary of any oral
communications. Plaintiff shall refrain from any further oral or written communications with defendants unless expressly approved by the Court in advance.
3. Plaintiff shall, within fourteen days of the date of this Order, show cause why the above-captioned matter should not be dismissed as to all defendants other than Doe 1 for improper joinder and/or pursuant to the Court’s inherent authority to control its docket.
4. Plaintiff shall, within fourteen days of the date of this Order, provide additional information regarding (a) Zembezia Film (Pty) Ltd.’s ownership of the copyright at issue and (b) Zembezia Film (Pty) Ltd.’s direct and indirect members/owners/stakeholders. Plaintiff shall provide a copy of any and all transfer statements and/or work-for-hire contracts supporting a determination that Zembezia Film (Pty) Ltd. has standing to pursue this action. Plaintiff shall also supplement the corporate disclosure statement filed in this action (Dkt. # 2) by providing the registration information for Zembezia Film (Pty) Ltd.
maintained by the Secretary of State and identifying all members/owners/stakeholders of Zembezia Film (Pty) Ltd., both direct and indirect, in the form of an organizational tree that reaches back far enough to reveal all individual members/owners/stakeholders and publicly-traded corporations.
5. With the exception of the actions specifically set forth in this Order, the above captioned matter is hereby STAYED.
2 May 13 – Update – John Doe Files MTQ
Here is the 2 May 13, TorrentFreak article on this case. Here is a copy of the Motion to Quash filed by the John Doe for the three cases. JD_MTQ_3Cases_00308(WA) Please take a read let us know what you think.
30 Apr 13 – Update
Just a quick update on the Frontier Law Group. It appears they have set up a WordPress Web site. frontierlawgroup.wordpress.com *** Please note that if you visit this site, you IP address could be recorded. I doubt it, but your never know. *** It appears they are using it as a FAQ page for people they are suing. WordPress is great, but it shows how cheap these guys are. Me being cheap as a single person running a site is fine. A law firm specializing in Copyright Infringement should present a better image. They didn’t even have sense enough to pay for a domain name without “WordPress” in the Web address.
First off, thank you ongchotwi for your help with the sorting & filtering of the data. After looking more closely to the Zembezia cases, 2:13-cv-00308/00309/00310/00311/00312, it became clear that it was a sloppy mess. Initial posting on this case. A notable finding was that there were multiple repeat IP addresses listed (some in the same case!). This appears to be because the BitTorrent software version was updated and the Troll failed to notice the repeat entries after sorting/filtering. The other repeat IP addresses were also due to the software version changing over time. So we now have a total of 305 Public IP addresses/Doe involved in this case.
So in addition to the solid linkage of all the cases together, we can see the Troll and his technical monitoring personnel are sloppy in their case management. Not a big surprise. This calls into question their accuracy AND the reason for splitting up the IP addresses into separate cases when they should all be joined – jointly and severally liable. I haven’t looked into the other Zembezia cases, but I expect they are of the same caliber.
In my initial post I said these cases appear to be of the old-school variety with some variance. One thing that didn’t vary from the first porn copyright troll cases is the sloppiness. As no porn copyright troll case (to date) has gone to full trial (judged on the merits), I serious doubt these will go either. Still, do not ignore any summons or subpoenas that could come your way. Please contact me when the Trolls start to call, write, or email.
Hopefully we will see some Doe and/or Doe defender make some motions to bring this to the attention of the court.