Newbie / Noob – Start Here

Welcome to my Site

The issue of Copyright Trolls and their activities can be a confusing and scary at first.  First take a read of the following posts/articles and then start to look around.  Use the search option for specific articles.

Introduction to Porn Copyright Trolling

Don’t Panic Article

What To Do When Notified Of Possible Online Copyright Infringement 

Fight Copyright Trolls Article

EFF Page on Copyright Trolls

Calls and Letters

Give the Troll the “Richard Pryor Response”

Written “Richard Pryor Response” 

Exculpatory evidence request letter from Keith Lipscomb

Robo-Calls 

Lutz makes a funny

Investigations

Business Model Of Fear 

Troll Offender Profiling 

Copyright Trolls Crap Shoot 

Trolls Can’t Cook 

Evidence

Show Me The Evidence 

Merits of a Troll Case

6881 Forensics LLC 

Negligence

Hatfield Case

Negligence – So Easy Even A Troll Can Understand It

Rogers Case

What To Do If Served A Summons or Complaint

What To Do If Served 

How To Answer A Troll Summons 

Troll Depositions – What To Expect

Your 5th Amendment Rights At A Troll Deposition 

Follow-Up to Your 5th Amendment Rights 

MISC

Morgan Pietz talks about Prenda and copyright trolls on Bloomberg Law

Ars Technica Article – “Enraged by abusive lawsuits, anonymous troll slayers fight back

DTD Article in ctwatchdog.com, “Sued For Downloading Porn? One Victim’s Answer”  DTD post  –  Ctwatchdog Article 

One Doe’s StoryTake a listen.  Great information.

Mark Petrolis, Senior Associate of Mudd Law Offices, discusses copyright trolls and BitTorrent litigation.  Pod Cast at Startup Radio, 19 Jul 2012

Please post any questions, ask advice, or just let use know how the Troll are affecting you.  I don’t mind helping out, but I’m one-man deep here.

PACER / RECAP

PACER

One of the first things I will always suggest to a new Doe is to get a PACER account.  PACER is Public Access to Court Electronic Records.

Public Access to Court Electronic Records (PACER) is an electronic public access service that allows users to obtain case and docket information from federal appellate, district and bankruptcy courts, and the PACER Case Locator via the Internet. PACER is provided by the federal Judiciary in keeping with its commitment to providing public access to court information via a centralized service.

Here is the registration page to get a PACER account.  PACER accounts are free to obtain, but you will have to provide a credit/debit card to be billed for documents and searches.

There is no registration fee. However, the Judicial Conference of the United States has established a fee for access to information in PACER. All registered users will be charged as follows:

Use of web-based PACER systems will generate an $.10 per page charge.

Audio files of court hearings retrieved via PACER will generate a $2.40 per file charge.

You are billed on a quarterly basis and if you keep it under $15.00, it is free.  If you are only accessing your cases, that should be easy for most.

RECAP

One way you can save some money on your PACER bill, as well as give something back to this community is to use RECAP (“turning PACER around”) when accessing PACER.  This really helps me and other who do a good amount of research and analysis on these cases.  It isn’t cheap and getting a $50+ bill is not unusual.  If you like what I do, please use RECAP when possible.

RECAP is a free extension for the Firefox and Chrome Web browsers.

What RECAP does is check PACER (when you access it) and tell you if there are “free” copies of the various case documents (and dockets) available to download.  If so, you are able to download it with ease.  If you have to pay for document, RECAP uploads the document and then other people can obtains free copies.  Note: RECAP is only as current as the latest docket/file download.  If you see the last date of filing on a case is after the last RECAP, you will need to access it via PACER to get the latest information/document(s) & update RECAP.

RECAP also has a Web page to search page for court documents.

DieTrollDie  :)
“Some ships are designed to sink… others require our assistance.”

468 Responses to Newbie / Noob – Start Here

  1. Anon-IT says:

    Ok so if I’m an IT specialist w/client’s and several of my own PCs will they have to examine them all? and what of my client’s rights ? it seems it would be cost prohibitive for them to forensically examine all of the PCs I may happen to have on-hand at any time at my house… Also I scrub and reload my PCs an average of once every 90 days or so for a variety of legitimate reasons including but not limited to: OS and software compatibility testing, HDD upgrades, Hardware bench-marking,, occasional virus purging and other hardware. not to mention the fact that I’ve had to replace my wireless router twice this year because of performance and hardware issues. Also I have on several occassions left a wireless channel (of two) “open” so I don’t have to put my password into every clients PC while testing or using the net to download drivers, updates etc.,Am I considered to be hiding/destroying evidence? I’m not even the ISP account holder, my roommate is but I set up all the ISP related hardware because she hasn’t a clue about tech. My roomie has only thus far received the letter from her ISP (Third Degree Films, rep’d by Leemore Kushner) but the time has passed for when the ISP is to release her info and she hasn’t heard anything more yet…Is she screwed then? am I? Thanks for ANY help.

  2. Dohsidoe says:

    With all the insistance that these letters are “just to find the responsible party” I’m not sure they have a leg to stand on if you’re not named in a lawsuit and can reasonably show you had legitimate need to scrub a computer (honestly I’m not sure they have a leg to stand on anyway–the only judgements they’ve won have been default judgements). Hell, it sounds like the sheer volume of computers you’ve had through there would mean they’re shit out of luck anyway, since they can only identify the IP address and not the computer that was actually used to do the downloading.

  3. Anon-IT says:

    I’m advising her to sit tight until the 1st settlement letter arrives and then to consider retaining a lawyer to be the middleman until they actually file against her personally. Does that sound like good advice?

    • Dohsidoe says:

      That’s probably more than enough. If you worked on her computer and you’re an IT specialist a sworn statement from you will be more than they can (or will be willing) to provide and should squelch the entire thing. If she gets with a lawyer I’d have her refer him to you and offer up a statement like that for him, and I think that will be the last you hear of it.

  4. justadoe says:

    I just received a letter from my ISP via email , i imagine ones probably setting mailbox as well at my old home from Ira M. Siegel, Esq.

    Legal Counsel

    CEG TEK International
    8484 Wilshire Boulevard, Suite 220
    Beverly Hills, CA 90211

    Stating I’ve downloaded a infringing file owned by Dreamgirls INC? I’ve logged into the site with the password given they’re asking for 200.00 dollars as the settlement at some website called copyrightsettlements.com. After reading online I shouldn’t have even logged in to see the amount they was asking. I have until the nov 24th, or he threatens cost, and damages. I’ve read after that the amount usually rises to 3000+ to settle. Then if i don’t settle it goes to federal Courts I’ve yet to find any lawsuits on the company Dreamgirls Inc vs anyone of yet, or if there is going to be a mass lawsuit like Dreamgirls vs a x amount of doe’s at once. I’m not sure if I’m gonna be some unlucky sole who gets tied up into all this alone like Dreamgirls vs Me which I don’t wanna be. I’ve read that he may have teamed up with another lawyer Limpscum based in FL since the company Dreamgirls inc is based in Tampa Fl. I’m nowhere located near CA. Question is should I pay the 200.00 “Extortion” to get out of all this, or wait this out, I don’t have the cash for legal advice, and I’m sure lawyer cost would rise well above the 200.00 settlement? Any advice, and maybe why this guy is back again after just having all his cases thrown out in another court? Does he have a new tactic he think may work this time? Thanks Everyone

    • Doeordie says:

      That’s really interesting–way back when these things first started rearing their ugly heads this was usually about the amount settlements asked for–maybe they figure a lot fewer people will bother fighting if they make the amount affordable? I have a feelling they’re probably right (particularly for guilty parties–$200 is not an unreasonable amount if you ask me) but the evidence remains the same–time stamp, ip. address, and no real proof that you’re the one that did it. Clearly with the only things going to trial being either people that admitted they did it or people that won’t show up to court having fewer people fight these is a good thing for them…Do what is best for you of course, but don’t sign anything without at least having a lawyer look it over. We’ve seen plenty of times on these websites just how sloppy motions by troll lawyers are.

  5. Tomato says:

    RFC Case Number: C-J12-5738J
    Court Case Number: 2:12-cv-05738-JLL-MAH
    File Date: Thursday, September 13, 2012
    Plaintiff: John Wiley & Sons, Inc.
    Plaintiff Counsel: David M. Kohane of Cole Schotz Meisel Forman & Leonard PA
    Defendant: John Does 1-48
    Cause: 17:501 Copyright Infringement
    Court: New Jersey District Court
    Judge: Judge Jose L. Linares
    Referred To: Magistrate Judge Michael A. Hammer

    New case filed by John wiley…same allegation..copyright infringement..I don’t understand why they file such cases for downloading ebooks..if you searching google to find Dummies,it will give you link to download it without letting you know that’s copyrighted materials.This country going to sink again without education and knowledge.

  6. Troll Killing Noob says:

    What happens if a young child downloads a film that’s copyrighted and gets caught in a Troll Swarm. Can the child be held accountable for copyright infringement? Are the parents held responsible in that situation? Would this be a situation where you could get a judge to quash a Troll’s attempt to obtain the personal information because the perpetrator of the crime is a minor?

    • DieTrollDie says:

      I’m not sure what the legal responsibilities are for a parent when a minor does something like this. Some of our lawyer friends might have a good answer for this. Regardless of who is responsible, the Troll doesn’t really care – IMO. Try telling a Troll that a child did it and they will be rubbing their hands and thinking about a quick settlement. They will certainly tell the parent that they are responsible and if they want to avoid ruining the child’s young life, they had better pay up. As the saying goes, “You can move mountains if you use the right leverage.” I’m sure many parents have paid out to the Trolls because of what a child did. I really doubt a judge would kill a subpoena just because you state that your child did it. The Troll would just counter that you were using your child to shield yourself from liability. They have the same view for people that claim someone used their “Open” WiFi connection to do this.

      DTD :)

  7. Troll Killing Noob says:

    I don’t really care what the Troll view is in these matters. I was curious how the US law views children in such cases. Also, I’d be interested how judges seem to be interpreting such laws, although I realize that may vary a bit depending on the judge and their particular jurisdiction. I read about a Scandinavian 9 year old girl case and that made me curious how they proceed on such matters in the US.

    Based on what I’ve read here, an “Open” WiFi” connection is perfectly legal. There is no “negligence” ground for the Trolls to stand on in court but that’s not their game. They run this game to extort a settlement and, typically, don’t plan to bring a case to trial. They only win a few cases by default because the defendant never shows up when a subpoena is served.

    So, it seems like a good strategy as a defendant is to wait out the Troll game…which is mostly bluff. If the defendant receives a subpoena, then they have to appear or the Troll could receive a default judgement against them. I realize, there are other possible strategies but do I seem to have a grasp of the basic game? What am I missing?

  8. Troll Killing Noob says:

    How much time typically passes between getting a notice of Copyright Infringement from an ISP and then getting a notice from the ISP that they are about to release contact information to a Copyright Troll?

    • julie says:

      I’d like to know that as well. I just received 5 notices all at once from my ISP provider. I’ve never been caught before, must’ve been a negligent day.

  9. ConcernedNewb says:

    How do i get ur email address? I got 2 notices from my ISP which i signed something to get my internet turned back on. then i got accused of a 3rd download i didnt do. So MY ISP shut me off. Now I am under someone else name for service and they got a letter. But it was CEG. The ISP says call them in 24 hours & the person is worried and feels they need to call in 24 hours. Help.

  10. Good to see that you have written this page. After all the complexities we’ve been through, a summary page such as this one only seems appropriate.

  11. Marti says:

    Hey…awhile ago I got a notice from my ISP that Malibu Media LLC has filed a federal lawsuit in United States District Court for the District of Colorado and I have been identified in their records via the assigned IP address. The court has ordered the ISP to supply my name/address/phone number in the attached order and subpoena. My question is shall I hire a lawyer to try to quash the motion? What is the success rate? if the success rate is low, shall I just wait to be served and then get a lawyer and try to settle? I found four law firms on the eff.org site but do not know how good are they. Anybody has any experience with these lawyers and would you like to recommend one…

    John A. Arsenault john.arsenault@frontrangelegalservices
    Lara L. Griffith lara@nouveaulaw
    David Kerr dkerr@idea-asset
    Charles Mudd cmudd@muddlawoffices
    Christina Saunders christina@nouveaulaw

    Thanks for your help…..

    • DieTrollDie says:

      There are some good people on that list. Give them a call ask about a consult. BTW, please don’t but identifying information on the site, as the Trolls do come here.

      DTD :)

  12. Oak says:

    I received a letter from my ISP regarding reFX Audio Software saying uploaded or downloaded a movie (no name given). I did talk to an attorney about settling possibly 2-3k plus $500 in attorney fees. I did not do the download and can easily prove I was at my workplace when the alleged download took place. I am new to this site, and am thinking the best course of action is to basically ignore everything unless I receive a summons and then reply to the summons denying the download. Does this seem like a good strategy? Any comments or suggestions would be greatly appreciated.

  13. Everyman says:

    Sorry to bother you, I received a letter from my ISP that Malibu Media has subpoenaed for information regarding my IP address. I looked at the eff.org site, but have found that they have no lawyers listed in my state. How would I go about finding a lawyer in my state, and how would I find out if they are affiliated with the trolls in any way or not? I unfortunately only have 7 days until my ISP will provide this information.

    • DieTrollDie says:

      What is the case number and court it was filed in? We can ask some of our lawyer friend if they know of anyone in your State that can at least give you a consult. Also search for a lawyer that specializes in ‘Intellectual Property’ (IP), as they may have a better understanding of the cases than others.

      DTD :)

  14. Random says:

    Am I right in assuming a majority of plaintiffs (mainly adult) have quit trolling? (not MM of course). Most now are horror flicks from what I see. If someone were to be a part of a mass-doe suit at this point would plaintiffs (even the less-bright ones) get jurisdiction right or use geolocation technology? Any insight you can give on the trolling models evolution over the past months is greatly appreciated.
    Thanks,

  15. TheDude says:

    Is your email still Doerayme2011@hotmail.com? I’ve just received an Order for Written Status Report

  16. dishwashers for bob says:

    newbie here…thanks for doing this. i’ve devoured a lot of the info here last few days, i’ve just signed up for a pacer acct (they said it would be processed in a hour but that was 6 hours ago- i assume it’s because it’s a weekend? also is there a recent version of a successful motion to quash? i printed out one from 2011 you had here.

  17. gary says:

    Hi guys, I settled, I then received more notices to settle for more stuff I have never heard of, and I am wondering if anyone had been in the same situation? Are they going to come after me now that they have my info?

  18. WhyUTroll says:

    DTD,

    I found interesting videos on copyright trolls on San Diego Entertainment & Sports Lawyers channel on YouTube. Maybe, these links can be added to this page as well?

    What do Copyrights, Trolls, Sex and Lawyers have in Common? Part I

    What do Copyrights, Trolls, Sex and Lawyers have in Common? Part II

  19. Imhotep says:

    If i get a letter from MM and don’t do anything, (meaning I don’t get it quashed) what will MM do? can they come to my house? Are they going to get a search warrent? Will I go to jail?

  20. johndidnt says:

    MM will get your info and start calling you.

    if they go to your house, feel free to kick their ass.

    Don’t worry, no body go to jail yet. you are just download Porn. If you go to jail because of download porn. you will on the news this is not x-art malibu want to see it.

    remember to delete your porn only, do not format your pc if you dont know what you are doing. its not easy and cheap for the troll to recover and find the files deleted a month ago. they dont want to spend the money to do it.

  21. Pingback: Negligence Claims Concerning ISP Subscriber Responsibility | DieTrollDie

  22. JOHN DOE a LONG TIME AGO says:

    I forget exactly how long its been…two years maybe? Back then I was mailed via Neustar that if I did not respond to a claim by Lightspeed Media put forth in Dade County (Miami) that my name would be released/associated with an IP address. It was then I got scared and came across this website…which I am still grateful that I came across it today. I paid a Dade County lawyer $750 for my name NOT to be released and I never heard from anyone regarding this false claim again. Thinking back…if I did nothing and did NOT pay $750, all that may of come of this is phone calls by the trolls along with their scare tactics for me to settle. I have kids…so I did not want these bastards calling my house. And the trolls did not receive one penny from me. Reading thru some of the most recent articles about troll related cases on this website has got my attention. Two years ago it was pretty much unheard of to even try to re-claim attorney’s fees one paid to fight these bastards. Now I see that people are at least trying to get compensated for the costs to protect themselves from these false claims. That contrast is a very good thing and I hope it continues to head into that direction…which is the right one which will put an end to the troll ways. The simple advise I can give to anyone visiting this website, scared like I was, is to take this website’s advise. It’s all true. Paying $750 to a lawyer instead of the thousands these bastards demand was obviously worth it….especially knowing the trolls did not receive any money from me and I did not receive any harassing phone calls. On the other hand…if phone calls don’t bother you simply follow the advise for that path given on this website. I cant thank DTD enough.

  23. Patriot says:

    Same thing happened to me. I got a letter in the mail claiming they linked my IP with downloading porn and to settle or I would be sued. Thanks to this site, I changed my phone number and did nothing else. Never heard from them again. You my friend, in my opinion, wasted $750 bucks.

  24. jondoe says:

    Hello i got a letter from my ISP in the mail 9/13/14 which included five settlement letters from digital right scorp. I have now clue what to do with them and if i should go ahead and pay them. I was also wanting to know if there is any cases open in North Carolina?

  25. Doe says:

    Can you sue these MF for harassment?

  26. Doe says:

    Comcast send me a letter that they identify my IP, using bit torrent to download and upload the DBC movie and that Comcast is ordered by the court to supply my mane, address and other information to DBC LLC. I don’t know who downloaded this movie or how but I don’t have Comcast account sincr I moved. The only thing that the troll can have is my old address and My phone.

    I’m not going to send any replies, letters or phone calls to the troll.
    So my question is if they decide to Subpoena me, how they gonna find me?
    And can the served me peppers by mail, even if I don’t reply to it?
    I’m so angry I want to go and crack the skull of this fucking troll.
    Thank God I found this site to enlighten me, otherwise I don’t what I would do.

  27. I too have been given notice by a DBC in the Southern District of Texas, by an Illinois troll that would like to settle as a good faith effort for 3,500,00, Refusing to do so will escalate the settlement cost. The caveat here is that I did not download anything and in fact, I was not even within 3 hours of my IP address when the download occurred. Has anyone here dealt with the Illinois troll that has representation here in Houston….I am one of 25 does. Should I motion to sever and to avoid legal cost can I do this pro se?

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