Open Forum

This page is for all the questions and/or comments that don’t easily fit in any other category or post on the site.  If you don’t know where to start – here you go.

DTD :)

262 Responses to Open Forum

  1. anonioumous@yahoo.com says:

    What do you guys think for an early settlement, before the deadline from the ISP? I just want the end all the headaches I have from this. Should be through an attorney?

  2. doe says:

    To DTD or other knowledgeable persons,

    What does anyone know about how Malibu Media chooses the districts they pursue cases in?
    Are there some states that are generally avoided by copyright trolls?
    There appears to be almost no (just 1) porn troll cases in Washington state. Anyone know why?
    Do you think Malibu monitors and saves IPs in states where they don’t have an attorney?
    I am a worried resident of a western state that has not had any Malibu cases yet.

    thank you,

    • DieTrollDie says:

      A couple things are factored into Troll Lipscomb/Malibu Media decision to only work in certain jurisdictions.

      1) A lawyer who is willing to debase himself and work these types of cases. Many lawyers do not want to run these cases and it does nothing to help a career. If they cannot find one in a jurisdiction, they cannot file cases there.

      2) A jurisdiction that accepts these cases on face value. For Malibu Media and their single Doe cases, most jurisdictions are fair game. Some jurisdictin are not as friendly as prior Troll cases and stupidity have made it hard for them. The CA courts are just such a place. IL and CO are an easier place to work.

      3) Experienced Doe Defenders. Some jurisdictions have lawyers who are very experienced in fighting the Trolls.

      4) Locations with high numbers of BT offenders. Remember this is a numbers game, so more BT offenders the better.

      Things do change, such as Malibu Media recently filing cases in OH, be cause they were able to hire a local attorney. My assumption is that Troll Lipscomb get a list of all the US BT offenders from IPP and has to decide where to focus his efforts. Much of the inner workings are kept secret.

      DTD :)

  3. M says:

    So it’s be pretty quiet since my last post here, but then rightscorp started using new tactics, should I be concerned? been awhile since I checked if they filed any cases either. They sent me this text today.
    “URGENT: Your internet service may be interrupted due to copyright infringement. Please call 888-851-3801 immediately. -Rightscorp Remove? Rply 66″

  4. Z says:

    DTD, others in the know,

    An email was received from Charter. It was the cookie cutter from CEG TEK, Ira Siegel, for a porn title. The settlement link was clicked, and was signed in to with their random username and password with a different computer. No identifying information was given to the site (short of cookie hacks they may have).

    Since 2011 it seems difficult to find cases of actual lawsuits. It is likely an escalation letter will be received, but what are the approximate odds of being brought to court? Tried finding recent examples of this guy/group in court, unable. How many lump and individual cases have they done this year? Where do I find this information? Their success rate?

    Thanks!

  5. Dave says:

    So, I wonder what is the minimum number, or just the range of infringement counts in Malibu’s case. I read that they only goes after the cases that have 20 or more, but given the number of case they filled every month, I don’t think it is possible to have every 20+ case; or they made up the figure for some cases.

    • DieTrollDie says:

      I don’t have numbers, but they are generally looking for defendants with the following parameters: 1) Located in a jurisdiction they file in. If you are in the California, they are unlikely to file – hostile territory for them. 2) Multiple Malibu Media/X-Art movies and/or site-rips being shared via BT. Even if it is a single X-Art site-rip of (one Torrent file) 10+ movies, it adds up to them. They will generally ask for $750 per title – 10 X $750 = $7,500. 3) Long periods of BT activity – usually over at least 30 days. This makes it harder for a defendant to claim a passer-by or hacker did it. Doesn’t mean that a neighbor could not have done it. 4) They also love to compare all the other files being shared via BT (what they used to file as “Exhibit C”) with the results of the social media and private investigation reports on the ISP subscriber and family members. They are looking for any thing being shared via BT that give an indicator of the BT user. Example: The defendant is Korean and there are multiple Korean soap operas being shared. Not a smoking gun, but it helps make a stronger case for them that the ISP subscriber was responsible and not a guest or other unknown entity. I should say a stronger negotiation angle, as these cases do not go to trial.

      DTD :)

  6. UneasyQueasy says:

    Hey DTD, I (well my roommate, the account is in his name) received three albums worth of copyright infringement notices from Rightscorps. He handed them off to me for some reason, and I’ve chosen to ignore them after a quick google search and after reading up on them. I’ve read that you’ve said they haven’t taken anyone to court yet, I’m just concerned with the amount of notices we recieved. I’ve made sure that all P2P activity has ceased from our wireless network, but I’m concerned with the fact that my roommate is all buddy buddy with some lady from out ISP, she apprently told him that the letters were from Sony (wth?) and it was her suggestion to pay the $20 dollars per infringement. I have no intention of doing this unless we receive some sort of certified mail from the US postal system. What are your thoughts on all of this?

    Thank you,
    A poor, concerned college student

  7. HWHAP says:

    I am one of the does in one of the Dallas Buyer’s Club cases in Texas. Today I received Waiver of Service and settlement offer in the mail. I’m not sure what to do now.

    • DieTrollDie says:

      Well I’m back from vacation and getting geared up to go forward. :) Please if possible, scan and email me a copy of all the paperwork you received – settlement letter, waiver of service, etc. Texas case… That was the first one if I’m not mistaken. If they have waited this long to get you a settlement letter, they don’t appear to eager to proceed with legal action. Here is my thoughts –

      1) Do NOT sign and return the waiver of server letter. If they are really serious (Highly Doubtful!) they would have paid someone to serve you. If you sign it and do not file an “Answer” with the court, then they will be able to get a default judgement against you very easily. Do a search for waiver of service on my site and read up on it.

      2) Take a wait and see approach to this. Again, I really doubt they will serve you with a complaint/subpoena. This is not their goal or desire. They only want the settlement money.

      Please send me the documents to – dietrolldie@dietrolldie.com

      DTD :)

  8. Doe (**Don't Put Your Real Name Here**) says:

    So heads up from Wisconsin, received a notification from my ISP in reference to Dallas Buyers Club LLC V. Does 1-16 CC# 14-CV-00235. The Subpoena gave the ISP until 6 June 2014 to provide names for IP Addresses but I didn’t receive the letter from the ISP till today 16 June. Not sure if names have been released yet so I guess I’ll just wait for contact from Trolls. They stated that I could supply an objection by 26 June in ref. to the case but after reading up on this site I’ll just wait to give the RPR to how ever calls. XXXXXXXXXXXXXXXREDACTEDXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX. Also, does DOES 1-16 mean there are only 16 others on this case?

    • DieTrollDie says:

      Yes, that means there are 16 John Does/IP addresses for this case. The parts I redacted gave away too much information – the trolls do read what is posted here. Send me an email (dietrolldie@dietrolldie.com) with specific questions. Please send me a copy of the settlement demand letter when you get it. Thanks.

      DTD :)

  9. Nathan says:

    Well, I screwed up. Before doing research, I called CEG TEK, and they now have my name and number. I’ve also been to their website with my true IP. I was not rude, so I don’t think they’ll go after me on a personal grudge. They’re claiming that I downloaded 2 copyrighted files from 2 companies, and they’re wanting $250 each. Tell me, honestly, what are my chances this escalates into a real lawsuit. You said they never have, but I’ve apparently made it easy for them to find me. I don’t believe they have a headquarters / office in Illinois, so they’d need to hire a lawyer who can practice outside of state. It might become too much of a hassle to be very profitable. Please let me know what you think, this is REALLY stressing me out.

    • DieTrollDie says:

      This will go nowhere and there will be no law suit. They are likely to keep calling you for some time. Just be polite and hang up. They will move on to the next person.

      DTD

      • Nathan says:

        Thank you so much. Really, you’re a great person standing up for a great cause. Ever since I got the email a few days ago, my hearts been racing. I really should have done my research before trying to deal with things on my own. Thanks again!

      • Nathan says:

        Oh, and one more question. Would it be better to just ignore their phone calls? Not hang up while it’s ringing, just let it ring? I don’t even want to speak with them.

      • DieTrollDie says:

        You can ignore or just hang up. It doesn’t matter. They are not going to do anything.

        DTD :)

  10. Leo says:

    I was told by a lawyer in Ohio that if your sued by Malibu Media and have to pay some crazy amount that you can’t file bankruptcy on this settlement?!? How is it possible that they can sue for an insane amount of money and than be unable to file bankruptcy on the judgement. Is it possible that this lawyer was incorrect?? Thanks

  11. Droidrunner says:

    Can CEGTEK get a hold of you at all if you don’t give them any info? I went to their website to access the claim, stopped right after that and stopped torrenting right after that also. I don’t want harassing phone calls or anything. My ISP forwarded the letter so it wasn’t an email. I’m ignoring them and caulking it up to a life lesson learned.

    • Droidrunner says:

      To add, it was only one video they are going after

    • DieTrollDie says:

      No. CEG-TEK (and the others) only know the public IP address they recorded. The best they have is a general location (City and State). If they wanted to (doubtful for most), they could search through the “other” files that were being shared via BT and see if any of them have clues/information that could indicate who you are. If you contact them via an email address or telephone number, they could start to research them (email & phone #) and see who is associated with them.

      DTD :)

      • droidrunner says:

        I just didn’t want my family members being harassed for this, as it is my problem. Basically, there’s no way where CEG TEK can call me OR send anything in the mail to me. I suppose they could forward something through my ISP. Also, couldn’t find any cases brought to court in the North East region of the country. Do they not come over here?

  12. Jason says:

    HI i had a question about a settlement i recently made. lets say since they got me once for infringing on a certain date while downloading a file. but i downloaded the same file again at a different date before receiving my ISP notice. Now fast forward to now after ive already settled can they identify my IP address and then sue me again for downloading it at that different date for the exact same file? even after ive already settled which means they can no longer go after my IP address for this particular Lawsuit.

    • Nathan says:

      You shouldn’t have settled in the first place. I was told by several people (including DTD), that nothing will come from these “lawsuits”

  13. Jason says:

    Oh well im sorry but i was wondering if i could get an opinion on my situation then.

    • Nathan says:

      I’m sorry, I didn’t mean to come off as sounding rude. Basically, whatever they sent you in the email is all they’re asking for. As far as things like pirating go, it doesn’t matter how many time you download the same file. You should be alright.

  14. John says:

    DBC Wisconsin settlement came today in the mail. So is it normal for it to come in an unsealed envelope? Seems to me that something like that should come sealed or with a confirmation of receipt. Scanned and sent to you for dissemination. Looking for anyone else involved on this case

    • DieTrollDie says:

      Usually you would expect the Trolls to seal their letters, but they could have been busy working their extortion (my opinion) and it slipped by. They are not going to use anything more than standard mail, as it keeps costs down. Some of the settlement letters from Troll Vogt have also had a “Waiver of Service: request form attached. DO NOT SIGN this document!!!! IF you do sign it, you have effectively accepted “Service” (i.e. been served with a summons/complaint) and you will have 60 days to file an answer with the court. If you do not file an answer in that time. The Troll can motion the court for a default judgement against you – award will be anything between $750 – $150,000 PLUS costs/attorney fees. DON’T DO IT!!!

      DTD :)

  15. Doe says:

    Just received a letter from my ISP at my old address. If I am no longer a customer of that ISP, will they release my name if subpoena goes through? I’m in Illinois and the information is being requested by Dallas Buyers Club, LLC.

  16. Doe says:

    DTD, do you have an email address that I can reach you personally? I recently got CEG-TEK letter and need some advice privately.

  17. Doe (Redacted) says:

    I had received a notice of copyright infringement from my ISP for songs that were downloaded. Unfortunately I think they were done by a guest that was over for a few days on vacation.

    Well today I got a call from a copyright troll saying that I am responsible for 59 downloaded songs and that I should pay up. She said if I settle now it amount would be less. I hung up before I got the settlement amount. She did try and call back and left me a voicemail saying that I should call her back and settle before they go ahead and start legal proceeding. Should I settle or wait to see if I get a letter in the mail.

    • DieTrollDie says:

      OK. Was the notice from RightsCorp? I assume you went to a Web site in the notice and entered your name. More details please. I know of NO current Copyright Trolls that are actually suing people over downloaded songs. BTW – That is the same story they tell people to get them to settle.

      DTD :)

      • Dont put real name says:

        I never went to any website, or put my name in any boxes. They said they were representing BMG and that I have to pay up. She said it was $20.00 a song I would have to pay up.
        I actually did a reverse check on the phone number that called me and it says its mobile number so I am guessing it is a scam. I am just going to wait and see if I get a letter from the company. I am still freaked out right now.

        Thanks

      • DieTrollDie says:

        If you have the notice, please send me a copy. Dietrolldie@dietrolldie.com

        DTD :)

      • DieTrollDie says:

        OK. Well we have seen RightsCorp open/close a small number of Federal Case (NOT Copyright Infringement cases) just to get a subpoena issued. Please see my recent article on RightsCorp for details. I would contact your ISP and ask them if they received any subpoena for your information (Talk to the ISP legal dept.) and if so, ask for a copy. That may be how they got your information. Again, don’t pay and make sure the activity stops. Also inform your ISP that you have taken steps to make sure the activity doesn’t restart.

        DTD :)

  18. Doe 1-36 says:

    DTD do you mind if I email you the paperwork that I received from Comcast? It’s DBC vs Doe in Northern District of Illinois. I want to make sure that it’s the standard that is sent out.

  19. Doe says:

    Thank you for all your help, I will contact my ISP provider and I will keep you update if I do get any more calls or I will send you any letters I get.
    Thank you so much for all your help.

  20. John doe5 says:

    What if the alleged infringed work has not been registered? Can a troll still come after you?

    • DieTrollDie says:

      Yes. Here is the law that covers this aspect – http://www.law.cornell.edu/uscode/text/17/412

      They can come after you, BUT they cannot seek statutory damages, only actual damages – usually harder to prove and the dollar amounts are likely to be smaller than what they want. You also should be aware that some works are in the process of getting US Copyright registration when these cases are filed.

      DTD :)

      • John doe5 says:

        Thank you. That is very helpful. If the registration is pending does that impact things.

      • DieTrollDie says:

        It depends WHAT date the Copyright Office eventually gives it. But to get to that point the case would have to be far along. If the infringement happens in the first 3 months after first publication and before the registration date, they can still seek statutory damages.

        DTD :)

  21. Not Sure says:

    Not sure where to go but my isp email(never used) was just recently logged into and I found a lot of dmca notices from comcast for the last few months. There were no passwords to access pages, no settlement info. It just said that they were informed of alleged violations. I think it is a standard email that I think a lot of people get. They are all from the group ceg tek. Im not sure why I was not informed by comcast early on “six strikes” as I would expect my service to be interrupted. I have not received any calls, etc from anyone. That being said I checked my network and made sure it was secure etc. Im sure after my current safe guards that this type of activity will cease. What else should I do?

  22. Not Sure says:

    Thanks for the quick response. I’m loosing sleep over this as you can imagine. Am I calling the assurance people or customer service? Should I inquire why I was not informed earlier? Scared that there were more emails that I never received. Any ideas why I never got calls or those settlement notices like other people? Sorry for all the questions I’m just trying to get a better understanding on how this all works. I don’t want a lawsuit etc. thanks again and your website is a blessing to the misinformed.

  23. Not Sure says:

    Can you move my post to the appropriate post? As I’m really for clarification. Thanks again.

  24. Broke College kid says:

    So I’m still confused about all of this but here is what my situation is, my mother received the letter from our ISP and talked to me about it and it all freaked us both out, so I went ahead and paid the $20 not knowing that they would later come at me with another 19 infringements. So now they have all of my information, I don’t admit blame for downloading this content, but does my fear induced reaction of paying the first $20 admit quilt? I also received this email, along with the numerous other threats they send me -”
    Dear **************,
    I am notifying you concerning the copyright infringement violations that occurred under your IP address. Your case has now been escalated.
    The amount of time to settle the copyright infringements is now limited and at the mercy of the Copyright owner.
    Once the settlement is removed by the copyright owner, we can no longer help you reach settlement at $20 per copyright infringement.
    It is urgent that you contact me at my direct line below or any agent at (310) 751-7510 to settle the copyright infringements and show the copyright owner that you are cooperating.
    Thank you,
    Marina
    I didn’t think they sued since it says so on their website, but will Warner Bros. come after me?
    Any help and/or information would be most appreciated.

    • DieTrollDie says:

      yes, that appears to be the standard operating procedure for RightsCorp (and possibly CEG-TEK). They send “one” infringement notice and hope the recipients do not think twice about paying the $20. Then of course after they have your info, the rest of the infringement notices start to flood in.

      “Escalation” is a word they really like to use. I don’t think they know what is means. I have NOT seen/heard of any escalations (law suits, etc.), except that RightsCorp is going to hound you to pay them under threat of a law suit. It is all BS in my opinion. You will likely receive emails, calls, robo-calls, and text messages telling you to pay up.

      My standard advice applies. Make sure the BT activity on the network stops; ignore these Bozos, and move on with your life. Please send me copies of emails, text, or recorded voicemails/calls.

      DTD :)

      • Broke College kid says:

        I see, well I have been doing exactly that for about 4 months now, and my mind had been at ease, just blocked their numbers, ignore emails, stopped at BT activity, etc. however my newfound concern was initiated after I read this article, https://torrentlawyer.wordpress.com/2013/06/21/wb-warner-bros-mpaa-sending-20-dmca-settlement-letters/ , as the content they believe I have copy right infringed upon come from Warner Bros. Records. Take a look at this article and let me know what your thoughts are.

        And thank you very much for your time and insight, it is very much appreciated!

      • DieTrollDie says:

        Yes I know the article. Since it was published we have not seen any real changes and Warner brothers does not seem to be jumping into this. My suggested course of action for RightsCorp and CEG-TEK is still the same. Make sure the BT activity on the network stops; Don’t let it start back up; Inform your ISP that you have taken steps to make sure this doesn’t happen again (ask them to note this in you account); & ignore the calls, vociemails, texts, and emails from these idiots.

        DTD :)

  25. Sunny says:

    Hi DTD, my situation is pretty much the same as brokecollegekid’s. I was sent an email to pay $20 for one infringement and I paid it off. Rightscorp then sent me an email and text about how I had another 20 infringements to pay off. I’ve been ignoring them for 4 months now and they’re saying my case is escalating. I see in your previous comments you said to keep ignoring them and contact your ISP and make sure the BT activity stops? Can you explain what that is so I could do it please? And is there anything else I Should do? Thankyou very much, I think it’s awesome that you take the time to do this for others!

  26. Wondering says:

    Was wondering if you had any data on where malibu media is getting their alleged violations from ie: bittorrent or utorrent? A majority of articles I’ve seen say bittorrent but don’t know what that means.

    • DieTrollDie says:

      BitTorrent is the file sharing protocol (set of rules). uTorrent is a BitTorrent client (BT program that run on a computer) that uses the BT protocol to download/upload files between multiple sharing BT clients. There are many different BT clients – u Torrent is just one of them.

      The BT monitoring firms that Malibu Media and the other Trolls use look for movies owned by their client (Malibu Media, etc.) which are being via BT. Once they determine that a client movie is being shared, they connect to the swarm and obtain a small amount of data from as many sharing BT clients as possible. Based off of the hash files that correlate back to the Malibu Media movie, they file law suits alleging the IP address (ISP subscriber) illegally downloaded/uploaded the movie (Copyright Infringement) and seek to identify the ISP subscriber to force a settlement – “pay up or we sue.”

      DTD :)

  27. ClassAction says:

    Kurt Vonnegut gets sued by a porn troll. I sh*t you naught. Problem is, they had to bring him back to life to do it. It’s an amusing tale and a fairly accurate portrayal of troll techniques, their (bogus) technology, and the troll psychology of unbridled greed. It’s especially funny what happened to one troll when he unknowingly pointed the finger at a couple of undercover government agents – if only we all had the power to deal with trolls that way. Just raising public awareness of this vile mockery of justice.
    You can read about it here:

  28. Louis says:

    I just checked Pacer and found this – NOTICE of Voluntary Dismissal by Plaintiff Malibu Media, LLC. While I’m very happy that they dismissed my case without me doing anything, I’m left wondering if this can be reused against me in a year or so from now?!? Or is the stress of that crap over?!? Thanks in advance.

    • DieTrollDie says:

      If this was the first case against YOU/the IP address, then the Plaintiff is allowed one more time to refile a case for the same complaint and name/IP address. I also assume the dismissal was “without prejudice.” “Without prejudice” means it is left open to a possible future suit – Statutes of limitations still apply (3-years from last date of alleged offense). “With prejudice” mean they cannot refile for the same claim. Unless there is something new that the Troll finds, it is unlikely that they will refile, as they would have simply pushed the case forward the first time. Refiling costs them another $400 and then if they don’t do anything, it essentailly means a second dismissal with tender the case ajudged on the merits (the otherwise lack of them) – meaning you cannot be triel another time on the same issue.

      DTD :)

      • Louis says:

        Yes it was “Without prejudice”. It’s still good news. I’ve locked down my WiFi, so there shouldn’t be any reason for it to be reopened. Thanks again.

  29. Just curious says:

    so it seems only bt users are the targets…

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