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 :)

348 Responses to Open Forum

  1. innocent doe says:

    Hi, I’ve been receiving calls weekly from RightsCorp. About how long until they give up?

    • DieTrollDie says:

      Not sure. Depends on how desperate they are. ;)

      DTD :)

      • innocent doe says:

        Thx for this website DTD, very helpful.

        Can anyone else comment on this? They started calling mid January.

    • LK says:

      I’ve been wondering when they’ll give up for almost a year now… I think at least 12 of my blocked numbers are theirs, and I just added a new one last week. Expect some texts eventually and emails if they haven’t started already. Good luck! ;)

  2. dOE says:

    Ok so I just got one of these and I while I think I did download it, I never intended to upload and share it which they said I did. And I deleted it after I found it on my computer I swear. It was one of those site rips though and it had a bunch of files. Please tell me they will be reasonable and not give a crazy settlement of $20K+. I can’t afford that and I’m about to have a breakdown here.

  3. Doc Jones says:

    I have been named as a defendant in a Malibu Media case (even though I’m not even the subscriber of the IP address) and I sent my letter denying everything (pro-se). The plaintiff issued a motion to strike all of my affirmative defenses. I am looking for examples of a follow-up to send in response to the plaintiff’s motion to strike. Thanks in advance. After I get through this I’ll be happy to share all of the documents.

    • DieTrollDie says:

      That is a very specific request and it will be hard to find one that addresses. I suggest you try to refute the reasons why the Troll is claiming it should be stricken.

      DTD :)

      • Doc Jones says:

        Thanks for getting back to me. I don’t believe this is going to be a specific request for very long. The basic denial and affirmative defenses that you so graciously and thankfully provide on your website are like a boiler-plate answers to the trolls initial, alleged accusations. Their motion to strike 10 out of the 11 of them in my case I’m willing to bet is their boiler-plate response as well. Someone out there (a defense attorney) I’m sure has already written out a series of objections to these. I have scoured your website and several others and haven’t found anything good enough and I believe that’s mainly because Malibu Media and other trolls have changed their strategy more recently to go after specific individuals per case instead of suing large groups of John Does per case.

        I’m glad that you post the current cases per year which also can be organized per troll as well as per state as well as per representing troll attorney, so my next strategy is to go through each case in my state and see if I can find a Malibu Media case where a defendant has been named and in which the defendant retained counsel. Then- I’ll just piggy-back my answers accordingly. I know I should be able to find one because after doing a quick look I see that Malibu Media in 2014 and my state alone has opened roughly 100 cases. Please keep me in mind if you do see objections to a motion to strike and let me know and I’ll do the same for you. As soon as I find one I’ll post it on your website. I have a feeling it’s going to be helpful for a lot of people. Peace.

  4. MeCalledDoe says:

    Here is the 2nd item sent to us from our troll Carl D. Crowell (Dallas Buyers Club /OR)
    Not sure if any different from the first but figured id share it.
    *we also have a different IP as well since we have a new modem.

    Should we answer his questions? Or is just more bait and switch

    • MeCalledDoe says:

      You still there? Also wanna re-affirm what I’ve been told as to whether or not this is an actually legit court doc that i should “abide” by (too late anyhow)

      • DieTrollDie says:

        This is a real court document telling the ISP to release,the ISP subscriber information to the Troll pending any motions to quash.

        DTD :)

      • MeCalledDoe says:

        Well got another package from Carl today, this doesn’t look so good. And i think we are past the time to “squash” anything no?
        Please advise. Whoever did this easily could have been our neighbors not just the hotel (that was just an assumption) which many of our apt neighbors are in the area of our wifi (as well as the hotel)




      • MeCalledDoe says:

        sorry those pics wont do.




  5. DieTrollDie says:

    It is hard to say, but I’m of the opinion Troll Crowell and the Anti-Piracy Management Company (APMC) probably doubt your story. The questions they will be asking you (on his home turf) will be trying to see if you (or family member) are the infringer. They already have a list of all the “other” files that were being shared on BitTorrent via your IP address. They will be looking at those files and then comparing it to your social media persona, as well as what they could determine by conducting a Lexus/Nexus database search. Example: They find out you are a photographer who is a fan of motorsports (racing cars, various types) – this from your Facebook profile and public Internet searches. They then find out the BT client on your IP address was sharing copies of Adobe Photoshop, other photo/video editing software, and some PC games for racing cars. They will also look for (and ask about) what children/young adults are in the house. If they find childrens movies being shared, they are likely to assume you downloaded them for the kids. My point is it is going to be hard (IMO) to get them to drop the case based on your answers. Even if you can give them all the right answers, they might ask to do a forensic exam of the computers in the household. Then EVEN if your systems are 100% clean, they will simply say you hide the offending computer and THAT is why they found nothing. NOTE: This is their greatest fear – offending system is missing and other systems are clean – no evidence of BT or copyright protected files. You can see the pattern here. Also, most attorneys are skilled at asking questions and know how to get people to talk. Plus, once most people start to answer these types of questions, they are TOO AFRAID to get up and walk away when the questions get harder or offensive. Most people think that if they get up and walk away, the Troll will think they are guilty. CLUE!!!! The Troll already thinks you are guilty. I would consult with an attorney who knows these Bozos and get their advice. If you (and/or family didn;t do it, the atorney will likely be able to help you convince the Troll that it isn’t worth the effort to push the matter.

    DTD :)

  6. Chris says:

    I have been doing some research on Rightscope and found out they stock price is $0.08 and lost 3.4 million dollars last year. They only have 2 major contracts (Warner Brothers and a music label I cant remember the name of). In my mind, they do not have the time or money to take anyone to court. A quick email of saying we can settle this for $20 is there best move the have. They are also been hit with three law suites this year and its only April. I don’t see this company growing anytime soon.

    As a business major, investing in this company is a huge mistake, I should just set my money on fire. Sending the emails via your ISP is cheaper and sending them by the millions is way better than filing and suing. Don’t get me wrong, they might you never know but its unlikely. Just in the last few months, Rightscope is increased emails to ISP. Sounds like a last ditch effort, but one that wont last.

    With Rightscope track record, I am doubtful any company will contract with them or want to be known with them.

    Best thing to do is to stop Illegal BT, change passwords on home networks, and let this be a learning experience.

  7. doe says:

    Can someone help me understand the three year statute of limitations on copyright infringement? It’s been more than three years since I allegedly performed a site rip of Malibu Media files, but just under three years since I received a letter from my ISP indicating that Fiore-troll was trying to determine my identity.

    • DieTrollDie says:

      The 3 year statue of limitation is from the last recorded instance of alleged infringement. Often Malibu’s agents record the activity before and after their “Hit” dare in the complaint. So if there was BT activity happening on the IP address up to (or after) the ISP notification, they could have records of activity under the 3 year mark. If it has been that long since you heard from Malibu, then I doubt anything will ever come from it. That is also as long as the activity doesn’t start back up.

      DTD :)

  8. A canadian says:

    Hey DTD,

    I have recieved yet another notice but his time it’s from HBO regarding the download of Game of Thrones. There are no demands for settlement or a link to a website. As far as my understanding, HBO is not threatening to file a lawsuit, yet. But they are requesting me to reply. What should I do? Please help I’m really worried and scared. I Have pasted the email from HBO. Thank you.

    Dear Sir/Madam and/or Sir/Madam Subscriber,

    We are writing this message on behalf of HOME BOX OFFICE, INC. (“HBO”), with physical offices located at 1100 Avenue of the Americas, New York, NY 10036, United States (Attention: Director of Anti-Piracy).

    We have received information leading us to believe that an individual has utilized the IP address 96.48.124.152 at the noted date and time below to host and/or facilitate the downloading and/or streaming of content (listed below) in which HBO is the copyright owner of such content (the “HBO Properties”). No one is authorized to exhibit, reproduce, transmit, or otherwise distribute HBO Properties without the express written permission of HBO, and the unauthorized distribution of HBO Properties constitutes copyright infringement. This conduct may also violate other laws, international law, and/or treaty obligations.
    The title in question is: Game of Thrones

    As the owner of and/or subscriber using the IP address, HBO requests that you immediately take steps to prevent further downloading or uploading of HBO content without authorization.

    We have a good faith belief that use of the copyrighted materials described above is not authorized by the copyright owner, its agent, or the law, and we are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    This letter is not a complete statement of HBO’s rights in connection with this matter, and nothing contained herein constitutes an express or implied wavier of any rights or remedies of HBO in connection with this matter, all of which are expressly reserved.

    We appreciate your assistance and thank you for your cooperation in this matter. Your prompt response is requested.

    Any further enquiries can be directed to copyright@ip-echelon.com. Please include this message with your enquiry to ensure a quick response.

    Respectfully,

    Adrian Leatherland
    CEO
    IP-Echelon
    Email: copyright@ip-echelon.com
    Address: 6715 Hollywood Blvd, Los Angeles, 90028, United States

    • DieTrollDie says:

      Thanks for sharing the notice you received. I don’t see anything that asks for your reply. Anyway, I would NOT reply or ask them any questions. Best thing is to stop the activity, resecure the WiFi Internet password, and ignore them.

      HBO is a BIG content owner and IF they wanted to send a message to people, they could go after a few select infringers. These could be the people that have huge amount of shared content (including Game of Thrones) in areas/jurisdictions where they have attorneys that can file. It would likely cost them more in legal fees than in settlements, but I expect any such action would be more to send a message to people to stop. So, it is unlikely (IMO) that anything will come of this, but better to play it safe.

      DTD :)

  9. A canadian says:

    Thanks DTD, you are truly godsend to us. I found a very recent article by Forbes regarding this “Game of Thrones” matter. It gave me a little bit more peace of mind to say the least. http://www.forbes.com/sites/insertcoin/2015/04/22/hbo-going-after-game-of-thrones-pirates-with-nerf-guns/

  10. MeCalledDoe says:

    Here is the latest, sorry i must seem naggy with my posting everything.
    So now is THIS an official court paper that has to be done?
    This also came with a check of 70$ attached to it as well.

    • DieTrollDie says:

      It does appear to be real. I would suggest talking to an attorney about this. By the paperwork you don’t appear to be named as the Defendant, but I would check the docket also. An attorney will be able to at least prep you for the deposition.

      DTD :)

      • MeCalledDoe says:

        It does have the Comcast account holders name on the paper. Although the court docket doesn’t. But yes we have been in contact with a lawyer who said he has another deposition with Carl on monday and will call us after.

      • SJD says:

        I concur: don’t even think about going to a deposition (any deposition) without an attorney.

    • DoeNotKnow says:

      MeCalledDoe, what did your lawyer say after he/she went to the deposition on Monday?

      • MeCalledDoe says:

        He had ours moved up a week and is trying to get it out further and at his location.
        I think the questions that where asked according to my wife is the account holder so she is in talks with the lawyer as pretty basic.

        Does anyone have access to your computers other than yourself?…
        Do you have any knowledge of downloads? …
        Why was this and that gone through your modem?
        What kind of movies do you watch?
        Why where “downloads” gone through your modem for such a stretched dates”

        Pretty basic question after question to try to catch you in a lie and entrap you and that its kind of like an interrogation.
        I think one of the last things we received from him in the mail mentioned it being recording on a audio recorder, video recorder(separate) and
        She was told it could take like 4 hours or so.

        And we are in talks with this guy
        http://klarquist.com/people/rick-mcleod/

        The others either try to send us to another person, flat out say they cant talk about anything unless we come in and the a couple other wanting 300$/hr

      • Doc Jones says:

        Personally if I was going to a deposition without a defending attorney on my side I would plead the 5th on every question other than basics like my name and address. Tell them you can’t afford an attorney and because you don’t have representation you don’t feel comfortable answering anything. Apologize and say you wish you could be more helpful. Never speak out, never get angry, and always remain calm and cool.

        After having gone through this myself and winning my case pro se – I was even considering staging a fake break-in to my house, hiding my computers, causing a mess, and calling the police to report everything was stolen. You could say you had gathered all your hard drives in a pile to have them ready to be examined and the crooks ran off with everything. Thankfully I beat my case before having to do that. I will say that a lock and partial door frame is far less expensive than an attorney.

        The plaintiff is going to look to do a forensic analysis on your computer and charge YOU for the cost… they are looking for a smoking gun. If there’s no gun at all they can’t do a forensic analysis and they have no case because they have no proof. They have nothing other than an IP address.

        Also- write to the court and ask for a pro bono attorney. You never know- you may get one.

      • Doc Jones says:

        Also- never laugh and never smile.

    • DoeNotKnow says:

      To anyone that has experienced one of these depositions with DBC, what questions did they ask? Or if you have not experienced it first hand, what kind of questions can we expect to be asked?

  11. canadian says:

    thank you for all these wonderful resources. Can anyone recommend copyright defense lawyers in canada?

  12. Manoman says:

    I received an e-mail from my VPN provider stating that my account has been suspended because of received DMCA complaints. Upon further reading of the e-mail there is a section titled “Further information about DMCA complaint”. In this section there is a letter from Rightscorp:

    “**NOTE TO ISP: PLEASE FORWARD THE ENTIRE NOTICE***

    Re: Unauthorized Use of Copyrights Owned Exclusively by The Royalty Network Inc.

    Reference#: (edited out) 2015-05-05 16:30:35.0

    Dear Sir or Madam:

    Your ISP has forwarded you this notice.
    Your ISP account has been used to download, upload or offer for upload copyrighted content in a manner that infringes on the rights of the copyright owner.
    Your ISP service could be suspended if this matter is not resolved.
    You could be liable for up to $150,000 per infringement in civil penalties.

    The file (edited out) was infringed upon by a computer at IP Address (edited out) on 2015-05-05 16:30:35.0 GMT.

    We represent the copyright owner.
    This notice is an offer of settlement.
    If you follow the link below and login to the Rightscorp, Inc. automated settlement system, for $20 per infringement, you will receive a legal release from the copyright owner.

    Follow this link or copy and paste into your browser:

    https://secure.digitalrightscorp.com/settle/(edited out)

    Rightscorp, Inc. represents the following ‘copyright owner(s)’ The Royalty Network Inc. (‘RNI’).

    RNI is the exclusive owners of copyrights for (edited out) musical compositions, including the musical compositions listed below. It has come to our attention that Reliablehosting.com – Hosting Services is the service provider for the IP address listed below, from which unauthorized copying and distribution (downloading, uploading, file serving, file ‘swapping’ or other similar activities) of RNI’s exclusive copyrights listed below is taking place.

    This unauthorized copying and/or distribution constitutes copyright infringement under the U.S. Copyright Act. Pursuant to 17 U.S.C. 512(c), this letter serves as actual notice of infringement. We hereby demand you immediately and permanently cease and desist the unauthorized copying and/or distribution (including, but not limited to downloading, uploading, file sharing, file ‘swapping’ or other similar activities) of recordings of (edited out) compositions, including but not limited to those items listed in this correspondence.

    RNI will pursue every available remedy including injunctions and recovery of attorney’s fees, costs and any and all other damages which are incurred by RNI as a result of any action that is commenced against you. Nothing contained or omitted from this letter is, or shall be deemed to be either a full statement of the facts or applicable law, an admission of any fact, or a waiver or limitation of any of RNI’s rights or remedies, all of which are specifically retained and reserved. The information in this notification is accurate.

    We have a good faith belief that use of the material in the manner complained of herein is not authorized by the copyright owner, its agent, or by operation of law. I swear, under penalty of perjury, that I am authorized to act on behalf of the owner of the exclusive rights that have been infringed. While RNI is entitled to monetary damages from the infringing party under 17 U.S.C. Section 504, The RNI believes that it may be expeditious to settle this matter without the need of costly and time-consuming litigation.

    In order to help you avoid further legal action from RNI, we have been authorized to offer a settlement solution that we believe is reasonable for everyone.

    To access this settlement offer, please copy and paste the URL below into a browser and follow the instructions for the settlement offer:

    https://secure.digitalrightscorp.com/settle/(edited out)

    Very truly yours,

    Christopher Sabec

    CEO

    Rightscorp, Inc.
    3100 Donald Douglas Loop, North,
    Santa Monica, CA 90405
    Telephone: (310) 751-7510

    ** For any correspondence regarding this case, please send your emails to DMCA@DigitalRightsCorp.com and refer to Notice ID: (edited out)

    If you need immediate assistance or if you have general questions please call the number listed above.

    Infringement Source: Torrent

    Timestamp: 2015-05-05 16:30:35.0 GMT

    Infringers IP Address: (edited out)

    Infringers Port: (edited out)”

    I only visited the link provided after turning my VPN on. I did not input any information or fill out the form – just viewed the site and closed soon after. I want to be sure to avoid any and all difficulties as a result of this. All content has been removed and the DMCA complaints have been closed with my VPN. I am assuming that I should be able to avoid receiving further correspondence from Rightscorp and that they do not actually have any information on my true IP, name, address, or phone number as the message I received from them was contained within an e-mail from my VPN provider – is this correct?

    Another question of course is should I just be completely ignoring this message or just pay the $20 settlement? I am quite worried about this ordeal, so if it is at all possible to have a thorough read of this as well as thorough response, I would truly appreciate it.

    Thank you in advance.

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