I have been a bit busy of late and of course there are many topics I want to write about but don’t seem to have the time. :( One thing I want to remind those of you who are following these issues is I also make posts via twitter (@dietrolldie – https://twitter.com/DieTrollDie). I will often post links to files or items of interest when I can’t write a proper article.
For this 2014 Thanksgiving post, I want to highlight some new BitTorrent (BT) Copyright Troll Plaintiffs. Well, at least the names of the Plaintiffs are new. The people running and supporting the litigation efforts have been seen before. The new Plaintiffs are POPLAR OAKS, INC., and GOOD MAN PRODUCTIONS, INC. On 25-26 Nov 2014, the following 16 cases were filed in the Western District of Michigan and Colorado.
- Good Man Productions, Inc., 1:14-cv-01213 and 1:14-cv-01215, 25 Nov 14, MIWD
- Poplar Oaks, Inc., 1:14-cv-01214, 25 Nov 14, MIWD
- Good Man Productions, Inc. 1:14-cv-03211, 1:14-cv-03212, 1:14-cv-03213, 1:14-cv-03214, 1:14-cv-03217, 1:14-cv-03218, 1:14-cv-03219, 1:14-cv-03220, 1:14-cv-03222, 1:14-cv-03223, 1:14-cv-03224, 26 Nov 14, CO
- Poplar Oaks, Inc., 1:14-cv-03215 and 1:14-cv-03216, 26 Nov 14, CO
Complaint_01213(MI) Complaint_EX_A_01213(MI) Complaint_EX_B_01213(MI) Decl+P_Paige_01213(MI) Decl+D_Susac_01213(MI) MFR_support_ED__01213(MI) Complaint_01214(MI) Complaint_EX_A_01214(MI) Complaint_EX_B_01214(MI)
The movies are “A Good Man” (Steven Seagal action movie) and “Puncture Wounds” (Chung Le action movie). The movies appear to be mediocre action films. The address for both of these Plaintiffs is 100 Universal City Plz, #5183, Universal City, CA 91608. Which is the same address that is found on the copyright registrations. The name on the copyright registration is Bryan Sexton. The address and telephone number come back to a Nick Reed.
I took a look at the complaint for the two different Plaintiffs and they appear to be the same template based complaint we have gotten to know from the Trolls in general. The Troll attorneys for these cases are none other than Paul J. Nicoletti and Jason Kotzker. What is a change is both of these Trolls have previously working for Troll Lipscomb/Malibu Media/X-Art.
Some of the other Troll supporters are present in these cases. Most notably is the forensic consultant Patrick Paige, who claims his reputation is his greatest asset.
Too bad he forgets to tell the courts that he was arrested for illegal possession of a controlled substance on 8 Mar 2011. Funny, Troll Lipscomb forgot to tell the PA court (Judge Bayless) about this arrest when the PA Bellwether trial was going. Some may say, “Well it was only drugs.” It wasn’t just drugs – it also was that Mr. Paige used “official” Palm Beach Sheriff’s Office resources (covered P.O. Box and fictitious name they use is investigations) to have the drugs shipped to. This directly calls into question his ethics (lack of them) as well as his trustworthiness. NOTE: Here is an interesting change from Mr. Paiges previous declarations (my emphasis) –
From my experience, Plaintiff is likely to identify the infringer. Indeed, I can recall only one instance in all the times that we executed a search warrant and seized computers where we did not find the alleged illegal activity at the dwelling identified in the search warrant.
Another recent addition to the German behind the scene team is Daniel Susac. Mr. Susac works for the German firm “Excipio GmbH” and monitors BT for instances of copyright protected work of their customers. They record the public IP address, date/time of the “hit,” as well as additional details on the BT client sharing the work(s), to include other non-Plaintiff owned media files.
The cases themselves are nothing really new. What is different is that these non-porn Plaintiffs (to Include Voltage Pictures) may be moving away from the traditional mass-Doe BT copyright troll cases and going after the single Does. Now based on the recent declaration of Mr. Delvan Neville, they may foresee the inevitable is on the horizon. Note: As the Two local Trolls in these cases are Nicoletti and Kotzker (both work Malibu Media cases), I’m interested to see if this new activity is associated with Troll Lipscomb…
So who makes a good single Doe target for the BT Copyright Trolls?
My guess is that for the Trolls, the best targets are those people who –
- Reside in a jurisdiction they file in (MI, CO, IL, OH, etc. – many more)
- Don’t use any proxy service to hide their true IP address
- Share a large amount of files via BT
- Keep their BT client running for long periods of time – allowing multiple “hits” by the Trolls
I call this target profile the “Malibu Media” profile. Troll Lipscomb and Malibu Media came to their decision some time ago when they determined it wasn’t worth it to fight the various motions to dismiss/quash/sever. Going the single Doe route using this profile effectively removes these motions and increases the chances of settlement – again this is the goal/not a trial. It is not perfect, but it likely reduces the number of Does who might fight back. Further filtering (geo-location) of the target IP addresses to areas with a good median income will also reduce the chances of targeting people with no assets.
More to come in future article and Tweets. A very happy Thanksgiving to all.
One last thing – Paul Duffy, I’m not part of an “Internet Hate Group.” I just can’t stand douche-bags like you, Paul/Peter Hansmeier, John Steele, and Mark Lutz (YES, that is my opinion). Pay up and fade away. ;)
DieTrollDie :) “You sum bitch. You did that on purpose. You’re going away ’till you’re gray. I got the evidence.” [Smokey and the Bandit – Buford T. Justice]