One new Doe made a great suggestion that some of us “seasoned” Does share our Copyright Troll experiences from start to current/finish. This will help the newbies see how the situation unfolded for the rest of us. I will make the first post and welcome all others to tell their story. Be mindful not to give too much away and make it easy for the Troll to identify you. For a majority of you that will not be an issue. For others who have pissed off the Trolls by our actions (like myself), be safe.
My Story
In 2010, I received a package in the mail from my Internet Service Provider (ISP). What is this? Upon opening it, I found a bunch of papers, some appearing to court documents, stating my public IP address downloaded/shared a copyright protected porn movie. The owner of the porn movie is suing a bunch of the people who downloaded/shared the movie in Federal Court (located in another State). I didn’t do this, but as I have others in the residence who use my Internet connection. I go around and check the devices to see if the file in question can be found. I questioned everyone in the residence, but everyone denied doing it. I don’t find the file and as I know I (the registered public IP owner) didn’t do anything wrong, I put it to the side. I thought there is no evidence to support the allegation, so this will go nowhere. Some serious family issues soon arose and I never went further with it.
Sometime later, I got another letter in the mail from a Copyright Troll. This is when I started to get worried. The letter stated in very clear terms that I was a defendant in a Copyright Infringement case (filed in another State) and I had downloaded/shared a porn movie via BitTorrent on a certain date/time. The letter stated that “I” was responsible for this illegal activity and that the copyright owner was prepared to sue me for as much money as they could get ($150K + attorney fees). I freaked! The letter also explained that there was no excuse or defense to these allegations. Bottom line - I was guilty (In their opinion) and if I chose to, they would be kind enough to accept $3K to make the threat of losing everything go away.
I started to search the Internet for any information on this case, and soon found the term “Copyright Trolls.” After that the information started to follow. I found the EFF and contacted one of the attorney on their Copyright Defense page. This attorney explained to me that this was a legal scam to extract as much money from Doe defendants as possible. He also explained the statute of limitation was three-years and since the case was filed in another State, the Troll would have to get someone authorized to practice law in my State to file a case against me here. He said I could get a local attorney to represent me and send the Troll a letter stating 1) I didn’t do it, 2) No evidence on my systems, 3) I will fight you in court if need be, 4) If by some odd chance you win, I will file bankruptcy. If I didn’t want to pay an attorney to do this, I could ignore the Troll and it would likely pass. As I didn’t have the money to spend on an attorney, I opted to ignore the Troll.
I again went around to all the systems in the house and verified that the movie was not on any of them. I also checked on my Wireless Fire Wall/Router and determined that unknown systems/users had been connecting to it. I took screenshots of the connected systems and then blocked them. I keep these records and all the other paperwork on my case in a safe place, in case it is ever needed (Highly doubtful).
Soon after talking to the attorney, I had a voicemail from the Troll agent. Same BS line as the initial letter, “My client is prepared to go forward…… If you want to settle and avoid an expensive trial…. Possible finding of $150K+ against you….. Please call me at …..” I got a couple more voicemails and even another letter. All during this time I’m learning more and more about this racket and what a bunch of sleazy bottom-feeders me and the multitude of Does were having to deal with.
The calls and letters stopped and I never heard from the Troll again. Also during this time I found Fightcopyrighttrolls.com (Hi Jane!). After getting better educated on this situation, I decided to start my own blog and try to help some of the Does.
I kept an eye on my case in PACER and soon found out that the Troll had dismissed it. It stayed open for more than a year. The troll claiming that “The ISPs are slow,” “negotiations were taking a long time,” etc. I would come to find out this was the standard procedure for a Troll. Milk a case for all that it is worth and then shut it down and move to another. GREED! Plain and simple. Recent court filing also confirmed that one of the Trolls has not named/served a single Doe. The other trolls are doing th same thing.
So I haven’t paid a Troll or defense attorney a dime and I’m still around! The worse thing I have lost is some time I spend trying to get the word out. The return I get in good Karma is worth it. I’m still under threat, as the statute of limitation has yet to pass - but it will. As I have pissed off the Trolls and some copyright owners, I don’t think it is a good idea to come out once the three-years has passed. Not the most difficult thing for a Troll to find out a public IP address and add it to a list of “offenders.” Proof or “Stopping Piracy,” has nothing to do with these legal actions. Money drives it all.
15 June 2012 Update - Take a listen to this Doe talk about “his story.” Thank you SJD for finding this.
8 Jan 2013 Update – Since my last update, some Trolls decided to name or name/serve a limited number of Does with a summons/complaint or a deposition subpoena. These cases are usually the result of a previous mass-Doe case that the Troll uses to obtain ISP subscriber information on the Does. The numbers are still very small overall, but you should be aware of this. STILL, we have had ZERO cases judged on their merits in a trial. This new tactic is designed to either get the named Doe to settle or test the water for a possible default judgement motion if the Doe does not respond at all. If this happens, I’m of the opinion to hire an attorney knowledgeable on these cases. The problem the Troll has with this tactic is what to do if a defendant answers a complaint with a denial or denial/counterclaims, the Troll/Plaintiff can’t easily drop the case. The Troll doesn’t want to have the case judged on its merits – there is none. The Troll then has to either wait for the court to dismiss it for some reason or settle with the defendant – paying off the Doe. Even if a court dismisses such a case, the Troll knows the defendant is most likely going to motion the court for an award of reasonable attorney fees and costs.
Well pretty much our story is almost the same…we are a military family who has been targeted byt these trolls Celestial Inc…accused of dowloading one movie…IP address is not ours…recieved the lawsuit papers under our door not hand deliverd. The claim was file in the Nothern District Cour of Florida Panama City district. This is a threat to our military career . We are one of many John Does on the claims..what shall we do??
p.s
we dont recied in Florida
I was just served papers and I think I am going to ignore them. I am not spending a dime for something that I did not do.
If it is from the ISP, then maybe OK. It also depends on who the Plaintiff/Troll is. Some have teeth and some don’t.
DTD
I received papers from my IPS. Riding Films is who is trying to get my information. I have no idea what I am accused of downloading.
If you were served as in being sued, 100% chance the judge will issue a default judgment against you. You must answer the summons. If thou answer with a lawyer or on your own is your choice.
Hi Fred, DTD,
What if a parent answers a complaint denying all allegations (the complete truth), do they have a duty to report a minor child 16+yrs old to the troll or is them saying I do not know enough? I hear people (including a local attorney who is amazing but does not work much in IP Torrent issues) (he is a huge partner at a great firm though) he said since it was a minor child they have nothing to encourage them to pursue us further although he said they would try parental liability but he said he can smoke their case in minutes if that were the case. Any insight you guys have on this given scenario is appreciated, and also my attorney said AZ is much better off and not many trolls active there any input?
This is all in response to CEG Tek sending us scary emails in late 2012 btw.
I believe there is nothing to make you give up the minor child. Note: becareful and don’t make any statements that can be used later to show you are a liar. As this is CEG, I wouldn’t worry about it going anywhere. Just make sure to make anyone else isn’t doing this again. You don’t want Malibu Media as a Plaintiff.
DTD
Hi DTD,
I am actually the “adult” minor child the parent who got the email. I know this activity went on for a while, but stopped around thanksgiving of last year after CEG freaked me out. My parents are calm and honestly don’t care at all saying they are ok with it as long as it stopped nothing can be done for what happened. What do you think the chances are for infringements before November 2012 to come back and bite me at this point? My ISP cox keeps records supposedly for 6 months, so I am hoping I am in the clear.
Thanks so much for your site, it has been calming for me, and I also apologize for asking on and on!
Thx,
If the activity has stopped and the time frame is 6 months +, then you are doing good. As I said, CEG is a joke and I wouldn’t worry. Good to hear the activity has stopped.
DTD
Thx DTD,
I will keep you guys updated, if anything happens, but thankfully nothing will come of it.
Thx for all the advice and insight.
Spend $500 and talk to a copyright attorney.
Hello DieTrollDie,
I have same problem with Malibu Media. I’ve got a letter saying: “Your Internet Service Provider, Comcast Cable, identified you as the subscriber in control of IP Address:…. This IP Address was detected infringing one or more of our client’s copyrights as set ….”
I got a voicemail from probably attorney (who said that I’m downloading movies/games/soft). I said that I have unsecure WF network. He said that agreements with comcast says that everybody needs to protect own network. I said I will not pay anything. I don’t use any torrent client etc. I don’t have any illegal/copyrighted files on my HD. He said that the case will go further. They can come over to check my HD and computer. Please let me know if it’s possible. I didn’t download anything. Because of crisis they found a way to make some $ by harassing people. Is this a Business Model of Copyrights which they using or smth different. Please let me know what should I do now with this. SHould I take this case seriously? THANKS!
Hello and yes please take the case seriously. These are real cases and if you completely ignore it, a default judgement could be entered against you. That of course does NOT mean you have to pay them a dime either. Please read the newbie page a few times to get a good grasp of how these guys operate. Also get a PACER account and monitor your case for activity. If you haven’t already, start a folder where you will write done EVERYTHING concerning this case. Write done the information about the telephone call so you don’t forget the details of it. Also research a bit on the specific Troll to see what he has done in the past. Malibu Media likes to open single Doe cases, but still we have NOT had one of their cases go to a full trial.
As far as the agreement with your ISP on securing your Internet connection – IT DOES NOT MAKE YOU LIABLE FOR SOMEONE ELSE DOWNLOADING/SHARING PLAINTIFF’S MOVIES. There is no agreement between you and Malibu Media to do that. You have no obligation. It is just a scum bag troll trying to scare you into paying.
I would go into your router and now secure it if possible. This shows that are taking a step to prevent it from happening again. I would also copy the router logs that show any unknown systems that have been using your Internet connection.
Make sure you know the Richard Pryor Response for when they call back. If you are ever served with a summons/complaint, do not ignore it. Please hire a lawyer at that time.
DTD
Rob. Don’t say anything to them on the phone. Don’t get into an argument. They’ll trap you if you say something stupid. Just write yourself a script along these lines. Then the next time they call – just read it. Something like this:
Hi, this is Rob.
troll: BLAH BLAH.
No, please listen to me. Are you recording this call? No? OK – I am informing you that I AM recording this call. Do you have a problem with that?
Troll: BLAH BLAH
Please answer yes or no. If you answer no or don’t answer my question I’ll just hang up.
Troll BLAH BLAH *click*
Eventually they’ll either give up or listen. (I’m assuming recording is legal in your state if both parties are informed and consent)
OK – I am recording. the date is “XX/YY”
Regarding your case #######
I didn’t download the movie.
I don’t have it, it’s not on my computer, never has been.
I have spoken to an attorney who will take the case.
I WILL fight you in court.
Until you ACTUALLY name me in a case, please do not call me. At that time I will send you my attorneys contact information. Until then, please send all communication to me, and me alone, via US Mail.
Thank you for your time, that is all.
*click*
Then keep a diary. Every time they call/email/mail you write it down and/or record it. If it comes to a case (which is so ridiculously unlikely) you can show you were reachable, you were polite, and if they did continue to call you they were harassing you.
I was using peer-block, torrent encryption, and vprvpn. My proxy forwarded threatening letters from Ceg Tek to the effect that 2 porn movies from the 80′s that I couldn’t find anywhere else were copyright protected and they threatened to file a law suit. It was an obvious shake down, but I was quite frightened. I went to a law firm and eight hundred dollars later seem to have gotten them off my ass. Pissed off the proxy I was paying did nothing to protect me, the golden frog rolled on me like a lap dog the instant some slime-bag said boo in their direction. Makes me wonder how effective proxy’s really are? I joined EFF and have a lot more sympathy for people in similar situations.
I received a DMCA email from Comcast regarding copyright owned by Manwin Content RK Limited DBA Reality Kings and my IP. Has anyone heard of them? Are they one of these aggressive companies that will pursue this or is there a possibility that it will only be this warning letter?
Been researching this all day. I received a certified letter stating $2600.00 is what they say my I.P. address downloaded of their filth. (NO!!) but I did find out they Manwin content own all the major porn sites. brazzers, youporn,tube 8, and a lot more!!The scam goes like this.You go to view anything ,You could get the letter. Now what bothers me is that they brag about the digital technology that catches downloaders. Why cant they make their stuff NON downloadable . ( Because they make to much money suing hard working Americans !!!!) You don’t even have to prove your age to view!!! Holy Smokes !! We need to sue them for being so accessible to our kids!! P.S. I did not find any porn sites in my history. Bring it Trolls!!!
HIT: did you receive a subpoena or simply a troll letter? If they sent it to you via U.S. Mail, doesn’t it mean your ISP was already subpoena’d? How would Manwin have your mailing address if not?
I also received the exact same DMCA email from my ISP from Manwin. I have NOT received any certified mail or subpoena, which is good so far. Please let me know any info you have regarding this. I am totally freaked out. I called my ISP and they assured me this was not a subpoena. My other question is: if you do get subpoena’d, will the ISP send you an email as well as actual mail? What happens if you change your address and it’s not forwarded? What happens if you simply cancel your service?
HIT: did you receive a subpoena or simply a troll letter? If they sent it to you via U.S. Mail, doesn’t it mean your ISP was already subpoena’d? How would Manwin have your mailing address if not?
I am being targeted by riding films as well. They just sent a dictionary sized settlement offer, that also included reasons why I should pay even if I didn’t do it. They also demand me not to ever speak of the settlement or erase media files from my computer. Honestly, something is wrong with their server files all together, and its easy to see as you look at them..
Please send me a copy if possible. I will redaction it so no personal info is release. Thanks DTD
doerayme2011@hotmail.com
Riding Films is after me also.
what doe the new ruling by judge wright mean? it was a huge blow.i am btw not involved in any of this just interested in reading such issues….
Anyone know of subpoenas or suits from Manwin Content RK Limited DBA Reality Kings?
I received an email from my ISP stating a Notice of Copyright Infringement Claim. Also, since I have received this “warning”, does this mean I will likely get subpoena’d as well? My other multiple posts indicate my level of panic here. DTD- thank you for what you due, you are a brave person…Any insight would be greatly appreciated.
sorry for the multiples. But I just read about Prenda, and wanted to personally thank DTD for not giving in to intimidation yourself, and supporting unalienable rights, like not being extorted. I wanted to share this well written piece from Forbes:
http://www.forbes.com/sites/kellyphillipserb/2013/05/08/sanctions-may-be-least-of-copyright-troll-worries-as-matter-is-referred-to-feds-irs/
I hope this sets precedent.
Thank you and please do not forget that for me to do this, I have to have the support of people like yourself. Thank you.
DTD
Here is a Wiki page on the company. http://en.wikipedia.org/wiki/Manwin Yes, it is Wikipedia, but there are many cited sources for the information.
I haven’t looked into these guys, but you (and others) are welcome to send me copies of what you get, as well as any information you develop.
DTD
When did you first receive the DMCA notice? I only received an email detailing it from my ISP (no subpoena, not yet at least). Is it typical to get a DMCA notice and then get the letters?
I got likely the same email around April 12th… You? I was wondering the same thing you asked- is it likely we will get a letter following the email? But from what I’ve read, the answer is no, or at least there is no correlation between getting a DMCA notice email and getting subpoena’d or a ransom letter. I think it all depends on what the copyright holder wants to do, and that is seemingly random at this point. Keep me posted Brian and I’ll do the same. From what I’ve been reading, there is no reason to do anything unless an actual subpoena shows up
Ballyhoo: mine came a couple weeks ago, noting a purported violation the week before. Took some security measures and haven’t received anything since. It seemed like it was something outside of the six strikes program from what I have read so far. Glad to hear you haven’t heard anything since.
I just received a letter from Paul Lesko’s firm stating their intentions. They, of course, are willing to settle everything for mere $4000. Riiiiight. I can’t decide on wether to ignore him completely or contact an attorney…
Do they mention how many titles? If it is from a single title case then IDK if they will follow up, if it is 3-4 or dozen titles it is lawyer time with Malibu Media especially.
It is for a single title. The funny thing is in their last letter they state I should not erase my laptop, OR ELSE. It’s funny because my laptop has been re-imaged at least 3 times before they ever contacted me. I can’t possibly see how they can prove anything.
The goal is not to have to prove anything. Getting as many settlements as possible is the goal.
DTD
It is for a single title. The funny thing is in their last letter they state I should not erase my laptop, OR ELSE. It’s funny because my laptop has been re-imaged at least 3 times before they ever contacted me. I can’t possibly see how they can prove anything.
Hi DTD,
I received an email from my ISP a few weeks ago to Ira (Ceg-tek) about a downloaded film and it was the typical “$200 or else” letter.. I have been freaking out like crazy reading online about whether or not to respond to it or not.
Unfortunately for me, i was stupid enough to click on the link and log-in to the website (copyrightsettlements.com) HOWEVER, i did it from my work computer.
I havent had a chance to read all the comments yet but what would you honestly suggest I do? Paying the $200 is not a problem, i just want to be rid of any trouble as i do not want my parents to worry or have to handle the hassle.
Thanks
Unless Ira and the Plaintiff is going to file a law suit and seek a subpoena for your ISP subscriber information, they will not know who you are (Unless you tell them). First thing to do is make sure your WiFi is secure and make sure this doesn’t happen again. If someone is doing this, get them to stop it now. IRA/CEG is a joke as far as a threat of a law suit. Malibu Media on the other hand is not. I personally wouldn’t pay them as I think what they did (and continue to do) is a type of extortion. Saying that, YOU have to decide what works best for you. If $200 is a cheap “lesson-learned” and removes your parents from any hassle/stress…..
DTD
CEG is well known for scumbag behavior with their settlement website. I have read many stories of people who paid one settlement which immediately triggered more emails demanding additional settlements for many – 3, 10, 30 – more downloads.
I have also read stories of people who filled out their contact information on the settlement website – giving the trolls on a silver platter exactly what they otherwise go to court for – and then had the $200 per download transaction “fal” to later receive letters from Siegel’s lawyers demanding several thousand dollars per download.
If you know who has been using your internet connection, and that they actually did download the movie you are accused of, and that they haven’t downloaded anything else, settling on their website for $200 will almost certainly be the end of it. If not, the only safe way to settle is through an attorney.
That said, CEG had all of their discovery cases severed for abuse of joinder last year and have not been back to court since. They send at least hundreds, probably over a thousand of these scare emails every day, most of which aren’t even read let alone paid. One scumbag lawyer with two or three scumbag local counsels can’t possibly keep up with that many cases even if they do go back to court.
In short, not doing anything will almost certainly be the end of it, too.
Ive read those same stories as well. Which is why i am hesitant to pay the $200. I have only found ONE case of cegtek actually filing for a subpoena on someone but could never found any confirmation of what happened to said person..
My date is coming up soon and I am most likely not going to pay as i do not want them to have my information and have them sending me more bogus letters.
CEG has pursued (including naming) more than one individual from their mass Doe discovery cases. Besides the obviously named Satyapal and Hennigan cases, they’ve also amended and followed through with at least three (and probably a few more) complaints which are still listed in the docket as the original Pornographer v. Does. See eg. the MD cases Metro Media 8:12-00347, Third Degree 8:12-00349, Patrick Collins 8:12-01294.
But they didn’t amend and follow through beyond collections threats (yet, they have a year or more left) on the other hundreds (or low thousands) of identities they received who didn’t all settle. So my speculation is that those few made themselves targets, like admitting guilt when CEG called to bully them.
Keep in mind that that settlement deadline they put in the email has no legal weight. It only exists to make you feel pressured to act in a hurry without researching what you’re up against and considering your options. They are free to go to court looking for a subpoena on you before it’s up. They will probably be happy to take your money if you “just saw the email now” even after it’s expired.
So I got an email from my ISP this morning that had a forwarded message from CEG TEK representative Ira M. Siegel. In panic mode I entered the provided info into the website they linked to see what they were charging me with. I have been reading all day about this. Everyone says CEG isn’t actually suing people, that they are just fishing. Should I be even more panicked because I entered that login info? Is entering said login info an admission of guilt? I am freaking out. Please help me.
No. The fact that you went to the site means nothing. Many people access their site because they don’t know what is going on and are trusting. Now depending on what system/IP address you accessed it from, they may see the IP address. Until they file a case and get a judge to approve a subpoena, the ISP should not release your personal information. All they can possibly see is that an IP address accessed the site and entered the case code. They at best then know that the ISP subscriber got their email and read the garbage on their site.
DTD
I did not access it from my home ip address, so there is that, I guess. I was reading my ISP’s privacy policy that they CAN (not will) release my info to a subpoena without telling me. Is that standard practice? Or just them covering their asses in case they “forget” to let me know?
Most ISPs (and other companies) will give you notice if they have to release your personal information. There can be times where a court could direct a company not to release this fact, but it is not normal to these types of cases. It may be just their CYA actions.
DTD
Thank you for your help. I did find a local lawyer on EFF that I will be calling if I need MTQ.
Hello,
I am being sued by Voltage Pictures LLC, the troll representing voltage is Richard Symmes out of seattle. Case number c13-0459tsz-rsl. I Was currently preparing a motion to quash but it appears the judge has already quashed all subpoenas. I would appreciate a second set of eyes on this to make sure im reading this correctly. Here is the link.
https://ecf.wawd.uscourts.gov/doc1/19715253988
If that is in fact what i think it is there should be no reason for me to send out a motion to quash??
Thank you
Nevermind, just looked at DTD’s Home page and saw that all subpoena’s were quashed. Thank you DTD for all the valuable information you’ve put here in an organized manner for the rest of us to utilize!
On the letter that comcast provided, it showed that the date that “they caught people using BT” was mostly in November 2012. Since comcast only keeps their logs for 6 months, can they even get the case going anymore as it’s past 6 months, and comcast specifically stated that they cannot provide anything prior to that time period. My case number is 1:13-cv-00786. Virtually half of the Does on that list are dated before November 17, while some are listed in December, and January 2013.
If the ISP has sent you a letter, that means they have already correlated the public IP address on the Troll’s list to you as the ISP subscriber. They will know hold onto that information past the 6 month period now – my opinion/legal CYA for the ISP. You need to look at the case documents (Here is the archive – http://ia601501.us.archive.org/19/items/gov.uscourts.ilnd.279561/gov.uscourts.ilnd.279561.docket.html) to see when the order was/will be granted. To access the full current docket, you will need a PACER account.
DTD
according to that archive, it seems like whoever filed the MTQ has been voluntarily dismissed from the case. SInce it is too late to file a MTQ now, I guess my best option is to wait for the threatening letter.
It looks like the full release of subscriber information was pushed back (See docket entry below). I’m not sure if this goes for all the Does or just the ones who filed the motion. You could call Erin Russel and ask for a consult. That or call the clerk of the court, tell them you are a Doe and want to know if you can still file a motion. Doesn’t hurt to ask.
DTD
MINUTE entry before Honorable John W. Darrah: Ruling on motion hearing held. Defendant Doe 10′s motion to withdraw as attorney is granted [42]. Defendants motions to quash and dismiss [[20], [23], [24], [29], [33], [36]] are entered and briefed as follows: response by 5/17/13, reply by 6/7/13. Status hearing set for 5/9/13 is re-set to 8/15/13 at 9:30 a.m. No appearance is needed on 4/30/13 or 5/2/13. Any outstanding defendants who file their motions to quash on 5/3/13, will adhere to the same briefing schedule. Mailed notice (ao,)
I am one of the DOE’s in one of symmes 48 cases that just had subpoena’s quashed. Wondering what is likely to happen at this point. Theres over 2300 does, 350 bucks per case if filed seperately is over 800,000 in filing costs. Is it likely he will just drop the cases, or can we expect to be filed against individually.
Thanks
It is over, unless you are unlucky enough to have been listed as Doe #1. Those 48 Does will still have their information turned over and receive the collections agency threat treatment, but likely without much if any legal followup.
The single title shakedown model does not scare up enough money to cover the costs of filing (let alone litigating) individual cases.
If Zembezia wants to lose money making a point and directs Symmes to actually litigate, the 48 Doe #1s are already more cases than one troll can keep up with. Forget about filing any more.
awesome, exactly what i was hoping to hear. Thank you for your response.
I also received a letter from my ISP provider (Comcast) last week stating that my IP address was used in downloading/uploading a copyright materials/movies of Malibu media llc (22 instances) in six months. ISP provider is saying that they will provide my name, address, and other information as directed in the order and Subpoena unless me or my attorney file a protective motion to quash or vacate the subpoena in the court where the subpoena was issued no later than June 5, 2013
First of all I am not aware of any such download activity that is mentioned in the letter, and also these days every one has wireless routers with minimal security and any one can go in to your network and download what they want. This is similar to going to McDonald and use their wireless router to download anything you want. Last month I changed my old unsecure six year old Motorola router with a new secure Netgear router. Still have a receipt of the new one.
I only have one desk top and a PC at home which are completely clean.
I don’t know what to do. I am family person with 3 young kids. This is total harassment!! Please advice ..
I received a similar letter for a new case that I have not seen any other Does say about yet – 1:13-cv-02501 (Purzel v Does 1-84, attorney is Lesko) This was the letter from Comcast saying that on x date they will be releasing names if further requested. It kind of bugs me that as of last year, Comcast was giving a solid F.U. to these actions, read that either on here or FCT.com, but that may have been for a single case and not a general policy. Anyway that letter along with the complaint/case/subpoena came via UPS in a battered brown envelope(Stay classy, guys!), followed a few days later by another copy of the exact same documents via USPS. Googled the case number and found a different copy of the document, looks like the actual filed complaint, and this contained the filename in question, along with all of the technical speak about bittorrent and the full joinder
I am following the same precautions as most- monitoring court records, reg’d for a PACER account, checked my computer for filenames and also for files modified/created on the date in question and there is nothing unusual. I am an adult who will not be embarrassed into rolling over because of a porn title and the possibility of tying my name to it, and honestly, I have nothing to lose in a judgement if it gets to that point.. All in all a pretty poor choice of a target
This weekend I may try to find a similar MTQ to use as a guide, read up on the local rules in the court, and see if it is possible to file that while retaining Doe status. Otherwise it’s just keeping an eye on what’s happening
We got an email Sat from Charter basically saying the same thing, this was originating from CEG TEK for Reality Kings. There are absolutely no files on our systems, I didn’t have logging turned on on the router so I have no evidence to share there, the email was from Ira Seagal, is this one of the lawyers that actually presses these claims? They offered that bullshit 200 settlement.
DW-
Did you receive any DMCA notices prior to getting the attorney email?
It was from the ISP on behalf of the CEG-TEK.
I think what Brian is wondering is: Was this your first email from your ISP about this? Or did you receive any warning emails from your ISP prior to this ‘ransom note’?
Haven’t received anything prior to these two emails.
I got a letter from Malibu Media. They have 8 files… should i bury my head, contact the troll, or get an attorney? I dont really know what to do. i got a pacer account and am waiting for something to show up.
Hey DTD,
In short, I received a letter from my ISP stating the “plaintiff” as Georgia Film Fund Four, LLC and states it is going after 1-47 Does. The orders are that I must respond to the request for subpoena of my info to the ISP. Which of course I’m going to deny. I dunno who these people think they are but they have no right to my personal info. ETC.
Funny think is the copyrighted work is “unspecified” I mean, how is one to even find out what they are talking about?! I know for a fact there hasn’t been any copyright infringement on my part.
The attorney’s name who is requesting the subpoena is Alan Kan, Kan & Clark LLP
I’m going to deny the ISP to give them my info, any other suggestions.
If only it were so easy.
You aren’t going to deny the ISP anything. The subpoena is a court order directed to your ISP. They follow court orders or they go to jail for contempt. Your ISP isn’t going to do that for you.
You don’t respond to the ISP at all, you respond to the court and try to convince them to rescind (“quash”) that discovery order before it takes effect.
I didn’t mean to make it sound like I thought that was the end.
it’s just the start. Why does the ISP ask for permission to release the info, I’m curious. All in all, any help is appreciated. I’ll update as I have more info.
Please scan and email me the docs if you would. Thanks. I will not release any personal information. If you allow me to use/post, I will make sure any personal information is redacted. Here is what RFCExpress shows as far as cases in GA and MO (Screenshot). 3-4 Apr & 30 Apr. Alan Ken is starting to get busy. Please see my very recent post where all Does except #1 were severed for improper joinder. Different plaintiff, but I bet it is the same boil-plate copyright troll cases. If these get assigned to the same judge, it is bad news for him and Plaintiff. Have you gotten a PACER account yet and accessed the documents? That is what I would first suggest. **** When accessing PACER, please use the Firefox OR Chrome Web browser and have the RECAP plugin installed. **** By doing this, make it easier for others to obtain copies of the court document and not have to pay for them. For me and others who do a bunch of research and analysis on these cases, it saves us lots of money! At .10 a page, it adds up. If you cannot use RECAP, please save the documents and email them to me. These documents will give you the movie, IP addresses, etc., that make up the cases. The ISP paperwork should have the case # on it.
DTD
Firefox Web Browser
Chrome
RECAP
PACER
Wow! All the responses, thank you. I will send those docs to you. I’m still trying to digest everything you wrote. Thanks so much!
Here is the RECAP page/Docket for case 1:13-cv-01076 (Georgia Film Fund Four, LLC v. Does 1-61). http://ia601703.us.archive.org/24/items/gov.uscourts.gand.193105/gov.uscourts.gand.193105.docket.html
The links are to the documents that someone else has paid for and are now available to us for free. Here is the declaration for Mr. Griffin – http://ia601703.us.archive.org/24/items/gov.uscourts.gand.193105/gov.uscourts.gand.193105.1.3.pdf The movie for this case is “Fire With Fire.” Funny, but the Doc #3 is blank?????
I would assume the other cases are for the same movie, just split up into smaller chunks to try and avoid some scrutiny from the courts. Splitting the case up is just more gamesmanship – many cases are assigned to judges randomly. This makes it less likely that one judge can kill the entire mass case in one order. Note: If brought to the attention of the court, judges do not like this.
Here is the IP address list – http://ia601703.us.archive.org/24/items/gov.uscourts.gand.193105/gov.uscourts.gand.193105.1.1.pdf
DTD
OK, I had to go look. Here is Doc #4, granting Plaintiff the right to subpoena the ISP subscriber data for the public IP address. It should also be up on RECAP; Cost me .50. Buy me a cup of coffee once this crap is over
http://dietrolldie.files.wordpress.com/2013/05/doc_4_isp-subp_01076ga.pdf
Take a look at it. Even though the court granted it (5 Apr 13), it looks like the judge is trying to consolidate and manage all the expected motions.
Troll can get – name, address, MAC address, and email address of the ISP subscriber.
Does have 60 days from date of service (notice from the ISP) to file any motions.
The ISP is allowed to release the contact information on any Doe who is not filing a motion.
The judge hints that the ISP can also file a motion to quash.
The ISP has ten days after the 60 days to provide the contact information on the Does not filing a motion.
All motions should be filed by 3 Sep 13.
The court will not rule on any motion until after 3 Sep 13.
Does who file a motion will be able to reply to Plaintiff’s response NLT 8 Oct 13.
DTD
When you say MAC address, is that of a single computer that is the alleged violator, or more likely of the modem/router that is connected and assigned the public IP address?
Modem. Most ISPs do MAC filtering to only allow the subscriber to access the Internet. The MACs for the other internal devices are never seen by the ISP. This means the ISP and the Troll/Plaintiff never know if an ISP subscriber has one computer or 20.
DTD
your isp isn’t asking for your permission to release your information – they are just letting you know your information was subpoenaed and advising you that you can let them know if you are going to file a MTQ (which will let them hold your information until they hear back from the court).
you do respond to your provider IF you are going to file a MTQ. (when the trolls say in articles, etc. that they have “won” almost all of their cases they are referring to these subpoenas – which is just one more sneaky thing they are doing by trying to make the general public think they are winning actual trials). Any action you take, you take directly with the courts as Andrew T said above.
(i called my ISP when i got my letter just to ask a few questions and they were extremely UNhelpful and the woman who signed my letter actually denied even sending the letter which was crazy because i had it right in my hand. she said it must have been someone else (who was not at work that day) who signed her name.)
good luck. it’s stressful but if you’re innocent then it’s worth fighting. (i was actually named and served, hired an attorney and before we filed an answer they voluntarily dismissed).
Number 8,
how did you get your case to be voluntary dismissed?
My attorney is a rock star.
i can only guess (based off of what seems to happen across the board) that showing any sign of being willing to fight back causes the trolls to rethink and retreat.
Number 8,
What state does he practice in, in case I need him, hopefully I never will.
thanks