Response to a John Doe Question – Case #2:11-cv-03621-CCC-JAD

I was asked to look a case highlighted by SJD in her Blog (Fight Copyright Trolls – http://fightcopyrighttrolls.com/) – case #2:11-cv-03621-CCC -JAD – http://fightcopyrighttrolls.com/2011/09/04/an-overlooked-troll-lawsuit-%e2%80%9cbaseprotect-ug-ltd-v-john-does-1-x%e2%80%9d/#comment-480

Your situation is not bad, but you are still the subject of a Federal civil court case.  What the Copyright Troll plans to do is try and obtain your name, address, telephone number, etc., from XXXXXXXXXXX (your Internet Service Provider (ISP)).  After they obtain your information, you can expect the following:

You will receive a letter from:
THE McDANIEL LAW FIRM, PC
54 Main Street
Hackensack, New Jersey 0760 1

The letter will say something to the affect that your IP address was observed downloading/sharing a copyright protected movie.  They will claim you had knowledge that the offense occurred or that if you didn’t your were negligent and still liable for the infringement.  They will offer you the chance to settle with them for a couple thousand dollars (I would assume $2-3 thousand).  If you choose to settle, they will remove your from the court case and keep you name out of the public.  They will point out that if you fight them in court, it is likely to cost you far more money that what they want.  They will give a telephone number to call and discuss the matter.

If you call them (I highly discourage this), they will try to get as much information from you on your particular situation.  They will try to get you to admit that you or your family or friends did this and are liable.  ANYTHING you say to them will used against you OR they will use it to prepare counter arguments.  The Copyright Trolls only want you to settle and pay them money.  This is a money making scam they are part of – And they are abusing the courts to do this.  How much money – if you figure $2,000 for all the John Does in this case, they could make up to $2,898,000.00 (1449 John Does X $2000).

If you do not contact them, you will start to receive telephone calls and email messages from them.  Each one will be more and more forceful with the threat of being named in a Federal law suit and having to pay thousands of dollars to defend yourself.  My recommendations are to ignore the calls and emails.  If you talk to them, tell them to stop calling and you plan to hire a lawyer to fight this.
———————-

Here are some facts for you.

1.  Copyright infringement is a Federal crime 17 U.S.C. § 101 et seq.  It has a statue of limitation of 3 years.  So 3 years from Date/Month 2011 (Date/Month 2014) will be when they cannot go after you for this alleged crime.
2.  This case was filed in New Jersey.  You live in XXXXXXXXXXXX, XX (different State)?  Right?  Am I close?  (GEO-IP look-up is easy).  The point I’m making is the Federal Court in NJ has NO jurisdiction over you.  The Troll knows this and don’t care – they will still say “PAY UP NOW!”  If they ever named you personally in the NJ court, you would make a motion to dismiss because of improper jurisdiction – case dismissed.  Please note that the Troll still can file a case against you in the court that covers your location (i’m not sure which one in XX).  They are unlikely to do this because it costs them money to file a new case, and they have to find an XX lawyer to take handle it for them.  The more they have to do, the less money they make.

3.  The case this Troll filed is basically copied from earlier Copyright Troll law suits that have been failing in Washington DC, Northern District of IL, and the the Northern District of CA.  The problem they have is there are so many John Does in each case, the Trolls can not show they ALL acted in concert together – thus they are improperly joined.  It is NOT the nature of BitTorrent to have that many downloaders and seeders at one time.  Also some judges are seeing this activity for what it is – a “fishing expedition” to get subscriber information from the ISPs.  None of the multiple Trolls out there have gone ahead and taken anyone to court who fights.  There have been a couple “default” judgments against people who ignore an official court summons.  The Trolls don’t want to fight – if they lose, that sets the stage for more court battles and less settlements paid to them.

4.  File a Motion to Quash & a Motion to Dismiss with the NJ court.  There are examples on my Blog and others.  File it anonymously and bring up the following points
 – Improper joinder of all the Does due to multiple jurisdiction not covered by the NJ court
 – Improper joinder of all the Does due to NO information showing that ALL the Does acted in concert – the list of IP addresses they have doesn’t show who acted together and the nature of BitTorrant does support their claim of that many Does.
– Failure to conduct enough of an investigation to show who actually did this – The IP address alone does not equal guilt.  It could have been a system that was compromised by malware  (infected) or hacked;  an “Open” Wifi or a poorly secured Internet Access Point (IAP); a neighbor using a persons Wifi without permission; or a guest using the IAP and conducting illegal activity without the owners knowledge.
5.  To file the Motions (and the certificate of service), you need to send copies to the following address:
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
I’m not sure which court to mail it (Trenton, Newark, or Camden)
Here is Trenton
Clarkson S. Fisher Building
& U.S. Courthouse
402 East State Street Room 2020
Trenton, NJ 08608
THE MCDANIEL LAW FIRM, PC
54 Main Street
Hackensack, New Jersey 07601

6.  You then need to fax a copy of the Motions to your ISP, so they will not give out your personal information until a judge rules on your motion.

The judge may decide to ignore or disregard your motion, but at least you have tried.  More and more judges are seeing these cases for what they are worth and they understand that if a Troll sees their jurisdiction as friendly, they will file more cases with them.  At least your motion will inform the judge of what is going on and it will also tie up the Troll in responding to it – costs them time and money.
I know it may seem daunting, but don’t give up!
DieTrollDie  🙂

About DieTrollDie

I'm one of the many 'John Does' (200,000+ & growing in the US) who Copyright Trolls have threatened with a civil law suit unless they are paid off. What is a Copyright Troll? Check out the Electronic Frontier Foundation link - http://www.eff.org/issues/copyright-trolls
This entry was posted in 2:11-cv-03621-CCC -JAD, bitTorrent, copyright, infringement, open wifi, p2p, piracy. Bookmark the permalink.

One Response to Response to a John Doe Question – Case #2:11-cv-03621-CCC-JAD

  1. Lukas says:

    Hi,
    I have a Polish friend who just received this suit notice from Comcast. I would like to help him file the Motions to Quash and Dismiss anonymously so that he doesn’t feed the troll $$$ but at the same time doesn’t waste money on a local lawyer (IL) to do it for him. Can you help me with this issue?

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