“I Like Cake” or “Copyright Trolls Can’t Cook” ;)

Been a busy time around here.  Sorry if I haven’t been able to get back to everyone on a timely basis.  I appreciate all the information and documents you forward to me.  I will say I have a small DTD special Ops mission ongoing right now.  It should at least develop some good intelligence and/or an attack.  we will see.  Til then, I decided to revisit an old post and thought it would be a good candidate for a re-hash.  As the title states, “I Like Cake,” (I also like pie – but that is another subject).  Thanks to Sophisticated Jane Doe for posting the following video (see below) awhile ago – great information.

As far a cake goes, the Copyright Trolls also love it.  The problem for the Trolls is that for 99.9999% of them, “they can’t cook.”  So what do the Trolls do?  They howl, bash the ground, and threatened to hurt you until you give them cake.  OK, what am I talking about?  The “cake” is the investigation to prove a Doe downloaded/shared the movie in question.

I my previous life, I used to run various investigations.  Essentially trying to prove or disprove an allegation and documenting the Who, What, Where, When, How, and Why of a situation/incident.  A challenging and often times very enjoyable occupation.  Early along in my investigative adventure, I had a seasoned old mentor who likened running an investigation to making a cake.

Running an Investigation (Making a Cake)

To make a cake, a cook needs various ingredients and equipment, as well as the ability to do various steps at the proper time.  Measuring ingredients, Mixing the wet ones into the dry ones, properly cooking the cake, cooling, etc.  The same is true when running an investigation – Taking a complaint/allegation of wrongdoing, suspect development, evidence collection, witness interviews, records searches, etc.

Usually one of the last steps in an investigation is the interview of the suspect.  The reason you generally do this at the end, is all your previous steps will verify (or disprove) that you have the right person.  Mistakes and false allegation do occur and a good investigator checks himself to ensure he doesn’t have “tunnel-vision” as to the guilt of a suspect.  This is akin to the scientific process, where you go into a hypothesis with your eyes open and let the evidence speak (not your gut feeling) for itself.  Gut feelings can be good, but it is best to let the evidence speak for itself.

If you (as an investigator) get the suspect to admit to the crime, “that is the icing on the cake.”  Point being that if your cake was already good; the confession is the sweet topping that ONLY adds to it.  If a person refused to talk, the cake was still good and a prosecutor could still use it. I like my cake with icing, but I will still eat it plain.   My point to the “Cake” story is the Trolls do not have even a basic simple cake (Investigation) built for any of their cases.

Troll Evidence

What the Trolls have for evidence is ONLY the public IP address that allegedly shared/downloaded copyright protected material on a set date/time.  As far as the cake building goes, the public IP address is akin to having a bag of flour – No Cake. The Trolls know that having the public IP address will not make a substantial case (cake) on its own.  As the Troll business model has NOTHING to do with running a full investigation (costs way too much), they need to induce fear and uncertainty to get you to give in.  How many Does have been lied to by a Troll agent, “You have been named in a Federal law suit and we are moving forward.”  Total BS – they only have you name (& other personal info), public IP address, and a date/time of alleged infringement. 

So instead of gathering additional evidence to prove their case, the Troll sends out settlement letters/emails/telephone calls to the registered public IP owner. This is where the message in the following video is key“Don’t talk to the Trolls; It will do you NO good.Right now the Trolls have nothing; If you talk to them, they may obtain something to help their caseNote: I will clarify that when I say “talk” to them, I mean actually discussing your situation and trying to persuade them you are not at fault – It is a pointless endeavor.  I think it totally acceptable to give them the Richard Pryor Response (RPR). 

As stated in this forum, if you are formally named in a legal matter, do not ignore the Trolls. If you ignore them at that point, the Trolls may obtain a default judgment against you. Make them “prove” their allegations and show you their “Cake.” I bet it tastes like “crap!” 

Why else are the trolls so afraid to actually name and serve a Doe with a summons?  Unless they are able to develop some other evidence, their case is weak.  They know this and it is why they have been trying to get the courts to authorize limited depositions of Does (Still unnamed/served).  By deposing you, they hope to gather additional evidence to support their case against you.  The courts have been mixed in granting these limited depositions.     

“Don’t Talk to Police” (applies equally to talking to the Trolls) – Sorry if it is a bit long – great information.

http://www.youtube.com/watch?feature=player_embedded&v=6wXkI4t7nuc

DieTrollDoe 🙂

“Some ships are designed to sink… other require our attention.”

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
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4 Responses to “I Like Cake” or “Copyright Trolls Can’t Cook” ;)

  1. Raul says:

    Very thoughtful and informative post that I had earlier missed. The points you make about the lack of direct evidence are discussed at some length in the last section (starting at page 10) of a recently filed, well researched defendant’s Memorandum of Law in Support of Motion to Sever/Quash which can be found here http://ia601200.us.archive.org/33/items/gov.uscourts.paed.454219/gov.uscourts.paed.454219.6.1.pdf Today must be Pennsylvania Day for the Does.

  2. Raul says:

    I thought so and recommended it to a Michigan newbie over at SJD’s site to give to her attorney who is preparing a MTQ on her/his behalf.

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