“Richard Pryor Response” Letter for The Trolls

A Doe recently told me he got a voicemail from a Troll agent stating he was being sued and  he should call to discuss settlement options.

The Doe decided to call the Troll agent and make it clear of what he thought of their allegation.  He then left the following message to the Troll agent. 

I received a call from someone at this number this afternoon in regards to a civil case filed against me.  I know the nature of the case and what is alleged, and in that light, I ask that any future correspondence with me be done via mail through the US Post Office or similar means.  Telephone conversations devolve into “he said, she said” arguments and e-mails can be edited or faked, therefore any communications between us are more appropriately handled through a paper medium to provide verifiable records for both parties.  E-mails will be disregarded.

Knowing that there are allegations against me of copyright infringement, I request that you, your client, or whoever is in custody of the evidence claimed to incriminate me, submit all the information you may have concerning me, including but not limited to torrent hash tags, dates of alleged infringements, the titles of the works I am alleged to have downloaded, and in particular any data that specifically identifies my computer—not my IP address, but the computer proper—as having participated in any alleged downloads.

In closing, I must remind you that since you have successfully contacted me, you are prohibited from contacting any unaffiliated parties in regards to this matter, to include but not be limited to family, friends, and employers.  To do so would constitute harassment and would violate the terms of the court order providing for limited use of the defendants’ personal information. 

Thank you for your time.

After reading what he told the troll agent, I decided to draft up a Richard Pryor Response letter template. 

Please note that contacting a Copyright Troll is serious and you need to be careful not to say anything (even in jest) that could be misconstrued by them.  

Saying that, here is a template to send a written reply to the Troll.  Only use this template after the Troll has your personal information and you are getting the telephone calls, letters, or emails from them.  Make sure you edit it to your situation, sign and date it, and make a copy for your records.  I would send the letter to the Copyright Troll by US Postal Service and at least get delivery confirmation (Certified mail is also an option). 

—————————-Cut/Paste———————————————

(Troll Firm Name and Address)

On (date), I received a call/voicemail/email/letter from XXXXXXXXXXXX (Name if you have it) in regards to case# XXXXXXXXXXXXXXXX, case title, alleging my public IP address has been recorded taking part in copyright infringement activities on (date).  In light of this allegation, please advise your client the following:

1.   I did not download/share the copyright protected movie(s) in question. 

2.   I do not know who may have downloaded/shared the copyright protected movie(s) in question. 

3.   The copyright protected movie(s) in question are not on my computer. 

4.   As I do not have a contract or other agreement (Duty) to your client (or society in general regarding Internet security).  I’m in no way negligently responsible for any alleged copyright infringement that may have occurred over the public IP address assigned to me by the Internet Service Provider (ISP).

5.   Due to the various computer/network vulnerabilities that are constantly being discovered and exploited, it is also possible my computer and/or Internet connection was used without my knowledge or authorization.  Note: Please see the following US Computer Emergency Response Team (US-CERT) Vulnerability Note VU#723755 (http://www.kb.cert.org/vuls/id/723755), detailing a vulnerability in the WiFi Protected Set-up (WPS) on many Internet access point devices.

6.   As I have never received any Digital Millennium Copyright Act (DMCA) take-down notices for the alleged illegal download/sharing of the copyright protected movie(s) in question, I seriously question the sincerity of this legal action.  If your client is truly serious about protecting their intellectual property, using this simple and cost-effective measure can help prevent future copyright infringement activity.  If I had received a DMCA take-down notice through my ISP immediately following your firm recording my public IP address, I would have been able to check my Internet connection for records of rogue systems that may have used it without my authorization.  As a large amount of time has passed since the alleged activity occurred, any records from my Internet access point are long gone.  The current nature of small office/home network equipment does not support long-term logging.    

7.   I will not pay your settlement demand and if need be, I will fight you in court.

8.   Please limit any relevant correspondence to US Post Office or similar means.  Do not telephone me at any number (home, cell, work, etc.).  Do not send any further settlement demands, as this will be considered harassment. 

Your Name                    Date

Address

Signature

————————————————————————–

Not something for everyone, but I believe this is another good way to show the Troll you are not scared and will not make a good target.  The letter is also good in case the troll ever goes to the court and whines that you are being evasive.  This type of letter clearly shows you are not being evasive, you just are not giving into extortion.

*** Here is another way you can respond – Doe_RE_AZ.  AZ Doe tell Prenda to “come and get it.”  ***

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 copyright Troll, What To Do and tagged , , , , . Bookmark the permalink.

45 Responses to “Richard Pryor Response” Letter for The Trolls

  1. erika's father says:

    I think “Eat Shit and Die!” would have been just as appropriate a message for the troll!

    • DieTrollDie says:

      That is essentially what the message is. It is just done in a more tactful way that makes it hard for the Troll to claim the Doe is being evassive and combative. Sometimes you have to beat them at their own game.

      DTD 🙂

  2. un-defended says:

    I like this letter. I really wish I had thought of this when I first was contacted by my ISP and the letters from the trolls. This will either piss them off and make you a target or tell them you arent going to roll over and you are not stupid.

    • DieTrollDie says:

      Thanks. Yes, you really can’t tell what each Troll will do. The problem the Trolls will have with anyone who sends in a letter like this is attacking them is likely to only get them in hot water when the Doe makes a counterclaim. The public IP address evidence is so weak, their efforts to protect their clients IP is lacking, and they can only determine (maybe) the true infringer by repeatedly interviewing people and inspecting computers. – So much for the value of the public IP address their wonderful forensic software recorded.

      DTD 🙂

  3. The letter might serve as a deterrent for the first person that uses it. For the second person? If I were the plaintiff attorney / copyright troll, I would immediately name both the second person AND THEN THE FIRST because it would be very apparent that they were both using a form that they got off of the internet, and that they didn’t take the time to draft their own letter. Plus, if I were writing the letter, I would keep it more simple, like, “my attorney told me not to pay your demands, and that we look forward to seeing you in court.”

    • DieTrollDie says:

      Thanks for the information Rob. I understand what you are saying about a Troll naming someone because they used a template. It is still a risk on their part and it could come back to bite them. For my situation – I know I didn’t do anything illegal/there is no evidence to show I did (public IP address is sad and weak)/Negligence claim is a joke.

      For anyone thinking about sending a letter or filing a motion please think through the possible outcomes. If you can’t stand the possible heat, best weigh your options. If you are going to use one of the many examples out there (Motions, letters, etc.), please edit it to your specific situation. Example: Some people are starting to actually get DMCA take-down notices (apparently from CEG). If so, remove the DMCA notice paragraph in the letter. As Rob suggests, you could also add the line about my attorney told me not to pay your demands, and that we look forward to seeing you in court.” OR make it short and sweet like the verbal RPR. Make it your own document.

      DTD 🙂

    • un-defended says:

      Very good point. Anyone who uses this letter or a MTQ in their defense should change the wording as much as possible to personalize it.

      • And that’s where the peril awaits you. I don’t have any doubt that everyone here is smart, but it’s a different kind of intelligence: crooks are perfect at the art of finding tidbits that can be used against you. Re-watch this video and you’ll understand why.

        That’s why, with all my respect, I’m not excited by this idea — sending a lengthy written potential incriminating evidence to a foe. The only useful goal of communicating back to a troll is to hint that you are not easily scared and will pick up the fight. Anything beyond that can be dangerous.

        A year ago I prepared a lengthy email to my troll. Now, re-reading the draft I wonder how stupid I was considering a potentially devastating step! …Well, to feed my self-esteem, I rephrase it: “Now, re-reading the draft I wonder how smart I was putting a hold on a potentially devastating step!”

    • thatbalddude says:

      I’m the Doe that came up with the italicized version at the top of the page, and your response got me to thinking. (Not an easy task, I admit…) I tried to make my version as neutral as possible so I could say what I had to without giving up any information or providing leverage against me (specifically using the word “allegation” as conspicuously and frequently as possible) but your comment about trolls going after someone who used a form letter off the internet worries me.

      What standing would a troll have against someone who used that form letter? So long as the Doe is truthful in what he’s saying, how could the source of a letter be used against him? (Yay me, since I came up with the first one! Woohoo!)

      • DieTrollDie says:

        I believe the point being made is it could make you more of a Target because it annoys the Troll. Something along the lines of those Does who file motions. As 99.99% of these cases will never see a trial, I wouldn’t worry. If what you say is the truth and doesn’t make any admissions, then you are good. Just make sure you can stand any heat.

        DTD 🙂

      • thatbalddude says:

        I’m wearing my asbestos boxers!

  4. DieTrollDie says:

    Thanks SJD. I want to be very clear with all the Does that if you are thinking about lying (or even sugar coating the truth) on any type of docuement releated to your case, DON’T. This could come back to haunt you. If what you have to say is the truth, getting the basic aspects of it out is OK in my opinion. For my situation, the details of the template are accurate and nothing from it is an admission. I think dealing with the Troll as little as possible is the safest overall course of action, but something like this has its place.

    DTD 🙂

  5. Damoe says:

    So I got my first call today. It was a real person. They didnt get a chance to get to the explaining the case thing to me efore I hung up on them. However I didnt use the RPR because they never actually got a chance to explain the case, settlement offer or any thing.

    Heres how it went

    Me: Hello?

    Dick Bag Prenda Fuckhead: Hi, is Damoe available?

    Me: this is Damoe

    Dick Bag Prenda Fuckhead: Hi, this is Dick Bag Prenda Fuckhead calling about the letter we mailed you last week?

    Me: No Im not sure what you talking about.

    Dick Bag Prenda Fuckhead: Oh well we got your information from your ISP we subpoenaed,

    Me: Not ringing a bell.

    Dick Bag Prenda Fuckhead: Oh you dont, well I would be happy to dicuss it with you now

    Me: No, I dont think so

    Dick Bag Prenda Fuckhead: Well I could e-mail you a copy of it to your e-mail address damoe@prenda garglesballs.net?

    Me: Me, No I dont think so, please dont call this number back

    click…

    So did I fuck that up? should i have just said the four lines and been done with it, or does that respose seem ok. I was very vague and was very careful not to rebute any information he had on me, but not acknowledge anything either. I cant remember what he said his name was and I love how he tried to scare me by saying he had my email. Im debating what i should do from here, ignore the calls from here on out or pick up the next one. give the RPR and then ignore all the call?

    • Damoe says:

      oh and I really havent gotten a letter yet

    • DieTrollDie says:

      Thanks for that! Had a great chuckle at Prenda’s expense.

      I don’t think you did a bad job, but the goal of the RPR is to make it clear to the “Dick Bag Prenda Fuckhead” (DBPF) representative (I’m still chuckling) that:
      1) I didn’t do it.
      2) The movie(s) is not on my system.
      3) I will fight you in court.
      4) Please don’t call back.

      So you took care of #4. If you are comfortable, you can give them #1-4 when they call back.

      By doing this, you remove the ability of Prenda to make a claim that you are being evasive. Your not being evasive, you just answered the basis of their law suit and told them to “put up or shut up” in a very tactful way. It also sets the stage that when they keep calling back you have ammunition for a harassment claim.

      The biggest risk in giving the RPR is that you may slip up and give away some personal information that they can use. Don’t try to argue with these bozos (even if it becomes somewhat fun), they don’t care what you have to say. Only that you pay up and then go away.

      DTD 🙂

  6. Damoe says:

    so when they call again, do i just answer and say Hello, 1-4 and click, or do i say it throughout the conversation? Should I even give them a chance to speak?

    • DieTrollDie says:

      For me personally, I would let them make the initial comment to you as what is going on. Then give the RPR, say good bye and hang up. Say it calmly and don’t get agitated.

      Note: The longer you let them babble on and still give the RPR, the less time they have to spend calling other people. For these Troll outfits, time is money.

      DTD 🙂

      • Someone says:

        I remember a tactic my parents had with telemarketers. They would answer and immediately reply – “AH I’m glad you called, I need to talk to you. Can you hang on a second I’m just putting the baby to bed/feeding the dog/locking the car. Then wait a couple of mins or so, then come back and ask “are you still there? – Oh GOOD, I was worried you’d hang up” – Rinse and repeat. You can keep them on the line for ages.

      • DieTrollDie says:

        Yes that is good. Another good thing is to let them ramble on and then tell them that you do not understand. Have them go through it again and ask a stupid question. Repeat until the frustration on thier part makes you you want to pee your pants. Tell them to have a nice day and then hang up.

        All jokes aside, unless you want to piss the Trolls off and you are ready & willing to fight, the standard RPR is the best option IMO.

        DTD 🙂

  7. angryattrolls says:

    What if it’s not the Troll who filed the case but some lackey who’s following up on it? Should I give them the RPR or wait until Kotzker himself gives me a call. The calls I’ve been getting so far have been from the 808 area code (Serena Duncan and Bill Higgens), easy enough to avoid. Should I answer them (after hours) with the RPR? Or wait until the filing attorney calls me?

  8. CA-Doe44 says:

    For all the people that have given the RPR to these trolls, I’d like to know how many of you out there were actually left alone, and they didn’t bother serving you or harrassing you after, and the lawsuit ended up being dropped?

    • Sol says:

      Probably none but that’s not the point. You should learn why it’s a good strategy. Read about it. Of course, you may be better just not talking to these sub humans.

      • CA-Doe44 says:

        I recently read up on the articles from this blog. I recently got the notice from my ISP about the subpoena, so I guess I’m waiting for them to start contacting me. I was just curious if the RPR worked well enough for them to drop the lawsuit on you

  9. doeboy says:

    ok so a guy from prenda called and i picked up and i gave him the RPR more or less saying i didn’t do it and to leave us alone. my mom’s name was on the letter and he said that they were going to name her. what are the chances they’ll do this. i didn’t give up any info

    • DieTrollDie says:

      Well Prenda (Douche Bag Central) is claiming they are naming more and more people. To me it is all the same BS, as the merits of the claims are very weak. The “naming” is done to scare people into settling. This is just an evolved tactic of the Prenda nit-wit squad. Lets take a look at the number of cases where Prenda has named a Doe and actually fought it out in court. Wait for it………..ZERO. Wong, Abrahams, Hatfied, Botson, and I’m sure there are others. There is the chance (I can’t say how likely or unlikely it will be) you Mom will be named. BUT, Prenda knows that if a Doe fights back, they are going to have to run away before disclosing their slimy technical monitoring set-up and killing their operation. Also with the very weak public IP address as their only evidence (unless someone talks to Prenda), they will likely lose and face sanctions (abuse of process etc.). Formally claiming a person did something with @#$! evidence is a stupid thing to do (AKA: Prenda Evidence). Don’t forget about the how Prenda has been taking hits with the negilence claims. Trolls need to scare more people to increase their profits. Don’t give in and fight back. Thanks.

      DTD 🙂

    • thatbalddude says:

      I haven’t been bothered since I gave my RPR, but that doesn’t mean they’re not still plotting something. At a guess, I’d say the chances are an even fifty-fifty, but they’re most likely just doing it for the harassment value; their entire scheme is based on intimidation, like most blackmail scams. If your mother’s name is tied to the IP address that the Prendabots allegedly recorded, they’ll have no problems naming her and likely will.

      However, keep in mind that all they have is the IP address and that “naming” someone on a subpoena is not the same as gaining a conviction. They can name anyone they want for any reason they want, after all. When I gave my reply, I told them I wanted to see evidence specifically naming me and my computer, not the easily-hacked or -spoofed IP address, and they dried up. They know that if all they have is the IP address, their case is shakier than a house of cards built atop a Jell-O mold. They’re relying on your fear and your assumed ignorance of all things legal and computer-ese to make you cave in. Stay strong.

  10. ace says:

    should i get my compurer scanned to show none of this mterial is on my computer? And if so how and who does htis?

    • thatbalddude says:

      It’s not necessary that you prove your innocence. They have to prove your guilt. Give the Richard Pryor Response and be honest about it. You’re presumed innocent in court until the trolls prove otherwise, and they can’t do it. All they have is your IP address. Google a few freeware programs to scan your computer if you want or look around for IT specialists who can do it or might know someone who can, if you like. Peace of mind is good to have.
      HOWEVER…never let the trolls or any of their assignees, cohorts, lackeys, or minions scan your computer! I can guarantee that if any “evidence” isn’t on your system now, it will be when they’re done with it.

  11. The Tod says:

    I was reading the comments DTD and I saw the clip art and could not help but laugh out loud.

    @ace…when you do the RPR add “Honky” in there somewhere.

  12. thatbalddude says:

    Frag it all, they’re back. I got one of the Prenda-style form letters asking me if I’m stupid enough to incriminate myself and send them the letter. Funny how the conversations here were briefly about not using a form letter for our RPR, but trolls nationwide are using their form letters. Obvious to us they’re a coordinated scam effort; if only there was a way to show that to the court. In any case, keep up the RPR. Be calm, tactful, and brief. Give them nothing (which is what they have already) and above all, don’t blow this off. If you say you’ll stand up in court, do it. Yeah, it’s scary, but it’s one of only two ways to get out of this, and the other is to settle it. It’s your call, of course, but if you elect to stand up to them, do it wisely.

    • Ruck says:

      can they garnish my disability check from the government is my only question?

      • DieTrollDie says:

        I don’t know what the rules are for garnishing wages/money. Best to consult an attorney on that matter.

        DTD 🙂

      • Highly doubtful without a court order. That would require a few things first, foremost among them advice from a real lawyer. What they’re doing now is trying to intimidate you into settling. They’re bullies, pure and simple. Without a judgement from a court, though, your disability is safe. Don’t sweat it.

        However, if you do see legal documents coming through–summonses, subpoenas, and the like–don’t ignore them. If you do get something from a court, not from the trolls, I highly recommend lawyering up. If it’s directly from the trolls, it’s up to you to ignore them or answer them, but if you choose to answer, there’s plenty of advice all over this site on how to deal with them.

  13. Anonymous says:

    I just received a letter and am waiting for the first phone call to deliver the RPR. Isn’t telling them that you will fight them basically saying you have available funds to throw around and reason to target you? Do you think it is a necessary/beneficial part of the response?

    • DieTrollDie says:

      Tailor the RPR to your situation and what you think is best. IMO that will not make you a target. At that point you are already a target. It also depends on who the Troll/Plaintiff is. None of them voluntarily take people to a full trial.

      DTD: )

  14. Orinico Sam says:

    Great stuff. Our of curiosity though, why in the world would you willingly want to use the US postal service to communicate? I say force the bastards to use email like a civilized person. The last thing I would ever want to do would be to give them the satisfaction of forcing me to print things out, pay for stamps, locate mailboxes etc… that seems like giving into their game from the get go!

    • “Telephone conversations devolve into “he said, she said” arguments and e-mails can be edited or faked, therefore any communications between us are more appropriately handled through a paper medium to provide verifiable records for both parties.”
      The idea is to get their signature on a hard copy so you can prove without a doubt what they said and what they did. Like the original post says, e-mails can be spoofed, “civilized” or not, and adulterated evidence is not only inadmissible, it can also bite someone in the ass if someone tries to pull a fast one on the court. Best to keep the bad guys honest.

  15. Ashley says:

    This grammatical error might not look great with the otherwise potent structure of the letter:
    “4. As I do not have a contract or other agreement (Duty) to your client (or society in general regarding Internet security), I am in no way negligently responsible for any alleged copyright infringement that may have occurred over the public IP address assigned to me by the Internet Service Provider (ISP).”

    Just changed the period to a comma since you cut yourself off, and removed the informal “I’m” contraction. Just my two cents as a copyeditor.

    Keep fighting the good fight.

  16. Joe says:

    My elderly father, who is on SS, received a demand letter of settlement from DBC. Called an attorney for an advice but they were useless Any advice?

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