Hearing (Audio File) for Malibu Media v. John Does 1-14, 2:12-cv-02084, Eastern District PA, (Troll Christopher Fiore) 14 May 12

6 Jun 12 Update – DTD Declaration filed on this case – Post & Declaration 

Thank you John Doe XX for posting about this hearing concerning three Malibu Media cases filed by troll Christopher Fiore, in the Eastern District of PA.  What was interesting about this hearing is that there is an audio recording of it in PACER.  Audio File I had to sign up for a “DropBox” account to get the mp3 file loaded.  If you are interested in getting a DropBox account, here is a link – DropBox

Here is a copy of the docket for 22 May 12, as well as the most recent order from the judge, allowing Plaintiff to serve the subpoena on the ISPs.  Docket_22May12_02084(PA)  Grant_3rdSubpoena_02084(PA)

–  Here is the .PDF file for the hearing with the .MP3 file embedded in it.  Hearing_02084(PA)

It was great to actually hear the interaction between the Judge and Fiore.  You could tell the judge did some research, but was certainly not a geek.  The first thing the judge asked him was if he was familiar with Judge Browns’ recent opinion in NY (ORR_03995(NY)).  Fiore tells him “No.”  I really doubt that.  Mind you, he isn’t an IP lawyer and is more of a token for the Plaintiffs.  Listen for when the judge asks him what a MAC address is.  There is a great pause and then a stammering stupid answer.  I wish I could have seen his face when the judge asked him.  The judge actually does a better job at stating what a MAC address is than Fiore.

There are other parts of the hearing that are interesting and I will leave it open for  readers to comment on.  Based on Fiore’s answers and the previous PA court rulings, the judge did grant them the right to serve the subpoena on the ISPs.  The judge did limit the information the ISPs could provide to the Name, Address, and MAC address of the subscriber.  It also looks like the judge is leaving the door open for the Does to make motions.

Enjoy and don’t choke on any food or drink while listening to Fiore.

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
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21 Responses to Hearing (Audio File) for Malibu Media v. John Does 1-14, 2:12-cv-02084, Eastern District PA, (Troll Christopher Fiore) 14 May 12

  1. Raul says:

    OMG a fucking idiot and a liar. What do you call that a “lidiar”?

    • Paulie says:

      Are you Rah-ool the leader of BitTorrent from Germany lmfao

      • DieTrollDie says:

        Does anyone have a clue what Fiore was talking about when he mentions “Rah-ool”? I loved the comment about it possibly being a basement “somewhere” with electricity. WTF?!

        DTD 🙂

      • DieTrollDie says:

        Hey Raul. Maybe he was talking about you? Are you in a basement somewhere in Germany or Asia? LOL 😉

        DTD 🙂

      • Raul says:

        When I am not busy training my army of cloned Aryans to resurrect the Fourth Reich, I am busy in the basement of Castle Von Freitard uploading bestiality porno. Right now I am uploading “Chris Screws Some Does” as part of my evil plan for world domination.

        Nice how Chris lied to the judge’s face when the judge asked him whether any motions had not been granted, he conveniently neglected to mention Patrick Collins v. Does 1-26 (case no. 11-cv-7247).

  2. anonymous says:

    Judge: how you become a bittorent customer?
    Fiore: “The software is downloaded, and nobody really knows where it is… floating around in Eastern Europe or Asia.”

    My God…. Really?

  3. anonymous says:

    After listening to more of the audio, I think the Judge is asking good questions. It also seems that he is tossing Fiore some rope.

  4. The Tod says:

    Fiore lied right to that judge’s face.
    “We ask for the phone numbers but, we never get them.”
    “We dismiss people all the time.” BS

  5. B.T.D says:

    What a piece of crap lying scumbag!!! How does he lie to the judges face?? Cause he’s a Lwawyer, I guess? Sure would be nice if the Judge was aware of this blog or SJD’s!

  6. Ted Kaczynski says:

    Hope someone has enough sense to get that audio file introduced in a trial. How sweet it would be to demonstrate (in front of the jury) each lie (both verbal and documented) and clearly show the purpose for doing it. Talk about a subterfuge… Not only would it make for some interesting courtroom scrutiny, but, it seems to me, anyone contemplating filing a complaint with the bar is being well served by the babbling jackass.

  7. Ugh says:

    As an attorney, I can tell you most lawyers– even young ones– know very little about technology. If they were smart enough to understand computers, they wouldn’t have gone to law school.

    The legal “profession” (I use that word very loosely) is really a parasite on society. The legal system is totally corrupt, and most lawyers serve functions that aren’t really necessary. Unfortunately, law schools are very profitable ventures for universities (see blogs such as abovethelaw.com), so they keep churning out unnecessary attorneys.

    Because there isn’t enough work, lawyers are desperate to pay off massive student loan debt, so some are willing to do anything– even become a copyright troll for hardcore pornographers– to pay off that debt.

    Fiore is unusual in that he is in his early 40s, but my guess is most of these trolls are much younger. I looked it up, and both Paul Duffy and John Steele have only been licensed since 2007.

    My guess is Prenda (and other troll “firms”) are trying to recruit lawyers in as many of the 93 federal districts as they can– especially in the big cities where Does are more likely to reside. If you go to the trolls’ websites, note that they mostly do personal injury, DUI and other bottom feeder work. They don’t mention that they are IP lawyers because they aren’t. They are just hoping to make as much extra money on the side as they can by settling these cases.

    Meanwhile, I have never seen a firm website like Prenda’s. Go to any real firm’s site, and they brag about who the attorneys are and what their accomplishments are. They don’t use a made up name and hide behind the anonymity of the Internet.

    The whole thing is a scam. The question is how long will it take for the judges to catch on to these shysters and how much money will they extort from people before that happens?

    One final thing worth noting– even though Fiore is obviously full of shit, note how much the judge defers to him. Unless given a reason not to do so, judges often defer to what the lawyers say. Judges tend to be older and particularly clueless about technology. So we all better hope that when one of these cases does go to trial, the defendant has a decent attorney because I definitely could see cases going the other way with a particularly clueless judge and jury.

    • DieTrollDie says:

      Thanks for the insight. As a geek myself (I’m not as hard core as some), I was a bit shocked on how non-tech savy the judge and Troll were. It was sad to see that the judge did defer to him and his BS answers. As there was nobody to refute his statements, the judge takes it as Fiore is being truthful and knows what he is talking about.

      DTD 🙂

    • that anonymous coward says:

      As some people don’t seem to be in on the joke, several of these lawyers are contacted by the IP gathering firm. They are told about great paydays, little effort, and they are going after bad people. The driving force behind much of this is the IP gathering firms there are only a handful of them actually despite the huge numbers one might imagine from all of the different names out there.
      Remember Evan Stone gave an interview where he admitted his evidence was gathered by a former cell company VP who joined each swarm and wrote down IP addresses he saw while using an unmodified client. So while getting his information he was aiding the “crime” with every packet he downloaded and uploaded.

      • Raul says:

        Troll Fiore’s references to “my client” who has software and who is working in Germany were illuminating.

  8. Pissedoffjohndoe says:

    We never get the phone numbers or email. That is a load of shit.

  9. Paulie says:

    Is there any way to find out about this gay bath house that they named in a suit?

  10. Paulie says:

    good find…looks like they got the spa to settle for $12K…however FIore’s name is nowhere to be found on this. So I guess they do talk to eachother.

  11. Raul says:

    As TAC mentioned, they do not necessarily speak to each other but take direction from a small cadre of IP harvesting firms located in Germany who hire the trolls, give them direction and have ultimate control of the litigation.

  12. Raul says:

    Looks like things are beginning to heat up in Judge Baylson’s courtroom. As it appears that he reluctantly gave Troll Fiore discovery it will be interesting to see what he does with the Doe motions.

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