Well it looks like Prenda Law is testing the water in IN. On 12 Jun 12, a CP productions Inc., copyright infringement case was filed in the Southern District of IN, by the law firm of Hostetter & O’Hara (H&O), Brownsburg, IN. H&O is a general practice firm that does not specialize in Intellectual Property (IP). The specific Troll is Matthew Edward Dumas
There is no mention of Prenda Law in any of the filed documents, but they have represented CP Productions for past and present copyright infringement cases. The same wording of the complaint can also be found in other Prenda authored/filed complaints.
Nothing is surprising in the complaint. Standard Prenda case filing against –
John Doe and his joint tortfeasors
There are a total of 449 IP addresses listed – John Doe (IP address 18.104.22.168 – IP geo-locates to IN) and 448 tortfeasors. I suspect that a majority of the IP addresses are not in the SDIN jurisdiction.
The complaint refers to John Doe as a “serial Infringer,” and states they have observed him infringing on multiple copyrighted works of adult content, to include the CP Production INc., movie, GH Hustlers – Maryjane’s Second Visit. The Plaintiff has applied for a copyright registration for this movie (application # 1-692546895), but as of 14 Jun 12, none has been granted.
A check of the U.S. Copyright Office data base disclosed the following titles registered to CP Productions. *** See update below ***
The time period for all of this infringement activity is 7 Dec 2011 – 10 May 2012 – 156 days. As there is no copyright registration, I can assume that either CP Productions made a very late application for one or there is some problem with their application. Either way, I highly doubt that the registration is going to be back-dated to December 2011. Who knows, I could be wrong.
18 Jun 12 Update – Copyright Registration Information.
CP Productions had copyright registrations issued for two of their movies (GH Hustlers – Maryjane’s Third Visit & GH Swallow – Maryjane’s Fourth Visit) CP Productions now has Nine movies registered – . Both of these Maryjane movies were first published on 17 Feb 12, and were given a copyright registration date of 15 May 12. So where is GH Hustlers – Maryjane’s Second Visit? Or the 1st Maryjane movie for that matter. Why have the 3rd & 4th movies in this series received a copyright registration ahead of the first and second movies? I think CP Productions screwed up with the copyright registration process. What is going to be seriously funny for CP Productions and Prenda Law, is if the registration for this movie gets issued with a date of 15 May 12, or later. *** The last Doe in their complaint was recorded as downloading/sharing the movie on 10 May 12! *** If this happens, Plaintiff can only go after actual damages – no statutory or legal fees! Starting from the earliest date of the compliant (7 Dec 11 – assume this is the first published date), 3 months from 7 Dec 11, is 6 Mar 12 (91 days).
Once the registration date is issued, Plaintiff should correct its complaint to reflect the damages it is allowed to seek. I highly doubt they will do this, so I expect all the Does to get the same BS Prenda Law settlement letter threatening statutory damages, legal fees, etc. Does – when you get notified by your ISP about this case and find these posting – please file a motion to quash and stir the pot. This case is ripe for it.
One thing I can safely assume is that the first publication of the movie was at least 7 Dec 2011. If the copyright registration is eventually 6 Mar 12, or later, then they have missed the 90 window for being able to get statutory damages and attorney fees from Does who allegedly infringed prior to the registration date. § 412. Registration as prerequisite to certain remedies for infringement
§ 412. Registration as prerequisite to certain remedies for infringement
In any action under this title, other than an action brought for a violation of the rights of the author under section 106A(a), an action for infringement of the copyright of a work that has been preregistered under section 408(f) before the commencement of the infringement and that has an effective date of registration not later than the earlier of 3 months after the first publication of the work or 1 month after the copyright owner has learned of the infringement, or an action instituted under section 411(c), no award of statutory damages or of attorney’s fees, as provided by sections 504 and 505, shall be made for —
(1) any infringement of copyright in an unpublished work commenced before the effective date of its registration; or
(2) any infringement of copyright commenced after first publication of the work and before the effective date of its registration, unless such registration is made within three months after the first publication of the work.
As John Doe #1 would fall into this category (Date: 19 Jan 12 = actual damages only – say $40), I would laugh my @#$! off. I will have to keep an eye out for the registration date of this fine film.
Well H&O and Indiana, welcome to the fight. I don’t know if H&O was hurting for business, but I think they might have bitten off more than they realized by signing up with Prenda Law/John Steele.
Note: Please check out the Indiana Intellectual Property & Technology Blog (IIPT) article on this case.
15 Jun 12 Update – As expected, the Troll has submitted his motion to subpoena the ISPs along with a memorandum of law in support of his request. The document can be found at the IIPT site. I will add them to this post in a while. Once the judge approves the request (I assume he will), the Does will start to get notified via their ISPs.