Why We Fight Copyright Trolls – Troll Kotzker Wants A Protective Order, 1:12-cv-00886

Upon reading some of the more recent developments in the Jeff Fantalis, Bruce Dunn, v. Malibu Media, LLC., 1:12-cv-00886 (docket), I can across an interesting statement made by attorney Jason Kotzker.  In section 5., of Plaintiff’s Motion For Entry Of Protective Order (Doc 60), the following claim is made (I added the emphasis).    Motion_ProOrder_00886(CO)

5.    Plaintiff has good cause for a protective order because if this information is provided to the public, Plaintiff, its employees and affiliates will be subject to annoyance, embarrassment, oppression, or undue burden and expense pursuant to Fed. R. Civ. P. 26(c).  Plaintiff is aware of anti-copyright blogs and websites that follow cases by Plaintiff and disseminate defense strategies and other information. Often these blogs and websites encourage individuals to harass Plaintiff, its employees and affiliates in order to discourage Plaintiff from filing suits against individuals that have infringed its copyrights. Several of Plaintiff’s counsel have received death threats and other harassing letters and emails. Plaintiff has a legitimate fear that if the information of its employees and affiliates is provided and disseminated to the public, Plaintiff, its employees and affiliates will be susceptible to similar threats and experience annoyance, embarrassment and harassment.

Now I have to say reading this section I can only think Troll Kotzker is referring to this site and www.fightcopyrighttrolls.com.  I don’t doubt there are other Web sites and blogs that talk about such topics, but these two are the main ones that “follow cases by Plaintiff and disseminate defense strategies and other information.” 

To be very clear to Mr. Kotzker, other copyright trolls, and all the Plaintiffs, this site is NOT “anti-copyright” in any sense.  I have stated clearly that copyright infringement is wrong and if you are doing it, to stop.  The copyright owners have the right to seek redress for the infringement, but their current methods are unethical, legally questionable, and extorting in nature.  There are multiple courts across the US that hold this same view. 

My Web site is not threatening in any sense.  The name of my site refers to the effort to end the copyright trolling business model and not to incite violence.  I put this Web site together to help out Doe defendants who were being preyed upon by questionable law firms and pornographers.  The information provided has been used to help defendants respond to the cases and to make the copyright troll business model an unacceptable option.  I do not encourage the readers to harass or threaten Plaintiffs or the copyright trolls.  

If Plaintiff and the Trolls feel harassed by my actions and the information I make available, then they are in the wrong business.  I use no illegal or unethical methods, only the freedom of speech to get the word out to the public.  I do encouraged people to use all legal methods to defend themselves if they decide to.  The only harassing comments I have had on my Web site were directed at myself and others Does and appear to have come from personnel associated with copyright trolls and their supporters.  

Making baseless claims are the standard procedure for copyright troll when their operation is being fought.  Troll Kotzker and Plaintiff can see Mr. Fantalis is serious and has the full intention of exposing the slimy underbelly of this operation.  Troll Kotzker and his master know that if this happens, all future operations will be in serious jeopardy.  The other Trolls understand the far-reaching effect it could have on their operations and will try to stop it by either lying or exaggerating any threats.

Thank you Troll Kotzker for allowing me to show everyone “Why We Fight Copyright Trolls.”

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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26 Responses to Why We Fight Copyright Trolls – Troll Kotzker Wants A Protective Order, 1:12-cv-00886

  1. SJD says:

    Thanks, DTD.

    I’m so pressed for time these days, can’t even post about these developments. And there are many post-worthy news today: new counterclaims in MA, “Teen Anal Sluts” case death, Lipscomb’s convoluted explanation…

    No light is seen in the tunnel either: I’m camping over this long weekend, and next week go to 2.5-week vacation to the place where sea is warm and Internet is a luxury.

  2. Anonymous says:

    Notice that one of your crimes is that you “disseminate defense strategies.” Never mind the fact that every citizen is entitled by law to defend themselves in court, this is your real offense. Fantalis’ makes the point in Kotzer’s masters own words by including some of Lipscomb’s emails as exhibits.

    These scumbags feel that John Doe defendants do not have the right to defend themselves in court, and anyone assisting them is guilty of a crime.

    Think about that. Think about just how low and evil Kotzer, Lipscomb and all their friends are, that they believe due process is a crime.

    I hope they are reading, I hope they don’t like it, and I hope we keep giving them fits.

  3. Anonymous says:

    Notice that the first offense listed is that you “disseminate defense strategies.” Never mind the fact that every citizen is entitled by law to defend themselves in court, this is your real crime. Fantalis’ makes the point in Kotzer’s masters own words by including some of Lipscomb’s emails as exhibits. And from the trolls, as usual, no exhibits to back up their claims; no copies of threatening emails, no police reports filed as a result of death threats, etc.

    These scumbags feel that John Doe defendants do not have the right to defend themselves in court, and anyone assisting them is guilty of a crime.

    Think about that. Think about just how low and evil Kotzer, Lipscomb and all their friends are, that they believe due process is a crime.

    I hope they are reading, I hope they don’t like it, and I hope we keep giving them fits.

  4. “[s]usceptible to similar threats and experience annoyance, embarrassment and harassment.” You know I kind of felt a tinge of that upon opening the troll’s extortion letter. Payback is a b*tch, you trolls should man up, you are embarrassing to yourself. Well you would be if you had a conscience.

  5. Raul says:

    The reason so many copyright trolls got into this business back in 2011 was because it was so lucrative. It was so lucrative, in large part, because while the trolls understood the law and the process most Does did not. Accordingly settlement rates must have been quite high as Does settled out of fear and lack of knowledge. This blog and fightcopyrighttroll.com has changed that with Does getting access to court documents, legal theories/arguments, perspectives and prior experiences. Trolls must hate that. Armed with this knowledge I would bet that far fewer Does are settling today than they were one year ago. Keep up the great work.

    P.S. SJD Hope you have a great time, send postcards!

  6. I laughed when I read about the “anti-copyright” blogs. I agree — I don’t think any of us are “anti-copyright.” We simply don’t like the idea that the copyright trolls are suing defendants NOT KNOWING whether they were the ones who did the downloading or not. If they wanted to find the real infringers, fine. But stop the “settle or we’ll name you” garbage.

  7. Sibscribe says:

    Subscribe

  8. Irritated Troll Hater says:

    Guilty or innocent Does are very grateful for this site along with SJD’s. I know I am. No one, guilty or not, should have to go through this. As I read Kotzker’s claim, if left me kind of dumbfounded.

    1). Since I have started reading these blogs, I have yet to see any moderators encourage threats and or harm. I also have yet to see any threatening comments. Some (myself included), do put their anger in their words, but it’s due to frustration and disappointment in how people can hurt others without a care in the world. Along with misuse of the law.
    2). While some have made threats and made harassing emails, you cannot blame ALL for a few very angry people who will not put up with threats without fighting back.
    3). Making claims of harassment, embarrassment, annoyance, undue burden and others to persuade the courts into their favor, while doing the exact same thing themselves, is complete contradiction. It cannot be OK for the trolls to harass and threaten Does, but wrong for the trolls to receive the same treatment.

    Also, information that goes on in these cases, should be provided to the public through others that have been through the sames processes. People have a right to defend themselves and have a knowledge of what they are involved in, rather than going into a situation completely blind and not know how to defend. I for one do not like to be taken advantage of and be swindled out of my hard earned money.

    To the trolls; we know you read the articles and comments. You need to realize what harm you are doing to people emotionally and financially. You need to realize that you are conning people who are INNOCENT, out of their money. And you need to EXPECT people to fight back and protect themselves from evil people who have no conscience. You are bullies in every sense and when someone stands up, take it like an adult instead of whining like a baby!

    Down with all Trolls

  9. Anonymous says:

    Really pathetic to see what cowards these guys are. I can’t even give them grudging respect or agree to disagree, they are simply despicable.

    Fantalis filed emails from Lipscomb claiming his targets would be shamed in the Denver Post… Why are they afraid to simply justify what they are doing and open themselves up to scrutiny in court? They shouldn’t be filing lawsuits if they aren’t willing to do this. Kotzer and Lipscomb clearly have no belief in or respect for themselves, their clients, their evidence or their tactics. They should be ready to litigate without hesitation if they have evidence and the law on their side, so the fact that Kotzer keep retreating means he believes he doesn’t have evidence and doesn’t have the law on his side.

    When the RIAA sued file sharers I disagreed with the tactics but had no doubt they were serious about what they were doing and willing to follow through. Similarly, I give Randazza a little respect because he does follow through, he is willing to account for/make excuses for his behavior (although he does often slink away when challenged). But these guys… Just pure slime.

    At least we will all have the satisfaction of knowing that once his trolling scam is shut down, Kotzer’s career is over because the world will be able to Google his name and see that he is not just an extortionist but a coward who was intimidated and outmaneuvered by a pro se defendant. He will never be able to escape that.

  10. that anonymous coward says:

    “Plaintiff, its employees and affiliates will be subject to annoyance, embarrassment, oppression, or undue burden and expense pursuant to Fed. R. Civ. P. 26(c).”
    You mean like what is generated by every single one of your fishing expeditions?
    The unbridled hope that embarrassment will make people who are innocent pay you to avoid you making public your untenable claims that they downloaded porn?
    The undue burden of having to hire a lawyer to “defend” against you and your ilk making deceptive statements (real people call it lying) designed to quickly obtain settlements you and your client are not due?

    You left off an important word, TROLL. These blogs and the people who populate them are anti-copyright TROLL. We do not always agree with copyright law, but we all agree what the trolls are doing with the law is wrong.

    Please quote for EVERYONE where any of us have suggested harassing you morons, I can count on 1 hand suggestions I’ve made… and that was informing organizations the company was donating to where the money was coming from. I think there is something wrong with them getting good press supporting the gay community while using their lawyer to threaten to out people, correctly or not, to obtain settlements.
    I was not behind the campaign that informed the very rebuplican neighbors that gay porn was being shot in a home in their community, someone did that on their own.
    I have suggested contacting AG’s about the threats trolls make in their letters, given the lacking nature of the technology and their inability to prove anything.
    I have suggested people contact local bar associations with complaints, as the complaints have merit.
    I’ve ridiculed nearly all of the trolls publicly, and used unkind words to describe them. I think I’ll use another… Your a fuckwad, quick run and tell the Judge I was mean to you.
    Maybe you can pick up the phone and ask Randazza why my actions are protected by the 1st Amendment, he had a first hand look at them – he put on his big boy pants and didn’t cry.

    If you have a death threat you contact the authorities, one has to wonder why I have to explain that to a lawyer. Unless that claim has as little merit as your cases do, and you seek once again to mislead the court.

    Oooh law tip for you…
    The accused have the right to know their accusers, and I’m so terribly sorry that you seem unable to accept the same treatment you visit upon others. You inject yourselves into 1000’s of peoples lives making wild accusations and are aghast that some of them might not respond kindly to your extortion efforts. Your actions have consequences and you don’t get to shift the blame to those of us you dislike. You made the bed, you pissed people off, and your response is to once again LIE IN COURT.

    Greeting future visiting Judge and or Clerk. I’m TAC, and I hate trolls. You will find me offensive, snarky, capable, and smarter than the average troll.
    You will not find me doing anything like what Mr. Troll has claimed… sort of like the original complaint he filed, how many times can he cry wolf before you see he is a liar?

    • DieTrollDie says:

      I always look forward to reading your comments TAC. Thank you. I loved this part. “If you have a death threat you contact the authorities, one has to wonder why I have to explain that to a lawyer. Unless that claim has as little merit as your cases do, and you seek once again to mislead the court.” I seriously doubt any police reports were ever filed. Makes it kind of hard to justify a protective order due to fear, when you were not even concerned enough to file a simple police report.

      DTD 🙂

  11. Irritated Troll Hater says:

    Very well said TAC.

    I would be delighted to have a troll comment to this article and our comments. I would enjoy the troll to engage in a conversation rather than a hit and run.

    What do you say troll? Stop by and have a few drinks with us. Try and convince us how great you and your business is and why it should continue.

    • that anonymous coward says:

      It will not be Randazza, he and I have history going back for a while now.
      I think he’s scum of the earth, and his actions and histrionics have shown others that while he is a spiffy 1st Amendment lawyer he is a copyright troll and the former should NEVER allow the latter to be overlooked.
      If a troll tried to sue me for speaking my mind… I might even hire Randazza. But that totally would not stop me calling him out.
      BTW I totes expects Randazza to say something now just to prove me wrong.

  12. Pingback: Paul Lesko, Simmons Law Firm, underage pornography and the end of trolls in Louisiana « Fight Copyright Trolls

  13. doecumb says:

    Let’s remember that first of all Kotzker’s deceptive accusations are a distraction from the real issue of discovery. Kotzker and gang are scared not of Does but of exposing trolls’ awful actions. Real full discovery about porn purveyor plaintiffs and the groups behind them would completely unravel copyright trolling.

    Think how many shady parts of the scam there are: self-appointed technologists with unproven methods-some known to start or bankroll trolling, lawyers twisting legal process for greed, forum shopping, office workers shaking down Does with phone calls, porn purveyor studios with questionable practices, costs of porn video production recouped with one or two settlements, shell corporations, off-shoring of business, finances and porn video filming, and much more. Specifics are needed for true Doe defense.

    Kotzker’s whining for the trolls and their porn purveyors is: Boo hoo, why is anyone angry just because we harass and swindle thousands of Does while causing anguish for Does at home and work ? Even bring a few nasty parts of trolling into evidence will show how rotten trolling is.

  14. SMDH says:

    TAC, you have accurately summed up what any and all Does should feel about this situation.

    • that anonymous coward says:

      Well right now I’m just working on getting myself in a footnote in a court order.
      SJD got one, DTD got one… I WANT MY FOOTNOTE!
      They more than likely got more than 1, and it seems that some Judges and Clerks are actually poking around on the web and finding our little corner of troll slaying. (Protip – that isn’t a threat.)
      There has to be some some twisted joy in being able to cite “That Anonymous Coward” in a lawsuit targeting a pack of anonymous does.

  15. Sol says:

    Funny how there is no mention from this miserable slob about the harassment that that people like DTD have received in the form of direct voice mails from scum-buckets like Lutz?

    As my dear Mother would say: Live by the sword….. la la la.

  16. As the legal adviser affiliated with the anti-trolling site extortionletterinfo.com I am frequently amazed at how thin the skin is on folks who have no shame in bringing these trolling lawsuits. They can dish the heat but they can’t take it. It’s funny how in Tolkien’s The Hobbit we learn that trolls who are exposed to the sun turn to stone but in this world trolls exposed to the light of day turn to delicate rice paper!

  17. AC says:

    This one’s for you DTD: http://www.archive.org/download/gov.uscourts.cod.132446/gov.uscourts.cod.132446.74.0.pdf

    Fantalis files a motion opposing Kotzker’s protective order. Specifically footnote 2 on page 6.

    “The “anti-copyright” blogs to which Plaintiff refers are by no means against copyright as a matter of law. What they are dedicated to is the education and support of John Does who have been sued or otherwise approached by a company like Plaintiff. They are anti-mass-for-profit-copyright-litigation-blogs.”

    anti-mass-for-profit-copyright-litigation-blog is coincidentally the name of my new website 😛

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