A new Prenda Law Inc., Settlement demand letter has been released. I guess the Mark Lutz replacement tried his hand at a little creative rewriting experiment. Nothing shocking in the letter, but it is funny to see what is stated and even more interesting is what isn’t said. This letter is for case 1:12-cv-00808 , CP Productions Inc., v. John Doe, Southern District of Indiana. Here is my initial post on this case (Cornholers). Letter – Pages 1, 2, 3
I love this line in the letter that states that “Our client’s forensics experts deploy sophisticated computer software to capture illegal downloading activities.” Funny I didn’t know 6881 Forensics LLC (Peter Hansmeier) was working for CP Productions as their “Forensic Expert.” I thought he was employed by Prenda Law – Sarcasm. Come on Pete, what is your education and training in these matters. Please show us your bona fides.
Here is another interesting bit in the letter – “A study published by the University of Colorado – and funded by COMCAST and Time Warner – determined that the software technology utilized by our client’s forensic expert authoritatively establishes that your IP…….. was observed illegally distributing…”
Here is the link to the study Prenda is kind enough to supply. cseweb.ucsd.edu/~dlmccoy/papers/bauer-wifs09.pdf The study is titled, “BITSTALKER: ACCURATELY AND EFFICIENTLY MONITORING BITTORRENT TRAFFIC ” bauer-wifs09
An interesting study, but in NO way lead any sane person to believe that just because they recorded a public IP address, the ISP subscriber is guilty of downloading/sharing the movie in question. Here is one little tidbit from the study.
However, the active probing approach is not entirely immune from the possibility of false positive identification. For example, peers using an anonymizing network such as Tor may produce false positives, since the last Tor router on the client’s path of Tor routers (called a Tor exit router) would be implicated in the file sharing. In fact, a recent study has found that BitTorrent is among the most common applications used with Tor.
Following this, the letter goes onto warn the recipient that failure to promptly pay the $4000 settlement demand will get them named in a lawsuit in their jurisdiction. Prenda then informs the Doe about two music file sharing cases in which the defendants lost – Capitol v. Jammie Thomas-Rasset & Sony BMG v. Tenenbaum. Funny that Prenda couldn’t list out any of its successful prosecution of cases based on the merits. Listing the Hard Drive Productions v. Wong would probably not be a smart thing for Prenda to do. Kinda of hard to get people to pay settlements when they know you will back down from a fight. We haven’t reach the stage where Abrahams, Hatfield, and Botson get a piece of Prenda and their clients.
I have attached the 11 Sep 12, Appeals court ruling on Thomas. 11-2820-2012-09-11 The interesting part to take a look at is on pages 5 & 6. Thomas made the mistake of talking to the RIAA and tried to negotiate a settlement. That is why we tell you not to speak to the Trolls. Nothing good can come of it. There is also the fact that the RIAA had much more evidence against Thomas (see page 6). Not just the public IP address.
I found the claim that they were going to name and serve the ISP subscriber particularly funny in this case. On 12 Oct 12, the judge (Debra McVicker Lynch) issued a Show Cause Order to Plaintiff. Rule 4(m) deals with naming and serving a defendant no later than 120 days. ShowCause_Order
The plaintiff is ordered to show cause, by November 1, 2012, why this case should not be dismissed for failure to serve the complaint as required by Fed. R. Civ. Proc. 4(m).
Well well John Steele and Paul Duffy, the judge here doesn’t seem to believe your claims of serving defendants that don’t settle. Forbes Interview of Steele. Yes I know you will claim that the ISPs are slow and negotiations take time. Same old tired line.
Otherwise this is the same Prenda letter as before, just dressed up a little different. Same hubris, different day. Here is a picture of the “Prenda Ship of Fools.”