Copyright Infringement Case Openings – 26 Jul 13

I decided to take a look at RFC Express to see what copyright Infringement cases have been opened for approximately the last month (24 Jun – 25 Jul 2013).  If I missed any please comment or send me an email.   Spreadsheet endJulCpyTr

JulCases1Even with only a month snapshot, I think it gives a good indication of the state of BitTorrent related copyright infringement cases.  This is of course subject to change based on new Trolls, Plaintiffs, and any changes they make to their tactics.

Mass Does v. Single Doe Cases

The single Doe cases during this time frame were only associated Malibu Media LLC.  Not a shock, as we do not expect them to return to the Mass Doe format.  Malibu Media is sticking to the single Doe cases so as to avoid issues of joinder, severance, and subpoena quashing.  They appear to be tailoring their efforts to those Does who have been recorded as downloading/sharing multiple Malibu Media movies, as well as doing it over a long time-frame.  I expect with many of these new cases, they will have multiple recorded instance of such activity, as well as a listing of other apparent movies (and other media) being shared illegally.

The mass Doe cases still are being used by the Trolls and will likely continue to be used in various jurisdictions until the courts decide they don’t like having to deal with the number of cases and the associated motions that are likely to follow.

Locations

The IL Northern District is the favorite one during this time-period with five different Plaintiffs.  The Western District of Tennessee appears to be a favorite with TCYK and Killer Joe Nevada.  Malibu Media has also be busy with filing cases in Wisconsin.  New jurisdictions may open up to the Trolls, but that will depend on Plaintiff/Troll finding a licensed attorney in the jurisdiction who is willing to dirty his/her reputation (my opinion) by filing these cases.

New Plaintiffs

  • Instinctive Film GmbH
  • Sibling The Movie LLC
  • Death Awaits Cinema Ltd.

I haven’t really looked into these Plaintiffs, but I’m willing to bet that they are filing the same boiler plate copyright troll cases that we have seen before.  Please contact me if you find and unusual aspects or problems/errors in their filings.

Future Activity

I would expect that all the Trolls/Plaintiff are trying to find attorneys in new jurisdictions to file these cases.  There is enough bad press out there concerning Troll attorneys who handle these cases to make this a difficult endeavor.  I expect we will see some cases get filed in new jurisdictions, but it will be slow.

Malibu Media/Keith Lipscomb will continue to file single Doe cases for the immediate future.  I also believe they will continue to collect as much information concerning the downloading/sharing of Malibu’s movies – long periods of BT sharing, to show this was not likely the result of one-time activity.

The use of these cases by more main-stream movies (some low-budget and/or box office failures) is likely to grow, especially if certain jurisdictions continue to allow mass Doe cases and grant subpoenas for ISP subscriber information.  This business model was designed with this assumption – $400 filing fees and limited paperwork can return 10s if not 100s of thousands of dollars.  With the apparent mortgage of a copyright to fund these cases, the TCYK cases may herald additional cases (and plaintiffs) if they can show it is profitable.

Example: 57 Doe case; 28 (50% Doe settlement rate) Does pay a settlement fee of $3500; Return of $98,000; Split the profits between Plaintiff and Troll; File new case (repeat).

DieTrollDie 🙂

Banksy Football Copyright

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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5 Responses to Copyright Infringement Case Openings – 26 Jul 13

  1. Andrew Tandrew says:

    Compared to the flood of mass Doe cases by dozens of pornographers all through last year this is looking awfully quiet. Lesko hasn’t opened new cases for several months. I see just 18 July suits from Lipscomb and 36 in June compared to almost 300 in April and May.

    On the downside, Parkhurst etc. are going after an awful lot of people for these crap, zero box office receipt movies.

    • DieTrollDie says:

      I think Lipscomb and crew have their hands full with the current case load, as well as trying to deal with road blocks some of these cases have encountered in various courts. I don’t see them stopping, just adapting to the changing situations.

      They also have to deal with their mistakes in the Pelizzo case (Malibu Media, LLC v. Pelizzo, SDFL 12-cv-22768) – Docket

      If the cases on the movies with mortgaged copyrights pay off, we could see some of the bigger studios follow suit. By mortgaging a copyright, they can make some money off their less-than-profitable movies AND be able to claim they are not part of these law suits.

      DTD 🙂

  2. notthedoe says:

    Looks like malibu has another batch up in Michigan Eastern.

  3. Arizona Doe says:

    Does Malibu file correctly or are they still sueing single people in the wrong jurisdiction.

    • DieTrollDie says:

      I believe Malibu Media/Lipscomb are filing their cases in the correct jurisdictions. There is likely some cases that will be filed in one location only to find that a Doe has since moved to another State. They appear to be keeping their cases to only certain locations – WI, IL, PA, NJ, CO, DC, IN, FL, – sorry if I missed any. This is likely because they have attorneys willing to work for them in these jurisdictions. I haven’t heard of MM filing any cases in AZ (RFC Express came up with Zero), but all it takes is one lawyer who needs the cash.

      DTD 🙂

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