BT Copyright Infringement Case Openings – 29 Aug 13

This is the second time I have looked at BitTorrent Copyright Infringement case opening for the past 30 days (approx.) – Period is (26 Jul – 28 Aug).  The information was taken from RFC Express and I apologize if I have missed any cases.  Even considering any errors, this is still another good snapshot of Copyright troll activity.  The attached spreadsheet also has the previous 30 day period for reference.   JulAug_CpyTr

Mass Does v. Single Doe Cases (18 v. 79)

The single Doe cases during this time frame were associated primarily with Malibu Media LLC – 67 cases.  In addition, PHE, Inc., reFX Audio Software, and TCYK, LLC each had a small number of single Doe/Defendant cases {PHE (2), reFX Audio (3), & TCYK (5)}.

What is interesting is that all of PHE and reFX Audio single defendants cases had “named” defendants and were in the Missouri Eastern District Court.  I don’t have any information on why these cases had named defendants.

Malibu Media activity took place in New Jersey, Pennsylvania Eastern District, Michigan Western District, and the Michigan Eastern District.

The mass Doe cases were filed by BKGTH Productions, LLC, Breaking Glass Pictures, Instinctive Film GmbH, Killer Joe Nevada LLC, Modern Jug Face LLC, Power of Few, LLC, Purzel Video GmbH, reFX Audio Software Inc., Screen Media Ventures, LLC, and TCYK, LLC.

The total number of Does in all these cases were 446.

Locations

The busiest districts were the Pennsylvania Eastern (26 Malibu Media cases filed on 7 Aug 13) and the Michigan Eastern (22 Malibu Media cases file between 14-16 Aug 13).

Other locations – Louisiana Eastern District, Ohio Southern District, Colorado District, Wisconsin Eastern District, New Jersey, Michigan Western District, Missouri Eastern District, and the Florida Middle District

New Plaintiffs

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 still expect Plaintiff/Troll to keep 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.

DieTrollDie 🙂

Something for Popehat  😉

PPFPH1

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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8 Responses to BT Copyright Infringement Case Openings – 29 Aug 13

  1. DieTrollDie says:

    Here are some case filings from 29 Aug 13, that didn’t make it on the spreadsheet – (6) TCYK single Does cases (FL Middle District) and (1) Power of Few case (21 Does) out of Colorado. PICpic

  2. Brandon says:

    So I am A doe in the Power of few 1-21. What the hell is this and what do I do?

    • anonymous says:

      Me too… I am torn between settling early and being done with it, or going forward. I’m confident the movie was never on my computer… never heard of it, no trace of file or hash tag on my system. I’m curious where he gets this data. Has anyone dealt with Scott Thomas Kannady before? I would imagine being involved in this sort of desperate ‘troll litigation’ would be harmful to his reputation, since it appears he does other sorts of things…
      How many times might I have to ‘lawyer up’, or be in court to ride this thing out? Anyone know, having had him as a plaintiff?

    • Doe says:

      what was your outcome on this? I am curious if you settled, and if so for how much.

      • anonymous says:

        Oh, I didn’t settle. I called a few lawyers, most suggested settling for $1500+, with their fee being $750+. When I did my own research, I became less worried. Take the time to analyze Kannady’s court records, they’re up there on PACER. How he’s not getting disbarred for bringing frivolous suits is beyond me… but it’s an evolving area of law, and this judge seems inclined to let him shake the tree to get loose fruit (in the form of settlements).

        This is the ‘little sister’ of patent trolling (which was a super fascinating to learn about; enjoy this: ). These lawyers count on the fact that going to trial is disastrously expensive for the people they’re suing; so regardless of their suit’s validity, people settle. It’s really a cynical misuse of the courts, and it’s been quite an education.

      • DieTrollDie says:

        Thank you for sharing your situation with us. The records are out there for all to see. In addition to the high cost of fighting a case, the courts prefer settlement or actual trials. A vast majority of Federal civil cases never reach a trial – the courts know this and expect it.

        DTD 🙂

  3. i have been amazed to witness your database is better than even the paid PACER searches our firm performs continually. New cases are posted here before they even appear on PACER. Your work here undoubtedly helps defendants, researchers, and attorneys across the country to help spot trends.

    Good work.

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