4 Apr 14 – Update
On 26 Mar 14, Troll Kannady/Plaintiff did exactly what we expected them to do on case 1:13-cv-02921, Lynn Peak Productions, Inc. v. Does 1, et al (26 Does). They motioned the court to dismiss the case without prejudice against the remaining 22 Does. Vol_Dismiss_02921(CO) The reason given was –
Pursuant to this Court’s previous Order, the Plaintiff has pursued pretrial discovery by seeking to determine, via subpoena of the Defendant Does’ ISPs providers, the identity of each Doe Defendant. The Plaintiff has sent correspondence to individuals it has been able to identify via subpoenaed records to determine the culpability of each of the Doe Defendant. After review of the subpoenaed records and responses to Plaintiff’s correspondence, Plaintiff has determined it will dismiss this case against the Doe Defendants pursuant to F.R.C.P. 41(a)(1)(A)(i) as none of the Defendants have filed an Answer or Motion for Summary Judgment in this Matter. Should Plaintiff elect to pursue this action against the identified Doe Defendants, it will pursue such action in separate litigation and name each Doe Defendant individually.
What this really says is that Troll Kannady sent settlement demand letters to the ISP subscribers which they either ignored or told him to “piss up a rope.” On 1 Apr 14, Senior Judge Daniel issued the order dismissing all remaining Does without prejudice. Case_Dismiss_Order_02921(CO) I would expect that other Lynn Peak CO cases go the same way. So all my Colorado friends should take this action to mean Lynn Peak is NOT prepared to go forward with these cases only on the public IP addresses they recorded. Now, Troll/Plaintiff could refile cases against these people, but it would just be a waste of a filing fee without any new evidence to back up their allegations. Hopefully the CO judges will start to see the true nature of these bozos and shut their operations down.
30 Jan 14 – Update
Here is another settlement letter from troll Kannady. AssaultWS_Set_Ltr_B&K Same as before, but also includes the FAQ sheet and the Settlement/Release Agreement.
23 Jan 14 – Update
Here is a copy of a settlement letter from Troll Scott Thomas Kannady, Brown & Kannady, Denver, CO. Plaintiff/Troll seem to think that their mediocre (my opinion) movie (Assault on Wall Street, AKA: Bailout: The Age of greed) is worth $5,000 – $8000 per alleged BitTorrent copyright infringer. BK_SettlementLtr_13cv02974
The settlement letter is clearly a copy of the following one for the movie, The Power of Few. What I found really low-ball and disrespectful was that Troll Kannady doesn’t even have the common decency t put a REAL signature on the letters. This truly shows you what type of operation we are dealing with.
I did a quick count of the Lynn Peak Productions/Bailout: The Age of greed cases and came up with 354 Does. If Troll/Plaintiff could get 100% early settlement ($5K), the settlements generated would be $1,770,000. Being a little more realistic lets use 75% – $ 1,327,500. Worst case scenario of 50% – $885.000. Still, not a bad return on investment I bet. I have 12 cases filed, so the filing fee is $4,800. Pay the Technical monitoring company (Crystal Bay Corporation), and deduct some hours for the additional work Troll Kannady (and others) will do. No more than approx. $300 per hour. Hell, lets set the fees and cost at $30,000. Even at the worst case, that would still leave Plaintiff/Troll with approx. $850,200 to split between the Copyright owner and the attorney. The thing I find truly ironic is the name of this movie in Canada – Bailout – The Age of Greed. Go Figure.
13 Dec 14 – Update
Thank you attorney J. Christopher Lynch, for finding this little gem concerning the Crystal Bay Corporation (CBC). This information was filed in case 2:13-cv-00395, Elf-Man LLC v. Lamberson (WAED). It appears the people behind CBC have not filed the required paperwork with the SD Secretary of State, and the corporation has fallen into delinquent status.
FYI – here is a LINK to a listing of Secretary of State Business Name Search sites.
So if you have a case that used CBC data, please take the time to inform the courts.
18 Dec 13 – Update
On 10 Dec 13, Troll Kannady filed his monthly status report for all the Lynn Peak Productions cases in Colorado. 1:13-cv-02911, 1:13-cv-02921, 1:13-cv-02974, 1:13-cv-02984, 1:13-cv-02998, 1:13-cv-023026, 1:13-cv-03056, 1:13-cv-03071, 1:13-cv-03079, 1:13-cv-03100, & 1:13-cv-03203. Of the 11 cases listed, seven of them have had subpoenas issued to the ISP. The remaining four cases are still waiting for the court to rule on their motion for early discovery. There is no mention of if any Does have contact Troll Kannady and/or if settlements have been reached. The fact that some of the cases have not been granted earlier discovery could be a good sign. The court may have some issues with how Plaintiff is running these cases. DecStatus_Doc11_02911(CO)
29 Nov 13 – Update
The following order comes from a TN court in which the judge decided on his own (sua sponte) to sever all the Does except for Doe #1, as well as quash the subpoena to the ISP. DoesSevered_TCYK_00251(TN). Yes it is for the Plaintiff TCYK, but there is some linkage of that movie/Plaintiff to Lynn Peak Productions (My opinion). As I pointed out in the main post, the email address on the copyright registration is “firstname.lastname@example.org.” This is what Bright Light Picture does –
Brightlight Pictures develops, packages and produces independent feature films and television projects. Brightlight’s Chairman, Shawn Williamson, has produced more than 90 productions in the last 15 years and over 35 productions since launching Brightlight in 2001 including WHITE NOISE starring Michael Keaton, which has grossed over $100 million since its world-wide theatrical release in 2005. Recently Williamson has worked as a producer on the feature film HORNS starring Daniel Radcliffe, for Mandalay and Red Granite Pictures; 50/50 starring Seth Rogen and Joseph Gordon-Levitt; and THE COMPANY YOU KEEP, a Sony Pictures Classics release for spring 2013 directed by Robert Redford and starring Robert Redford and Shia LaBeouf.
Read the order and you will see that a Doe filed a motion and the Plaintiff made a deal with him for a dismissal. The judge appears to have taken the deal to mean that Plaintiff wasn’t serious about actually going after the infringers and decided not to let the opportunity pass him by. We can only hope the CO court starts to see what the Trolls are doing and makes it harder.
One of the Copyright Troll hotspots is the State of Colorado. Probably not as much of a target rich environment as Illinois, but there is still enough BitTorrent downloaders to make it worth it for a Troll/Plaintiff. The Colorado court has historically allowed single and mass-Doe cases respectively. I will say that Judge Michael E. Hegarty does require monthly status updates from the Troll, but otherwise the cases generally drag on until the Trolls dismiss them following a lengthy settlement negotiation period. I do wish the Colorado court would stop allowing mass-Doe cases solely based on SHA-1 hashsum of a BitTorrent swarm – especially when there is NO evidence to show real joinder between each of the IP addresses and their BitTorrent usage.
Since June 2013, there have been over 100 BitTorrent copyright infringement cases opened in Colorado. Plaintiffs include Lynn Peak Productions, TCYK, Malibu Media, The Power of Few, reFX Audio Software, Instinctive Film GmbH, and Purzel Video GmbH.
The most recent Troll/Plaintiff is Lynn Peak Productions, a Canadian company. Previous postings on Lynn Peak Productions. As I initially stated, these Colorado case have the stink of the older mass-Doe porn-copyright troll cases akin to Prenda Law. I’m not saying Lynn Peak seeded the movie to BitTorrent – I make no such claims. What is interesting is company that conducted the BitTorrent monitoring and point of contact on the Copyright registration.
Crystal Bay Corporation
Crystal Bay Corporation (CBC) is a South Dakota “Shelf Corporation.” CBC was incorporated by David Deloach, a disbarred California attorney. Mr. Deloach’s Web site, Corp 95, sells these ready-made corporations for approx. $1200.
Anonymous entity where your name is not on any public document! These companies already exist and are complete with Articles, and registered agents. We have formed these entities ourselves and offer Nevada and Wyoming LLCs and corporations that are guaranteed free of tax debt, bad credit history or litigation. They will be transferred to the buyer in good standing. You may have these complete companies within one hour! If you wish, we can change the names of the companies for only the filing fee. Pricing is listed after the name.
Check out the bottom of his Web site where there is a special note to Canadians, Like Lynn Peak Productions.
You can own your own company in the U.S. and can open and sign on a U.S. bank account on behalf of your company without a social security number.
Call and tell us you are Canadian and we will provide a specialist.
Now I don’t think Mr. Deloach is part of Lynn Peak or this effort. He is most likely only the person who set-up and sold CBC to the otherwise unknown person/entity. It still interesting to note that the Plaintiff here uses a shelf corporation incorporated by a disbarred CA attorney running this business out of a Dana Point, CA, mail drop. BTW Mr. Deloach, is this you in 1969? 1969 News Article. Previous post involving CBC.
Why hire a BitTorrent technical monitoring company formed from a ready-made “Shelf?” Because to find out who is actually behind it, as well as the forensic qualifications, certification, and experience (or the lack of them) will be extremely hard to do. Mr. Darren M. Griffin, Software consultant, CBC, is the one who makes the declarations supporting the motion to take early discovery and obtain the ISP subscriber data. This is at a minimum an avenue of inquiry for a Doe defender if these cases ever reach the discovery phase. My belief is that CBC is very similar to Prenda Law’s 6881 Forensics and the Troll/Plaintiff will close down cases before they are forced to disclose details of its operations and organization.
Bright Light Pictures
For the Lynn Peak Productions cases, the Canadian company Bright Light Pictures is an otherwise quiet participant. The only place you will find their name is in the Copyright Registration, under the “Rights and Permission” section. A search of their site did disclose their involvement with a couple other movies that were part of Copyright Troll law suits, most notably, “The Company You Keep,” with over 100 copyright troll cases filed since April 2013.
I did email Bright Light Pictures, but they have failed to respond to my questions. I also emailed Professor Paul Cohen, President, The Red Hills Motion Picture Releasing Company, LLC, concerning his knowledge of these law suits.
Film Distribution – Cohen, P. (2013). Assault on Wall Street, directed by Uwe Boll, produced by Lynn Peak Productions. The Red Hills Motion Picture Releasing Company.
Professor Cohen has not responded to my questions.
I expect that during the first part of December 2013, the ISP will start to release the subscriber information to Troll Scott T. Kannady. Soon after we will begin to see the settlement letters go out. I have heard from one Doe is another Troll Kannady case (The Power of Few), in which the settlement demand was $5,000. For the new CO Does, please send me copies of the settlement demand letters when they arrive.