Stupidity In OR – Copyright Troll Voltage Pictures Claims Negligence & Trademark Infringement – 3:14-cv-01191 (OR)

While monitoring the new Copyright Troll cases, I’m sometimes surprised by what greed motivates Trolls to do.  Then again… Not really.  I recently noticed what appeared to be two single Doe “Voltage Pictures LLC” cases filed in Oregon on 25 Jul 14 (3:14-cv-01191 & 6:14-cv-01193), by Troll Carl D. Crowell, Crowell Law.  Troll Crowell is well-known as a local Troll counsel for Voltage Pictures (Previous Article).

Complaint_01191(OR)   Complaint_Ex1_01191(OR)   Docket_28Jul14_01191(OR)

Looking a bit closer also disclosed a second Plaintiff for this case – TCYK LLC (The Company You Keep – movie).  Seems odd, as they are the same Trolling organization. Note: I only looked at 3:14-cv-01191, but I expect they are basically the same.  The reason there are two Plaintiffs becomes clear when you look at the complaint.  Here are the claims in this case.

  • COPYRIGHT INFRINGEMENT
  • ALTERNATE THEORY – INDIRECT INFRINGEMENT
  • ORS 647.105 – STATE TRADEMARK

So the Troll is AGAIN trying to use the Indirect Infringement (AKA: “Negligence” claim) AND Trademark claims.  The only thing that is different from the previous failed attempts to do so is that the claim is only against a single Doe (IP address 76.105.157.206).

Here is one previous case where Troll Crowell and Voltage Pictures tried to file a Oregon State Court Trademark Infringement law suit against 50 Does.   StateCourtFiling_00816(OR)   Docket_29Jul14_00816(OR)   Doc8_00816(OR)    The case was removed back to the Federal Courts, as it was CLEARLY a BitTorrent Copyright Infringement case, and thus it can only by handle by a Federal court.  This case turned out to be a bust, as the Federal court also decided to sever all the Does except for Doe #1. FAILURE   The Trademark in this case is for “Voltage Pictures,” which they claimed was infringed upon when the Defendants shared the movie via BitTorrent.  Still by reading this complaint, the only issue is alleged BT copyright infringement, not trademark infringement.

Unicorn1The Indirect Infringement (Negligence) claim is just as stupid in my opinion.  We call this tired old failed claim the “Unicorn Tugboat Theory” in honor of Attorney Mark Randazza.  There have been multiple cases across the US in which the courts have not accepted the view that an ISP subscriber is responsible for the activities that occur on his network, regardless of whether he/she knew of the activity.  Most recently this claim was killed by the WAED court when Elf-Man LLC, tried to use it in case 2:13-cv-00115Order_Doc106_00115(WA)

Now what is interesting in this case is that the Troll requested a hearing to authorize early discovery, but does not provided any additional supporting documents to justify early discovery (ISP subscriber information).   Discovery_Motion_01191(OR)   So what is missing???   I don’t see any mention of the BT technical monitoring personnel/organization. It looks like the Troll is trying to distant themselves from the German BT monitoring firms of IPP/Guardaley/Excipio, Crystal Bay Corporation, Daniel Macek, Darren Griffin, etc.

I also found it interesting that the Troll actually added eight pages of exhibits to show the Non-Voltage Pictures/Non-TCYK files that were being shared by this public IP address via BitTorrent (9 May 14 – 25 Jul 14).   Complaint_Ex1_01191(OR)   I didn’t see any porn titles in the list; only TV series, Movies, Software, eBooks, and audio files.  I assume the Troll will use this list as proof that the Doe is a serial infringer of the “greatest magnitude.”  These titles would also be of value to any forensic examination (doubtful it will occur), as finding these would give weight to the allegation that the ISP subscriber’s system was used to download/share Plaintiff’s movie.

I not sure if this is a Troll testing the courts with the Trademark Infringement and Negligence claims OR they are simply trying to force a settlement from a Doe with an extensive BT downloading/sharing record.  I do assume that because of various setbacks, the Trolls are having to fine tune their efforts to keep the settlement generation business afloat.   Malibu Media went this route; maybe Voltage Pictures will do the same.

DieTrollDie 🙂     “You see, this profession is filled to the brim with unrealistic motherfuckers.  Motherfuckers who thought their ass would age like wine.” -Marsellus Wallace {Pulp Fiction}

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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One Response to Stupidity In OR – Copyright Troll Voltage Pictures Claims Negligence & Trademark Infringement – 3:14-cv-01191 (OR)

  1. Pingback: The Pirate Hunter Is Back! (well sort of…), BT Copyright Troll Carl Crowell (OR) | DieTrollDie

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