Is Three Years Old – Malibu Media Settles 1:14-cv-00262 (CO)

Happy Birthday All!!! is three years old (as of 30 Aug 14).

BDayTartI almost let this get by me again.  The world of BitTorrent Copyright Trolls is still in existence and adapting to the changing environment.  I wanted to take a moment to thank all of the people who have made this last year so interesting for me and the Web site.  I expect no less for the next year!  So on 30 Aug 14, please find the time to raise a glass of you favorite beverage as I toast you all.

Here’s to a long life and a merry one.
A quick death and an easy one.
A pretty girl and an honest one.
A cold beer-and another one!

Update on Malibu Media LLC v. Richard Sadowski, 1:14-cv-00262 (CO)

Here is a short but very interesting update to the Malibu Media case against Mr. Sadowski (1:14-cv-00262 – IP address   This is the case where attorney John Arsenault filed a very good Motion to Dismiss because Plaintiff failed to plead the necessary volitional act in its complaint.   MTD_FSC_Doc26_00262(CO)   Previous Article   My view was (and still is) that attorney Arsenault clearly showed Troll/Plaintiff was only targeting the Defendant because he was the ISP subscriber.  He backed up the motion with sound analysis and case-law to boot. 

Even in a Troll friendly environment such Colorado, Troll/Plaintiff decided NOT to file a reply and decided to settle the matter with the Defendant.  Why???  Because in the off-chance Hegarty/Wiley required Malibu Media to provide more than “an unadorned, the-defendant-unlawfully-harmed-me accusation,”  they would have to disclose more of their internal operations.  Now Malibu Media is ALL about “settlements,” but I surmise this settlement agreement was more to Defendants liking.  On 18 Aug 14, Troll Kotzker dismissed the case with prejudice.   Doc_28_Settlement_Dismiss_00262(CO)   Doc_29_DismissOrder_00262(CO)

Please also note the wording of the dismissal.  The rather common statement that both parties will cover their respective legal bills is missing…  Does this mean that Malibu Media paid  Defendant Sadowski’s legal bills???  I don’t know, but the silence around this case is “interesting.” 

This just goes to reinforce that Malibu Media does not want to litigate these cases unless they can be assured that the defense will not be asking uncomfortable questions concerning their operation and “Who” is really pulling the strings for these cases.  Troll Lipscomb and minions are facing increased pressure from various courts and it is simply a matter of time before they get called to the carpet.  Until then, they will make each Defendant who chooses to fight incur a substantial defense bill to do so.  For those who have the will and ability to fight back – I salute you.

DieTrollDie 🙂   “I have had people walk out on me before, but not… when I was being so charming.”  {Deckard, Blade Runner}


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 -
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7 Responses to Is Three Years Old – Malibu Media Settles 1:14-cv-00262 (CO)

  1. SJD says:

    Happy birthday, mate!

  2. Rumplestein says:

    You do an awfully good job for a 3 year old. Keep fighting for justice, comrade.

  3. WDS says:

    Happy Birthday, and thanks for the work that you do.

    On the settled case, I think the missing clause is only there where it is a total walk away, and they don’t normally use the term settlement in those situations. I think it is pretty plain that money went one way or the other on this. The question is which way. Malibu seems to like to talk about any award they get (The Bellweather being the only one), but doesn’t seem to like to talk about how many or how much they get in settlements, I’m not sure them not talking means anything one way or the other. The fact the defendant isn’t talking may give us more of a hint.

  4. a says:

    Congrats on the 3rd anniversary of DTD. If it wasn’t for You & SJD getting the information out to the people and media, the trolls would have way more money in their pockets then they do now.

    You and SJD have given the poor ISP victims some very important information in helping them understand what is taking place in these types of bit torrent lawsuit money scheme and how they can help themselves by doing some research on the trolls and how these cases work and progress and some avenues to look into in regards to what steps they should take to educate themselves while seeking legal advice.

    I am sure many folks have been scared to death by the trolls ( innocent or not ) claims and more than likel lst a few nights sleep wondering if they were going to have to mortgage their homes or spend their savings to settle with these porn torrent lawyers. I am of the belief you folks have helped those poor folks who got contacted by the trolls with information to educate themselves and how to proceed with caution until they can get some legal help.

    We all know the trolls would love to see you and SJD go away so they can continue this litigation enrichment under the guise of copyright enforcement unabated, but thankfully you and SJD have persevered even with the threat of exposure from the trolls.

    There is a lot of work put in behind the scenes to educate the public about these sham lawsuits, but I realize you both devote tremendous amounts of time to this cause and are giving of yourself to help a lot of people all over the country who you will never know.

    Thank You, congrats on the 3rd year and keep up the good work on the site and keep taking the fight to the trolls.

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