You might have seen a recent Tweet (27 Aug 14) of mine concerning a new BitTorrent Copyright Troll Plaintiff (at least in name): Khumba Film Pty. Ltd. This Troll/Plaintiff filed 4 multi-Doe cases in the Illinois Northern District. Complaint_06610(IL) Complaint_EXs_IP_CpyRt_06610(IL) Copyrights Upon closer inspection, I found out I missed Khumba’s first filing in Colorado on 23 Jul 14. Sorry 😦 Here are the current Khumba cases (more to come I bet).
- 1:14-cv-02049 – 12 Does – CO – 23 Jul 14
- 1:14-cv-02075 – 14 Does – CO – 25 Jul 14
- 1:14-cv-06610 – 42 Does – ILND – 27 Aug 14
- 1:14-cv-06609 – 41 Does – ILND – 27 Aug 14
- 1:14-cv-06608 – 38 Does – ILND – 27 Aug 14
- 1:14-cv-06605 – 39 Does – ILND – 27 Aug 14 Total of 186 Does
Colorado and IL again – no surprises here. Both locations are well-established as friendly for filing BT Copyright Troll law suits. Khumba is an animated movie about the adventures of a “half-striped” zebra. You can find the DVD for sale for $10 – $20. The movie is by the same people who brought you Zambezia, another animated movie that was the subject of 33 Copyright troll cases filed in IL, CO, TN, GA, DE, and FL (16 Jan – 9 Apr 2013). For the Zambezia cases I counted a total of 981 Does. As far as I know, no Zambezia cases went past the settlement demand phase – no need to with all the money to be made. I don’t believe any of the cases even went as far as a default judgment (please correct me if I’m wrong – *** See comments below ***).
Follow The Money
I will use a little Copyright Troll math to highlight why BT copyright trolling will continue – GREED!!! Let’s say for the previous Zambezia cases the Troll was able to get 50% of the Does to settle for $3,000.
- 50% Settlement Rate – 490 Does X $3,000 = $1,470,000.
- 25% Settlement Rate = $735,000.
Troll Costs – Filing 33 cases costs $13,200. Estimate local attorney fees of $3,000 per case – $99,000 (That is generous IMO). Estimated Fees/Costs = $112,200.
So after subtracting fees/costs, Troll/Plaintiff still has made a serious profit. At the 50% settlement rate, the Troll/Plaintiff has made $1,357,800. 25% settlement rate = $622,800. Wow!!! Note: the amount the Troll/Plaintiff actually made is unknown and would have varied depending on the percentage of Does that did settle and the settlement amounts the Troll obtained. As long as they are making a profit, this business model will continue.
More Crystal Bay Corporation (CBC) Garbage
Another interesting point is that for the CO Khumba cases (and will assume the same for IL cases), we have the Troll/Plaintiff using the Infamous BT technical monitoring firm/SD Shelf-Company, Crystal Bay Corporation (CBC) and the German consultant Daniel Macek. Motion_EarlyDisc_02049(CO) Decl_Daniel_Macek_02049(CO) The complaints and declarations from Macek do not bother to disclose who Daniel Macek is, what company he actually works for, or even a basic resume of experience. The lack of technical experience is not a shock to many of us, as we know Mr. Macek works for the Anti Piracy Management Company (APMC) LLC and they hope that US judges do not question Mr. Macek’s qualifications when he submits these template based declarations seeking early discovery of ISP subscriber information from the ISPs. As the ILND and CO courts seem to be full of rubber-stamping fools (my opinion), these greedy Trolls keep on filing cases in these jurisdictions. I can only hope that Judge Rice in WA makes his ruling on the Elf-Man LLC v. Lamberson (2:13-cv-00395 (WA)) motion for attorney fees/costs and sanctions (against Troll/Plaintiff). In the Lamberson case, CBC was the BT monitoring firm and it used Daniel Macek. Attorney Lynch informed the court that another “Ghost” of a technician, Darren M. Griffin, was part of CBC (Known SD shelf company and possible sham) and called into question the truthfulness of Troll/Plaintiff’s technicians and the case as a whole. If Griffin/CBC ends up being discredited, then these new cases that use CBC (via Daniel Macek) will have a harder time – they might even get dismissed by the Troll en mass. *** Sorry – correction: I first had Griffin listed as part of the Lamberson case – it was Macek. ***
For the Colorado Does, please drop me an email if you have received your ISP notification, as well as when the settlement demand letters start arriving – please send me copies. Same goes for the IL Does when the notifications start.
DieTrollDie 🙂 “Love the one you’re with.”