Copyright Troll Elf-Man LLC Files Weak Justification for Default Judgments, 2:13-cv-00115 (WAED)

On 3 Sep 14, Judge Rice denied Troll/Plaintiff’s motion for default judgements against Seven Defendants in Elf-Man LLC case 2:13-cv-00115(WA) and directed Plaintiff to file a response to his concerns.  Previous Article.   *** Late Addition – I forgot to add this document – sorry.  ***  Doc_114_DefaultDenied_00126(WA)  On 3 Sep 14, Judge Rice also denied default judgements against 4 Defendants in The Thompsons Films, LLC, case 2:13-cv-00126.  The judge had the same concern as in the Elf-Man cases.  Judge Rice was clearly able to see this is the same operation, just filed under different Plaintiff names.  Archive Docket (2:13-cv-00126(WA)    DTD Article on 2:13-cv-00126(WA) 

I am a bit surprised that Troll/Plaintiff made a response as I believe they have no additional “evidence” to tell the court.  What does not surprise me is that what they filed is 90% garbage (My opinion & I think a generous one at that).

Here are the documents they filed – you have seen some of these before in one form or another.

DECLARATION OF KURT UEBERSAX IN SUPPORT OF DEFAULT JUDGMENT   Doc_124_Decl_Uebersax_00115(WA)   Denied Plaintiff seeded the movie to BitTorrent and says a “third party distributors” managed the pre-release of the film. Here is “gem” from Mr. Ubersax concerning the piracy of Elf-Man.

At one point there were considerations for a sequel to be made, but all such plans were canceled in part due to the piracy of the first movie and the fact that unless something could be done to stem the piracy of the second film, it would suffer the same fate.

DECLARATION OF PATRICK PAIGE   Doc_125_Decl_Paige_00115(WA)   This is the same tired Paige declaration that Malibu Media LLC used and this Troll/Plaintiff is trying to use it to show IP geolocation technology works.  Too bad is has nothing to say that the public IP address only comes back to the ISP subscriber and not necessarily the alleged infringer.  An investigation is required to determine who actually did this – something that was not done by Troll Lowe or VanderMay.

DECLARATION OF MICHAEL PATZER IN OPPOSITION TO DEFENDANT’S POST-DISMISSAL MOTIONS   Doc_126_Decl_Patzer_00115(WA)   Mr. Patzer claims to be an independent contractor predominantly for Excipio GmbH (German company).

Excipio contracts with Crystal Bay Corporation (“Crystal Bay”) to provide Crystal Bay with this data collection system, which is the system that Crystal Bay uses to detect infringement of Plaintiff’s works. Specifically, Crystal Bay licenses the use of Excipio’s system and servers.

Still there is NO mention of who owns or controls the SD “shelf-company” Crystal Bay Corporation (CBC) or who Darren M. Griffin is.  Judge Rice specifically mentioned the concerns raised in the Elf-Man v. Lamberson case (2:13-cv-00395(WA)) about the validity of CBC and its technicians.

SECOND DECLARATION OF DAVID A. LOWE IN SUPPORT OF MOTION FOR DEFAULT JUDGMENT   Doc_127_2nd_Decl_Lowe_00115(WA)   Another waste of digital media in my opinion. It only claims the fees/costs requested were valid and not excessive. It in NO way addresses either of the two reasons judge Rice denied the default judgments in the first place – “Accordingly, the Court directs Plaintiffs to brief and provide evidence supporting its substantive claims and amount of damages against each defaulting defendant separately. Upon a showing substantiating Plaintiff’s claims against each Defendant, the Court will reconsider Plaintiff’s motion for default judgment and request for attorney fees.”   (My emphasis) {Default_Denied_Doc_121_00115(WA)pdf}

DECLARATION OF DANIEL MACEK IN SUPPORT OF DEFAULT JUDGMENT   Doc_128_Decl_Macek_00115(WA)   Mr. Macek (software consultant hired by CBC AND Anti-Piracy Management Company (APMC) employee) wastes 8 pages to tell the court something they already stated – That the Defendants are the ISP subscribers with the public IP addresses they recorded.  The declaration in NO way provides ANY evidence to show that the Defendants were the infringers.  Attached to Mr. Macek’s declaration (filed under seal) is a list of additional BitTorrent files that were being shared by the public IP addresses of the Defendants.  Mr. Macek claims this list of files is so large and disruptive to the Defendants Internet service connection that:

  1. It is “highly” likely the Defendant was the infringer.
  2. The Defendants knew the infringing activity was occurring over their Internet connection.
  3. It was likely a resident and not someone else using Defendant’s WiFi Internet connection.

Threadbare claims with NO supporting evidence.  Then combined this lack of evidence with APMC documentation disclosing that Mr. Macek doesn’t have the technical qualifications to make such a claim, as well as APMC hopes the various courts will not question them on this.

If this is all Troll/Plaintiff plans to file, then I can’t see the judge granting damages or costs/fees.  There is nothing new to the claims and evidence.  They have met the 6 Oct 14, suspense to respond, but the content of the filing in NO way justifies the statutory amount they requested -$30,000.  At best it is a simplistic long-winded recital of their claim – The ISP subscribers infringed upon Plaintiff’s movie because I said so.  This type of response is qualifies then for the Prenda Law “Equine Excrement Award.” Way to go guys!

Equine_Award

So we continue to wait for the court to assess these declarations and make its ruling. I truly hope judge Rice see these filings for what they are and fully denies the default judgments. I assume that after he rules on this case, he will move onto the motion for sanctions and fees against Troll/Plaintiff in the Lamberson case.  That will be the fun one!

DieTrollDie 🙂   Treat people in your debt like family … exploit them.  {Rules of Acquisition #111}

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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11 Responses to Copyright Troll Elf-Man LLC Files Weak Justification for Default Judgments, 2:13-cv-00115 (WAED)

  1. WDS says:

    Is there an easy way to check for updates to the older posts? I totally missed the 3 Sept 14 update.

  2. DieTrollDie updates usually get tweeted by http://www.fightcopyrighttrolls.com. So if you watch that twitter feed…..

  3. Anon E. Mous says:

    I ed before that I was of the opinion the trolls would file a response, I just couldn’t see them passing up the opportunity to score some easy cash from the defaults, they are too addicted to making a play for the easy money.

    The reason I believe we are not seeing much substance to their filings in regards to the Judges request is due to the fact that Lamberson is looming over the heads and the axe could fall on them any minute. Even though their is danger in sight the trolls wouldn’t miss the chance for easy cash, risk or not.

    While I see a lot of fluff and filler in their filing, it is in no way what I would consider evidence to support or substantiate the facts that prove infringement in my opinion. I believe what we are seeing in these filings is the same B.S. we see in their usual 27 page filing they use to start these lawsuits in the first place, a lot of technical mumbo jumbo they define as an investigation and blathering on so it has the look of substance that something substantial took place to find evidence of infringement by such professionals.

    We all know this is a lot of hooey, and I fore one don’t believe their submissions are going to wow Judge Rice at all. I am of the belief Judge Rice is going to be a tad perturbed that theses filings fall well short of what he asked of Plaintiffs to be submitted to him so he could decide the merits of the case to warrant defaults.

    While I do not believe Judge Rice will wipe these defaults out ( not that I don’t wish he would , because I believe these are a travesty to even let go forward with Plaintiffs actions in these cases ) I would be of the opinion that the defaulted amounts awarded will be next to minimal so as not to embolden the trolls but as a shot across the bow to bring no more cases like these forward in this district and maybe even the state.

    Judge Rice would be more than smart to award the trolls an amount well under the cost of their filing. This would in turn cost the troll attorneys, the alleged Plaintiff and our German friends money and I for one would be more than happy to see that.

    While I would love for Judge Rice to go much further than that and punish the trolls, I do not think that will happen with these cases, Lamberson is where I fell the trolls will suffer the wrath of Judge Wright for their blatant mis-use of the courts and fraud upon it in my opinion.

    It will be interesting to see how this is going to play out.

    • DieTrollDie says:

      Well you were right on them filing a response. 🙂 Hopefully the judge will make his rulings on the Lamberson case and then look to Troll Lowe and ask him if his client wants to dismiss any other pending cases.

      DTD 🙂

  4. Jane Doe says:

    These appear to be to most over paid and incompetent attorneys. It seems the only thing they actually worked on was their billing. From the very beginning all they submitted to the court were boiler plate complaints, motions, and declarations. Possibly even these were created overseas be some clerk making $2.00 an hour. Changing IP address isn’t all that difficult.

    Their experts are clowns that went into hiding in the Lamberson case before this same Judge. Their declarations are a joke. As far as we can tell they all work from a foreign rent a drop mailbox.

    Paige’s claims he tested and verified IPP International’s detection process. Sorry wrong company. It is Excipio that claims to have done the detection work. OPPS! Very sloppy why would anyone trust an expert who doesn’t even know what company did the detective work.

    Patzer has no credentials except to work for Excipio. Nothing suggests Excipio’s detective process is valid and/or accurate.

    Macek has no credentials besides working as a consultant for Crystal Bay that appears not to exist except on paper. Ramble on for eight pages, yet no one has shown that any of this works or is accurate. It certainly is possible someone simply made up IP addresses out of thin air.

    Let us all hope Judge Rice awards nothing to these creeps. And perhaps recommend the Justice Department start an investigation as to what is really going on with this plaintiff.

    Uebersax deserves to take a major lose for producing an unwatchable movie.

  5. “10. The forensic technology used by Crystal Bay is propriety (sic) software” and anyone with any sense stops reading. With no access to their software or its source code, how do we know that the “evidence” it spits out is legit? It could be nothing more than a random number generator for all we know.

  6. Pingback: Malibu Media, Millionaire Media, & Dallas Buyers Club | Torrent Defenders

  7. Pingback: Federal Judge: High statutory damages for copyright infringement violate the Eighth Amendment | Fight Copyright Trolls

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