Things have been a little busy for me, but I wanted to get a couple of things out to the masses.
- Dallas Buyers Club (DBC) LLC Settlement Demand Letter (Troll Hierl)
- Khumba Film Pty. LTD, tries to justify mass joinder BT copyright infringement cases (Troll Hierl)
- New BT Copyright Troll Plaintiff – Millionaire Media LLC
Dallas Buyers Club (DBC) LLC Settlement Demand Letter
The settlement demand letter from Troll Michael Hierl/DBC is nothing special. Settle_LTR_DBC_Oct2014 It is the standard letter with settlement amounts of $3,800 & $4,800. Now of course Troll Hierl makes a point of telling the recipients that if they do not settle, he “may” add their names to a list of people to be served with a complaint summons (named & served). Now I will admit that this does happen from time to time, but it is not really what the Troll/Plaintiff want to do. Here is some court document from another ILND case (1:14-cv-02158) in which Judge Gary Feinerman doesn’t appear to be too happy with Troll Hierl. Doc_40_StatHearing_02158(IL)
MINUTE entry before the Honorable Gary Feinerman:Status hearing held and continued to 12/10/2014 at 9:00 a.m. Any Doe Defendant not named in an amended complaint by 11/14/2014 will be dismissed with prejudice for want of prosecution. Plaintiff shall file a status report by 12/4/2014.Mailed notice.(jlj, )
The judge basically got tired of the same old excuses for not moving cases forward and told the Troll to name and serve people OR he will dismiss then WITH PREJUDICE (they cannot be sued again over this matter). That was “Put Up Or Shut Up.” The fact that this happened in an ILND court is telling. Note: Troll Hierl did immediately start to name and serve these people. It may work out to his advantage, but he eventually run up against someone who has a will to fight. It is just a matter of time. I’m sure Troll VanderMay/Elf-Man LLC and Prenda Law thought that serving people was a great idea at first. Also, even if he does get some people to settle, he will dismiss the remaining Defendants or seek default judgements on others. Their intent and supporting actions will become clearer to more people and hopefully the courts will take notice.
Khumba Film Pty. LTD, tries to justify mass joinder BT copyright infringement cases
I previously reported that Troll Khumba Film Pty. LTD., filed copyright infringement cases in IL and CO. I took a look at the justification they used to support Early Discovery (obtaining ISP subscriber information) in case 1:14-cv-06609 (ILND) against 41 Does. Supp_EarlyDisc_06609(IL) Supp_EarlyDisc_EXs_06609(IL) I of course was not at all shocked to see that Troll/Plaintiff was using the SD Shelf Company, Crystal Bay Corporation (CBC), and German technician, Daniel Macek (Anti-Piracy Management Company (APMC)) to justify early discovery. What was different, was Troll Hierl looked like he was trying to prevent any sua sponte court action (on the courts own decision – no motion involved) to sever everyone and make this a single Doe case. To aid him in this, he attached two exhibits (Report and Recommendation, 5 Apr 12 & Memorandum Opinion and Order, 20 Feb 14) supporting mass joinder). Of course Troll Hierl failed to mention the fact that the DC court of appeals adopted the EFF’s Blackjack analogy and that mass joinder was wrong. Not a big surprise he didn’t address that decision. What will be interesting is if some Doe makes a motion to sever/dismiss/quash the subpoena based off of the very recent technical report of Mr. Delvan Neville, Amaragh Associates, LLC, detailing how improbable it is for Does in the same jurisdiction to actually shared the movie/file in question – One in 10 duodecillion chance OR 0.00000000000000000000000000000000000001%. Motion_Sever_Doc_17_01142(IN) Decl_Neville_Doc_17-1_01142(IN)
Hopefully we will see this issued raised in some of the ILND and CO cases in the future.
New BT Copyright Troll Plaintiff – Millionaire Media LLC
I know the APMC is constantly on the lookout for new clients and new jurisdictions to ply their sleazy business model (My opinion), but it is always a bit of a surprise when some new plaintiff decides to sign on with them. On 29-31 Oct 14, Troll Mary (Don’t Call Me An @$$hole) Schulz filed 10 BitTorrent copyright infringement cases for Plaintiff, Millionaire Media LLC. The cases were filed in the IL Northern District (Go Figure) and the defendants are single Does/public IP addresses accused of downloading/sharing Plaintiff’s works. Cases are 1:14-cv-08641, 1:14-cv-08644, 1:14-cv-08648, 1:14-cv-08649, 1:14-cv-08652, 1:14-cv-08574, 1:14-cv-08575, 1:14-cv-08576, 1:14-cv-08577, 1:14-cv-08578, and 1:14-cv-08570.
Millionaire Media LLC is owned and operated by Timothy Sykes, who according to the complaint is a renowned stock trader. The copyright protected media in question is a combination of seven videos/text files that Millionaire Media LLC sells to people wishing to become millionaires by selling penny stocks. I only found one report (Unhappy customer) in which the person said he paid approx. $2,000 for the program. NOTE: I do not endorse any of the views/opinions of people posting on the Ripoffreport site.
Now at first glance, this may not seem like a BT copyright Troll case. BUT, two things raised my suspicions. First, we have the well-known BT Copyright Troll attorney Mary Schulz, handling these cases. Second, we have the complaint which has the feel (and smell) of a Troll template. Most notable (and telling) are these sections from the complaint.
Plaintiff’s infringement detection company, Excipio GmbH (“Excipio”) established a direct TCP/IP connection with Defendant.
Excipio downloaded from Defendant one or more bits of a digital media file (the “Infringing File”). The Infringing File was given the name the Timothy Sykes Collection by the initial seeder.
Excipio downloaded from Defendant one of more bits of the Infringing File.
Excipio further downloaded a full copy of the Infringing File, unzipped it, and reviewed each of the seven works contained in it. Excipio also reviewed the original seven works as provided by Plaintiff and confirmed that each of the works from the Infringing File is identical, or substantially similar, to its corresponding original work.
At no time did Excipio upload Plaintiff’s copyrighted content to any other BitTorrent user.
Although there are multiple infringing transactions from Defendant’s IP address, the most recent infringing transaction recorded by Excipio (as of the date of this filing) is set forth on Exhibit A.
Excipio GmbH….. Now where have we heard that name before??? Yes, it appears this is the same German firm used by APMC, under one of its many Troll names. See the Declaration of Michael Patzer in this previous article.
Now if Troll Schulz can run these cases like Malibu Media, there is some potential high-dollar settlements due to the multiple files nature of the cases. This of course assumes the people who would download/share Millionaire Media LLC files via BT have the money to pay. I would be willing to bet they will find out that some of the people responsible are not rich. They may have simply wished to be rich and bought into the salesmanship skills of Timothy Sykes. I can’t wait to see if their motion for early discovery is the same old tired template form. Maybe they will even use CBC and Daniel Macek. No surprises here, just greed and stupidity – my opinion of course. Jerks!
Hey Mr. Sykes! I don’t think you did enough research on BT Copyright Trolls, APMC, CBC, or Troll Schulz, when you decided to invest.
Happy Halloween To All!!!