DTD Update and Manny Film LLC Update (Troll Keith Lipscomb)

DieTrollDie Update

I have been rather busy of late and my clones are unable to keep up with all the things I want to write on concerning BitTorrent (BT) Copyright Trolls.  Sorry   😦   No, this doesn’t mean I’m going away anytime soon.  I just need to adjust what I’m doing and some things will drop off my “To Do List.”  I will continue to write on the various BT Copyright Troll antics and especially respond to the Does that post and email me questions.  The frequency and timing of my posts/response may suffer, but I still plan to do it.  As I will not be able to search for topics as much as I would like, I invite any Does and attorneys who have any “interesting” case to send me a “tip-off” (dietrolldie@dietrolldie.com).  No promises of course, but if it warrants a story, I will write one.  This of course also goes for my non-US readers.  BT Copyright Trolls span the globe and more often than not, their actions are from the same general how-to manual.

Manny Film LLC Update

LipscombAs of 26 Mar 15, There have been over 200 filing of Manny Film LLC case in multiple jurisdictions (FL, OH, MI, NJ, & PA).  I expect the Trolls will continue to file these cases as long people keep downloading/sharing this otherwise unremarkable movie.

Side Note: Here is the newest Troll filing for “Plastic The Movie Limited,” by the newest BT Copyright Trolls, Daniel F. Tamaroff, David F. Tamaroff of Tamaroff & Tamaroff.   Complaint_00500(FL)   Complaint_EXA_B_00500(FL)

As these are Troll Keith Lipscomb run operations, I don’t expect to see any settlement demand being sent out.  Troll Lipscomb likes to have the Does/ISP subscribers make first contact (with or without an attorney) before there is any mention of a settlement.  He seem to believe that by not sending out demand letters, it somehow raises him above “dirt bags” – AKA: John Steele, Paul Hansmeier, & Paul Duffy (The Prenda Law crew).  That of course is MY opinion.  🙂   If there is anyone who know what settlement amounts are being offered for the Manny film, please drop me a message.

In response to the BT Copyright Troll lackeys statements of “So a plaintiff shouldn’t go after infringers?“  Yes, BT copyright infringement is wrong, but what the BT Copyright Trolls/Plaintiffs are doing is worse.  This isn’t a concerted effort to stop/reduce piracy, it is simply a money-making operation targeting people who are well off enough to pay, but cannot afford to really fight back.  In my opinion, this is legal extortion rationalized by gloom and doom claims that piracy is killing various industries.  How about something fair; like “Actual” damages, not Statutory Damages.  For a movie like “Manny,” the actual damages from a single person non-commercial instance of infringement would likely be less than $50.00 (and I think I’m being generous at that).  Add attorney fees and costs, and you are likely in the $2-3K range.  The trouble with such a low-level settlement is the people and organizations running the operations (Anti-Piracy Management Company (APMC)) would then lose their profits.   APMC Screenshot

As I have said before, these cases are nothing special in their design.  They are template based to make the repeated filings easier.  What does change from time to time is the motions/justification for early discovery of the ISP subscriber information. This aspect is the keystone of their operation.  If they cannot identify the ISP subscriber, then their case and any settlement is lost.  As most Federal judges simply take the Troll/Plaintiff at their word, early Discovery is basically a rubber stamp in most cases.

Here are some early discovery filings for a Manny Film LLC case Troll Jordan Rushie is part of.  It is what I expected – a statement that early discovery is the only way the Troll/Plaintiff can move the case forward and the technology and people involved are credible.

MotionLeave_01490(NJ)      Support_ED_01490(NJ)     Paige_Decl_01490(NJ)     Susac_Decl_01490(NJ)     Rushie_Decl_01490(NJ)

Further, Plaintiff’s allegations of infringement are attested to by Plaintiff’s investigator, Excipio’s employee, Daniel Susac. See Declaration of Daniel Susac in Support of Plaintiff’s Motion For Leave to Serve Third Party Subpoenas Prior to a Rule 26(f) Conference (“Susac Declaration”) at ¶¶ 13 – 16, attached hereto as Exhibit “B”. And, during the first ever BitTorrent copyright lawsuit to reach trial, Judge Baylson concluded this technology was valid. See Malibu Media, LLC v. John Does 1, 6, 13, 14, 950 F. Supp. 2d 779, 782 (E.D. Pa. 2013) (“I concluded that [plaintiff] had expended considerable effort and expense to determine the IP addresses of the infringing parties, and the technology employed by its consultants—both of whom were located in Germany and who testified at the trial of June 10, 2013—was valid.”). The same technology has been used in this case. Accordingly, Plaintiff has exceeded its obligation to plead a prima facie case.  {Document 5-1, Pages 8-9}

So you can see it is once again “Excipio,” “Daniel Susac,” and the ethically challenged (my opinion) Patrick Paige.   Mugshot   Troll Rushie/Lipscomb even go so far as to try to bolster their case by mentioning their Holy Grail, The PA Bellwether trial/ joke.  Now during the PA Bellwether trial, Troll Rushie was the defense attorneys for one of the Defendants.  Troll Rushie and the other defense attorneys/Defendants made confidential agreements with Troll/Plaintiff prior to the trial taking place.  Please see page 160 in the PA Bellwether trial transcript.   Page_160_Transcript2_12-02078(PA)   The agreement appears to have been that in exchange for the Defendants NOT cross-examining/attacking Plaintiff’s Witnesses/Experts (term used VERY loosely), they would get a reduced settlement amount they would pay.   Zero minutes for ANY cross-examination.   Full  Trial Transcript – TrialTranscript_12-02078(PA)

Now prior to the start of the Bellwether trial, Troll Lipscomb knew he had a good deal more than a preponderance of evidence to secure victory against all three Defendants.  Still he decided to make a deal with the Defendants and not destroy them.  WHY?  It wasn’t because he is such a nice guy and goes to church.

Please understand a major goal of Troll Lipscomb in the PA Bellwether trial was to try to appear that they were not afraid to take people to trial (there had NEVER been one) and that their evidence collection methods and personnel were beyond reproach.  Troll Lipscomb knew that even if they won a fully confrontational trial, substantial damage to their future operations would have occurred.  By making a deal they didn’t have to answer any tough questions and their secrets stayed hidden that much longer.  They spent way over any amount they will ever get from the three Defendants.   Doc_198-1_Stip_Fees_02078(PA)   To the Trolls, it was the cost of doing business and an investment in their future cases.  We still haven’t seen a real BT Copyright Infringement trial since the Bellwether – Go Figure.

I will leave you with a “Freudian Slip” from Troll Rushie during the last bit of the PA Bellwether trial when the Judge Bayless asked if he was going to cross-examine Collette Field, Malibu Media/X-Art.

Rushie_Fool_02078(PA)

 

DieTrollDie 🙂

“Mr. Mojo Risin’, Mr. Mojo Risin’
Mr. Mojo Risin’, Mr. Mojo Risin’
Got to keep on risin’
Mr. Mojo Risin’, Mr. Mojo Risin’
Mojo Risin’, gotta Mojo Risin’
Mr. Mojo Risin’, gotta keep on risin’
Risin’, risin’
Gone risin’, risin’
I’m gone risin’, risin’
I gotta risin’, risin’
Well, risin’, risin’
I gotta, wooo, yeah, risin’
Whoa, oh yeah”  {LA Woman, The Doors}

 

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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5 Responses to DTD Update and Manny Film LLC Update (Troll Keith Lipscomb)

  1. JRoberts says:

    Lipscomb’s musical chairs of investigators. I suspected a rapid change was needed after Elf-Man V. Lamberson. A case where the investigators could not be located and refused to be deposed. The same group getting linked back to discredited Guardaley/IPP that testified without cross examination in the Bellwether Baylson dog & pony show..

  2. WDS says:

    DTD, you mean you can not devote your entire life to the cause? Seriously thank you for all that you have done in the past, and all I know you will still do in the future.

  3. Pingback: Plastic the Movie Limited Files in Southern District of Florida - Torrent Defenders

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