It Is Up! – 8th Circuit Court of Appeal Oral Argument in BT Copyright Troll Case (Killer Joe NV v. Leaverton, 14-3274)

Killer-Joe-Sucks-Balls

OK.  The 8th Circuit Court of Appeal oral argument is up.  14-3274, Killer Joe NV v. Leigh Leaverton.   Thank you attorney Ray Johnson, Johnson Law Firm, West De Moines, IA, for fighting the good fight. Hopefully the 8th Circuit will see the truth of what these cases are about – Greed and Coercion. I don’t know when the 8th Circuit will announce its ruling, but I wouldn’t expect it anytime soon.

SAVE THE DATE — On 21 Sep 15, The 8th Circuit Court of Appeals will hear oral arguments on case 14-3274, Killer Joe Nevada (KJN) v. Leigh Leaverton. This is an appeal on a BitTorrent (BT) Copyright Troll case, KJN v. Does, 5:13-cv-04036 (ND of Iowa).

Here are Previous articles on this case.   1st ARTICLE    2nd ARTICLE   The first article gives the full case background; the second article details KJN’s claims by the FICTITIOUS Darren M. Griffen (Crystal Bay Corporation(CBC)) and the TRUE masterminds behind these cases, the Anti-Piracy Management Company (APMC).

Synopsis: Copyright Troll Jay Hamilton/Plaintiff initially filed a template based mass-Doe cases against 20 IA John Does (ISP subscribers) who allegedly downloaded/shared the movie “Killer Joe.” He eventually named five as non-settling Defendants. Two of the Defendants (Leaverton and Bolan) denied downloading/sharing the movie or knowing who did it. Eventually Leaverton and Bolan were able to hire Attorney Ray Johnson, Johnson Law Firm, West De Moines, IA, for a reduced retainer of only $300 (for both!). Both Defendants filed answers denying the claims. In May 2014, Attorney Johnson sent Troll/Plaintiff interrogatories, as well as requests for admissions and productions. In keeping with the standard “Copyright Troll Play Book,” Troll/Plaintiff did not respond and soon after motioned the court to dismiss Defendants. The court granted the motion, but then denied Leaverton’s declaratory judgment counterclaim and request for attorney fees – even as the “Prevailing” party. The appeal is based on the fact that Troll/Plaintiff named them as Defendants with NO information OTHER than they were the ISP subscribers (they paid the ISP bill). Naming a person on that basis is reckless and simply designed to scare the ISP subscriber into paying some sort of settlement. Also at issue was that the District court did not apply the standard ruling on a fee award and implement requirements to determine fees. As the “Prevailing Party,” the court should have allowed Leaverton to submit a record of her fees to the court. The following are also worthy to note:

  1. KJN used the fictitious person/company/declarations of “Darren M. Griffin, Crystal Bay Corporation (CBC)” in the District and Appellate cases. Can you say False Statements & Mail/Wire Fraud at a minimum??? (18 USC, Chapter 47)
  2. When questioned about Darren Griffin, CBC, Troll Hamilton told attorney Johnson that his law firm had ENDED “its engagement with APMC.” The APMC has NEVER been listed on any copyright infringement case as an interested party. More deception

On 21 Aug 15, the Appeals court set 21 Sep 15, as the date of oral arguments for this case. KJN will likely be represented by Troll Keith Vogt, as he took over when Troll Hamilton removed himself. If you are in the St. Louis area on 21 September, consider bringing some popcorn to enjoy the show. It looks like both sides will have 15 minutes to get their point across to the three-judge panel. I don’t think the oral arguments will be streamed, but the audio recording should be eventually posted. (Search for case 14-3274) I will keep an eye out for it.

An appeals court ruling in favor or the Defendants could have an impact on BT Copyright Trolling in the US, at least in the areas of recklessly naming an ISP subscriber as a Defendant AND allowing the prevailing party to at least submit a record of fees to the court. Naming/serving an ISP subscriber with a complaint/summons is a powerful tool of the court that the Trolls have abused with great success. This abuse was highlighted by Attorneys Booth/Sweet in their recent filing in a Malibu Media case in Ohio (OHSD 14-cv-00493), where they asked Malibu Media to be declared a vexatious litigant .   FCT ARTICLE

Here is my version of the Copyright Troll Play book – Greed over Guilt

DieTrollDie 🙂

Where do you think you’re going? Nobody’s leaving. Nobody’s walking out on this fun, old-fashioned family Christmas. No, no. We’re all in this together. This is a full-blown, four-alarm holiday emergency here. We’re gonna press on, and we’re gonna have the hap, hap, happiest Christmas since Bing Crosby tap-danced with Danny fucking Kaye. And when Santa squeezes his fat white ass down that chimney tonight, he’s gonna find the jolliest bunch of assholes this side of the nuthouse.” {Clark Griswold – National Lampoons Christmas Vacation}

14-3274_motion

 

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 It Is Up! – 8th Circuit Court of Appeal Oral Argument in BT Copyright Troll Case (Killer Joe NV v. Leaverton, 14-3274)

  1. DB says:

    I’m interested in an updated if anyone attended the hearing.

  2. Doe says:

    Hey can I email you? dietrolldie@dietrolldie.com is not working…

  3. Pingback: Happy Holiday Wishes From DieTrollDie – Multi-Topic Post | DieTrollDie

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