DieTrollDie Podcast (2016-02) – BT Copyright Troll Depositions

BuddyC_Lawsuit1Welcome to another DieTrollDie podcast. On this podcast, I’m going to talk about BitTorrent Copyright Troll Depositions and what to expect.  This is a follow-on to my previous podcast where I talked about Troll David Lowe had asked the WA court to allow him to depose unresponsive ISP subscribers. The court has not come back with a decision (as of 14 Jan 16).

Bottom line: A deposition is a serious matter and I would not recommend going into one unprepared – even if innocent. The Troll attorney is not your friend, he works for the Plaintiff (copyright owner), and they both want settlements to be paid.

For this discussion, I decided to use a real BT Copyright Troll case from California as an example. The case is Dallas Buyers Club v. Doe (IP address 72.199.251.97), 3:15-cv-02033, Southern District of CA, filled on 11 Sep 15.  The Troll attorney is James Stephen Davis, Chula Vista, CA.

The ISP subscriber replied to the Troll’s letter and told him he didn’t have a computer and didn’t do this. The ISP subscriber told the Troll that his roommate was the one with a computer, but the ISP account was in his name. The ISP subscriber refused to give the Troll the name of the roommate and the Troll eventually motioned the court to depose both parties.  The court denied the request for FRCP 45 subpoena/deposition and told the Troll he could still name the ISP subscriber and move ahead with Discovery.  The Troll amended the complaint with the name of the ISP subscriber and the court issued the summons. The ISP subscriber/Defendant now has to answer the complaint.

Case Documents:

Docket_14Jan16_02033(CA)   Doc_3_02033(CA) Doc_3-1_02033(CA) Doc_8_02033(CA) Doc_8-1_02033(CA) Doc_8-3_02033(CA) Doc_8-2_02033(CA) Doc_8-5_02033(CA) Doc_8-4_02033(CA) Doc_8-6_02033(CA) Doc_8-7_02033(CA) Doc_9_02033(CA)

AmendedComplaint_02033(CA)   Summons_Issued_02033(CA)

Here are some links to information on depositions. It doesn’t replace advice from an attorney specific to your case.

21 Things To Tell A Client About A Discovery Deposition

Refusing To Testify In Civil Depositions Based On The Fifth Amendment

Fifth Amendment Right Against Self Incrimination

Surviving A Deposition

Fightcopyrighttrolls Post – Concerned about the copyright trolling situation in the state, Oregon chief judge wants to restrict trolls’ free reign

Cheers!

DieTrollDie 🙂  Bartleby: You know, here’s what I don’t get about you. You know for a fact that there is a God. You’ve been in His presence. He’s spoken to you personally. Yet I just heard you claim to be an atheist.   Loki: I just like to fuck with the clergy, man. I just love it, I love to keep those guys on their toes.”  {Dogma, 1999}

 

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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24 Responses to DieTrollDie Podcast (2016-02) – BT Copyright Troll Depositions

  1. that anonymous coward says:

    Depositions are doing battle. Even if you are 100% completely innocent, what is said can and will be used against you in a court of law. Even if they are nice people, they are nice people who want to get paid, in a perfect world by the guilty party… but money is money.

    Filing a suit against someone without a comptuer strikes me as wrong…
    We filed a civil lawsuit naming you for committing a crime we can’t prove, but only so we can force you to tell us who might be responsible. Enjoy paying for legal assistance against the allegations we laid out in our lawsuit that aren’t the real reason we named you.

  2. John says:

    I recently received a DMCA from my ISP with no Settlement offer or any follow up communication since this in the past 7 days. The video allegedly downloaded is owned by Reality Kings. I called my ISP and informed them that I did not know who did it and that I would take steps to prevent further such activity. I think that I am fine but after reading about all these copyright trolls i’ve had anxiety all week. If this was a first time offense for one download that was seeded for less than 5 minutes what is my risk? The files aren’t on the ISP owner’s computer and my ISP has basically told my not to worry if it stops but I’m just looking for some confirmation that I should be alright.

    • DieTrollDie says:

      Stay calm. You will be fine. I know of no current law suits filed by this copyright owner.

      DTD 🙂

      • John says:

        Thanks :). I’m assuming whoever was using my account may have downloaded other things but if I never received any further DMCA’s would I be safe in assuming that only the video I received a DCMA for was tracked and logged if it’s been 7 days with no further notices?

      • DieTrollDie says:

        DMCA notices are not required to file a law suit, so no. Most of the Trolls that file law suits do NOT send DMCA notices. You should be ok. If possible, go into your router and see if logging is enabled. If not, turn it on. Note: logs for the home routers are very small and not kept for a long time, so you will need to check often. If you do see unknown computers on your network, make sure you take screenshots of it, as well as write down all the details. You should have already changed the password to the WiFi.

        DTD 🙂

      • John says:

        I did all those steps. If one of the other downloads was monitored is there a time frame I should know by? I hate the idea of just waiting to get sued when I don’t even know if something else happened.

      • DieTrollDie says:

        Call your ISP and find out what their specific policy is for keeping records and logs. How long will the DMCA notice be kept in your account file? How long do they keep logs correlating the IP address to the ISP subscriber? Most ISPS only keep logs for 6-18 months. After the logs are gone, there is no way for a Troll to find out who the subscriber was.

        DTD 🙂

      • John says:

        Thanks, if someone does try to sue me how long after the incident do people usually hear by? I would just love anything to put my mind at rest that there aren’t people just waiting to sue me lol. I know for a fact that there was no seeding and only a few downloads from the person who got the DMCA.

      • DieTrollDie says:

        Since the BT activity has stopped, I assume it would likely happen within a month or two. It really depends on the Troll. I doubt it would take longer as the ISP records will be gone if they wait too long.

        DTD 🙂

    • John says:

      Alright thanks a lot, I’ll do my best to keep my mind off it. Do you know roughly the chances though that someone would actually monitor a video and pursue without any kind of DMCA settlement letter? I hate to keep bugging you I’ve just been really stressed about this whole situation but it seems like my ISP is telling me I have nothing to worry about.

      • DieTrollDie says:

        It is hard to say because it really depends on what is downloafed/shared. If any of the downloaded files are monitored by a real Troll. Then the Troll /Plaintiff will have to see if they have a lawyer in YOUR Jurisdiction to file a case. So for many people, the chances are very very small. Just relax.

        DTD 🙂

      • John says:

        Thanks, I’ll try. You have a great night I’ll be back if I have any more questions or if things take a turn for the worse.

  3. 979914 says:

    Bad-ass podcast man. I’m sharing it with my friends and family. You have a real talent for this stuff, I hope it evolves into something even bigger for you. I really admire your compassion and sense of fairness in regard to the ridiculous circumstances we find ourselves in with copyright laws today.

    I emailed you my personal circumstances, I hope you will be able to respond to it. I need a little advice on how to move forward.

    With the recent ruling in favor of BMG and RightsCorp against Cox, do you feel this large scale corporate victory will embolden RightsCorp to start pushing their clients towards litigation against small private parties more frequently? I’m assuming RightsCorp would have to have some sort of contract with it’s clients to receive a portion of any awarded money through court action. Even a small amount of $25 million would be a size-able windfall for the struggling RightsCorp. The legal expense still probably doesn’t add up for the big companies when it comes to litigating the little guys; but I wonder how the smaller companies who work with RightsCorp are going to view it. The only client to ever start litigation through RightsCorp was a small company, so the situation is making me ponder.

    Anyway, I’m interested to read your thoughts on the subject.

    • DieTrollDie says:

      Thanks! I will get back to you via email also. I don’t think the BMG win v. Cox is going to push the copyright owners to start suing. The decision is more of a benefit to the copyright owners, as it has the possibility of pushing some of the BT users to legal means of acquiring the content and thus paying them. I’m sure Rightscorp is hoping this will scare off the other ISPs from ignoring (and not forwarding them to the ISP subscribers) the multitude of DMCA notices they send each day. I really WISH the ISPs would simply delete the Rightscorp portion of the DMCA take-down notices from the emails they forward to the subscribers. It would still be working within the framework of the DMCA (the word & in spirit) IMO. That way Rightscorp would make even less money via settlement – hopefully nothing. As most of the BIG ISPs have an agreement with the BIG copyright owning companies, I seriously doubt this will happen. 😦 For most of the copyright owners who employ Rightscorp, they have ZERO intention (My Opinion) of ever filing an infringement law suit. First off, it is bad PR to sue downloaders and the chance of a case going bad or defendant not being able to pay is real. Signing on with Rightscorp or CEG-TEK doesn’t cost them a penny and they have the chance of getting some sort of settlement out of it. free money in their eyes.

      DTD 🙂

  4. doe says:

    Hey, I recently received one of those DMCA notices from my ISP. There were multiple notices from at least one of each MG Premium Ltd DBA Twistys, XFC Inc. DBA, Nubiles, MG Content RK Limited DBA Reality Kings. In a state of panic, I logged onto the site to see the settlement amount. I made contact with someone at the company, but so far they only have my name. Am I too far into this to ignore this? I’ve been anxious about this the past two days and I’m torn with what to do, even after reading multiple sources about this.

    • DieTrollDie says:

      So were they from CEG-TEK? It is NOT to late to ignore these bozos. Do not take their calls and make sure the BT activity stops (and doesn’t restart). You will be OK. There is no history of them taking anyone to court.

      DTD 🙂

      • doe says:

        Yes they were. They don’t have my number, only email address. And neither I nor anyone else has resumed that activity, so far as I am aware. So I don’t have to be worried that I made contact? I also made contact with a copyright lawyer (again, I panicked). He wrote up a deal and everything. Should I not go through with it? Nothing is official as of yet. Also, how will I know if nothing will happen? Is there a limit to these things? Thanks so much for replying!

      • DieTrollDie says:

        I personally would not hire an attorney to settle with them. There is ZERO history of them or the owners suing. I can’t give you a 100% guarantee, but I also cannot give you one instance of them suing. IMO, save your money and use this as a learning experience. The only way you will know that nothing has happened, is when nothing happens. Sorry, it is hard to prove a negative.

        DTD 🙂

  5. Doe says:

    Dear DieTrollDie,

    I was wondering if you can give me some suggestion. my internet provider Comcast sent me an email that *Dallas Buyer club LLC* inquire my information regarding a lawsuit and if i want to stop it, i will need to file a stop motion/ motion to quash by 4/27. I also share the internet with other people but everyone refused to admit it. I asked lawyer from this link*http://antonelli-law.com/Home.php*, and they will charge me $750 to help settle since fighting will cost way more.

    Im a little freaked out, Any suggestion will be strongly appreicate it.

    • DieTrollDie says:

      Ok. First don’t put real names or too much detail in your posts. Trolls have been known to monitor it. I will give you some suggestions, but please first email me at dietrolldie@dietrolldie.com

      DBC is a real Copyright Troll, but usually not as aggressive as Malibu Media. A motion to quash is unlikely to work. Note some NY judges have recently denied Troll early discovery and not forced the ISP to release the information. This is a rarity, sad to say.

      DTD 🙂

  6. skim1979 says:

    First of all, thank you for all that you do. It is people like you who truly make a difference in this world. I hope I am posting this to the correct thread, but I recently received a notice of copyright infringement email from my ISP where they forwarded an email from CEG TEK international with a case number and password. Naively, I clicked on the link to see the details of my alleged offense and the costs associated. Also, in panic mode I called the phone number referenced and yelled at the guy who answered. I also called my ISP and chewed them out for disconnecting my internet based on false claims. I would never EVER download much less distribute the videos that they alleged I did. And I had no idea what the source of this garbage was until my husband told me that had used utorrent to watch basketball. Do I need to hire an attorney at this point? Thank you so much for your help.

    • skim1979 says:

      CEG TEK claims they represent Vivid Entertainment. Is there any history of this company moving forward with suing?

      • DieTrollDie says:

        Not that I know of. It could happens, but if they are working with CEG-TEK, I seriously doubt it. CEG-TEK is a bottom feeding low level troll in my opinion. If they were serious, they would sign up with a real Troll attorney.

        DTD 🙂

    • DieTrollDie says:

      No, don’t bother with an attorney (my opinion ). Just make sure the BT activity by your hubby stops and doesn’t start back up again. CEG-TEK is a joke IMO., but there are real Trolls out there who will sue the ISP subscriber if the wrong movie/file is downliaded/shared. I would also recommend you change the WiFi password just to make sure anyone who previously had the password can’t use your network. Ignore CEG-TEK and don’t respond to their threats.

      DTD 🙂

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