Well I have three topics to talk about – so I will try to keep each one reasonably short.
- FIRST, we have had ANOTHER voluntary dismissal of a Doe by BT Copyright Troll Lowe based on the “Source of the Nile,” letter sent by attorney Lynch. That is 5 for 5 dismissals!
- SECOND, NV BT Copyright Troll, Charles “Chaz” Rainey was told by the court to show that service was accomplished OR Defendants would be dismissed – he then dismissed 3 Defendants. *** UPDATE – ONLY one Defendant left – Filed an answer 25 Aug 16 – no case activity since 11 Jan 17. ***
- THIRD, Copyright-Trolls.com has come under attack of a vicious smear campaign trying to shut down the site. *** Update – Looks like the Jessica Langston Facebook persona was deleted ***
5 for 5 Voluntary Dismissals
In the continuing story of a BT Copyright Troll running scared we have Troll attorney David Lowe. The BT Copyright Trolls/Plaintiffs and the German BT monitoring apparatus are the subject of Doe Defender Christopher Lynch’s efforts to expose the slimy and illegal efforts to generate settlement based on threats, lies, and fraudulent statements (My Opinion).
His most recent letter to Troll Lowe advised him to dismiss his client or face the possibility that their operation will be exposed. The letter makes it very clear that Troll/Plaintiff will lose this fight and the exposure of so many dirty little secrets will cost them in the form of Defense attorney’s fees and costs, as well as the possibility of future cases. 12jan17_letter-to-troll-lowe_01273wa
The letter was sent out on 12 Jan 17, and on 17 Jan 17, the Troll voluntarily dismissed 3 Defendants. dismissal_01273wa
We respectfully request that LHF voluntarily dismiss Ms. Teodoro from the case. If she is dismissed by Noon on Tuesday January 17, 2017, we will not Answer the Amended Complaint, and we will not seek defense attorneys’ fees or costs. If the case is not dismissed by Noon Tuesday January 17, 2017, we will Answer during the afternoon of January 17, 2017 and we will seek defense attorneys’ fees when Ms. Teodoro wins, which is a certainty given her innocence.
Each innocent person we speak with leaves us dismayed that your client’s foreign representatives continue to pursue these cases in the manner they have selected. As a respected intellectual property firm like yours, my firm understands the need to protect and enforce legitimate rights. But the methods employed in these cases sacrifices investigatory precision and entangles too many innocent people.
The bottom line is that your client’s foreign representatives have made some mistakes. Their system is not foolproof and it needlessly ensnares innocent people, disrupting their lives for no good reason. Their bigger mistake is the use of a string of sworn declarations filed in our revered federal courts that lack the legitimacy the law requires.
I’m very happy the Troll dismissed the Defendant. I just wish the courts would start to look into this obvious fraud and do something besides allow the operation to continue. It is really a sad state of affairs when our courts can clearly see they are being used to generate settlements. I can only assume there is some rationalization going on – “Most of the Defendants are guilty, so nothing is wrong,” or “An innocent person would fight back,” etc. The FBI needs to start a “Prenda-Like” investigation on Troll Lowe and the German BT monitoring apparatus. Until then, we will see how many dismissals Troll Lowe/Plaintiff is willing make. So if you are a Doe/Defendant affected by Troll Lowe, please consider consulting with Attorney Lynch. Also, other Defense attorneys will benefit from the information Attorney Lynch has on the Trolls. I’m sure there will be more letters and dismissals in the future. 🙂
NV Court Threatens to Dismiss Defendants – Troll Rainey Voluntarily Dismisses 3 Defendants
On 24 Jun 16, I published an article concerning Troll case 2:16-cv-00928 (NV), “Queen of the Desert,” filed by Troll attorney Charles “Chaz” Rainey. The case was initially filed on 24 Apr 2016, and had 30 Does/ISP subscribers tied to it. On 23 Jul 2016, Troll Rainey amended the complaint to name the non-settling ISP subscribers as Defendants.
I did note that one ISP subscriber sent Troll Rainey an email denying any wrongdoing and even told them he would fight them if it came down to it. The Doe told Troll Rainey that until recently they had an Open WiFi. Troll Rainey of course told the Doe was he was still responsible and unless he paid the $6K, Troll/Plaintiff would seek the maximum damages. Troll Rainey claimed the ISP agreement was a “contract” and “contributory and vicarious” copyright law would make the Doe responsible. What a load of crap. emails_Redacted
Troll Rainey eventually had summons issued (BUT not for the Defendant who emailed him) and some of the Defendants were served. The service had the effect of getting some Defendants to settle. Nine other Defendants decided to ignore the summons and a default entry was made against them. One Defendant actually sent the court an “answer,” denying any responsibility to the alleged infringement. def_ltr_answer_doc11_00928nv
On 10 Jan 17, the court finally tired of Troll Rainey dragging this case out and told him to show proof that the three remaining Defendants had been served prior to 90 days (21 Oct 16) time limit (FRCP 4(m)) after the first amended complaint was filed (23 Jul 16). intenet-to-dismiss_00928nv
One day after the court made their displeasure clear; Troll Rainey voluntarily dismissed the three unserved Defendants. vol_dismiss_00928nv One of the dismissed was the person who emailed Troll Rainey. The other two Defendants were apparently not served for unknown reasons.
That leaves just the one Defendant who answered the summons/complaint. As Troll/Plaintiff does not want to actually move forward, I expect they are trying to get the Defendant to stipulate to a dismissal where both sides “walk-away” and no settlement or attorney fees/costs are paid by either side. I will suggest to this Defendant that he ONLY accept a WITH PREJUDICE dismissal from Troll Rainey.
This case is the poster board for how the BT Copyright Troll operation works. Seeing this gives future Defendants the insight on how to respond. For many of these cases, the Troll attorney is now willing to name and serve the ISP subscribers that don’t settle. In this case the ONLY person who was NOT served was the one who emailed the Troll denying the infringement and said he would fight back. All the other non-settling Does were named and summons issued. Only one person filed an answer denying the infringement; it is likely that Troll/Plaintiff will soon move to dismiss this Defendant.
Bottom Line (non-legal advice/suggestion) – If you didn’t do it, DENY IT; say you will fight them. If The Troll still moves forward to name and served you with a summons, file an answer to DENY IT. If you have the means, hiring an attorney (or at least get a consult) is also a great idea.
Copyright-Trolls.com Under Attack – Smear Campaign
Robert Krausankas of Copyright-Trolls.com has come under attack of a vicious smear campaign trying to shut down his site. It all started when he reported on a new Copyright Troll: Joel Albrizio of Adlife Marketing.
Allegedly Mr. Albrizio has removed his images from iStock.com. The removal of the images THEN caused iStock to remove the purchase receipts from the customer’s iStock.com account page. It appears that Mr. Albrizio may have known this AND then decided to send out $8K settlement demand letters to people/sites who allegedly used the images. Note: some of these people had purchased valid image licenses. Mr. Albrizio has also allegedly even filed suits against some of these people to try to force them to pay a settlement. For the people who purchased image licenses, they have call iStock support and ask for a copy of the license/purchase receipt.
Troll Albrizio called Mr. Krausankas and tried to get him to remove the posts about him and Adlife. Mr. Krausankas refused and Mr. Albrizio allegedly threatened him – stating he would destroy him, ruin his life, and that he has no idea what is coming. Approximately one month later (all on the same day) a new anonymous blog was started called “VoicesOfJupiterFlorida.com” (VOJF). VOJF is dedicated solely as a smear campaign/site with the goal of having Copyright-Trolls.com shut down. Note: In addition, a fraudulent Facebook account (FB ID # 100014690467770) was created (“Jessica Langston” Looks like it was deleted – I get this page) AND Mr. Krausankas name was registered as a domain. The Jessica Langston persona has also emailed Mr. Krausankas’s clients, his wife’s board of directors & business associates, and his daughter’s volleyball leagues coaches. The emails are a sad attempt to get Mr. Krausankas clients leave him, his wife to lose her job, and to get him barred from participating in his daughter’s sports league.
Take a look at the VOJF web site and decide for yourself. Somebody doesn’t like Mr. Krausankas. Also the Facebook account for Jessica Langston does looks like a fraud. Note: The profile picture for Mrs. Langston is a cut/edit from Shutterstock image file #517009117, taken from the photographer portfolio of Pyrozhenka.
Here are some links for additional information on the antics of this Troll. I would also put it out to Mr. Albrizio, that if you feel any of this in error, please feel free to contact me.
DieTrollDie 🙂 “The path of the righteous man is beset on all sides by the inequities of the selfish and the tyranny of evil men. Blessed is he who, in the name of charity and good will, shepherds the weak through the valley of the darkness. For he is truly his brother’s keeper and the finder of lost children. And I will strike down upon thee with great vengeance and furious anger those who attempt to poison and destroy my brothers. And you will know I am the Lord when I lay my vengeance upon you.” [Jules Winnfield (Ezekiel 25:17), Pulp Fiction (1994)]