Open Forum

This page is for all the questions and/or comments that don’t easily fit in any other category or post on the site.  If you don’t know where to start – here you go.

DTD:)

457 Responses to Open Forum

  1. jiypan says:

    anybody knows about Siemens copyright infringement? thx

  2. doraemon says:

    to any who have been desposed (interviewed by plaintiffs), what was the questioning like? was it a long, drawn out process with repeat questions to catch you in a lie? was it rapid fire game show-like questioning?

    i am also curious about how in-depth the plantiff’s “profiling” methods. if they scoured your online profiles and accounts, was their accuracy of their profiling “in the park”? were they able to upset you with what they found?

  3. doe says:

    DTD, you had a pos on Dec. 6th that I had a couple questions to follow up with.

    Is the PA case that went to trial still ongoing? If not, what was the verdict?

    For the ones that are dismissed before a trial, does that imply they settled or the troll backed out or don’t know?

    What is the default judgment again the Doe typically?

    I was in a Cobbler bulk lawsuit where they got our names. I had an initial settlement offer of approx. $4K which I said no to. There was a long period of silence and now there is a threat to take me to court. I kind of want to know some stats of what I’m facing. I am sort of curious how unlikely it really is that I go to court. I do have a lawyer on board that’s my first line of defense… but I sort of want a second opinion with people who’ve gone through this.

    • DieTrollDie says:

      If you are talking about the PA Bellwether Trial, it is over. The three Defendants made a deal to plead guilty and the Troll likely lets them off easier. Here are some details on the case – https://dietrolldie.com/2013/06/13/pa-bellwether-case-bench-trial-comments-13-june-2013/

      As I have said before, this is the only BT Copyright Troll case that went to trial – AND only because the court made the Trolls do it. In all the cases since, the Trolls have eventually backed down before a trial took place. Note: Malibu Media will back down, BUT only after a long time and after running up the legal bills of the Doe Defendant. This sends a message to the other Does, that EVEN if you are innocent, it is simply cheaper to pay a settlement then fight back. For the non-Malibu Media Trolls (Voltage Pictures, etc. = Cobbler NV), the Trolls generally do NOT like to name and serve people with a summons/complaint. It can happen, but I feel it is on a case-by-case basis. That is if they feel the person will default or the name/serving will bring them to the settlement table. For the multitude of mass-Doe cases these Bozos run, it is impossible for them to go after everybody that doesn’t settle. They have to be careful and pick and chose the ones most likely to give into pressure and pay them something.

      A default judgment is when a Defendant does not answer a summons/complaint – usually given 21 days to do so – from the date they are served. The answer is simply an admission or denial to each of the Troll allegations. If no answer is received by the court after 21 days, the Troll can motion the court for a default judgment. If the court agrees, then it is granted and the Troll will ask for Statutory damages, as well as legal costs/attorney fees. Statutory damages start off at $750 per movie/title and can go up to $150K. Attorney costs/fees will usually run approx. $3K. The exact amount of Statutory damages awarded depends on the judge, so it can range. Over the last year we have seen a good many of the courts award 3X the minimum – So $2,250, plus fees/costs. NOTE: No promises on this – courts vary.

      I would suggest you look up your case in PACER (https://www.pacer.gov/reg_pacer.html) and see what activity the docket shows. Also, you can email me the case number and jurisdiction (dietrolldie@dietrolldie.com) and I will see what I can find. For some of these Cobbler NV cases, the courts are getting a bit tired of their antics. I would not rush off to pay them without doing some sound research.

      DTD:)

      In general, the dismissals from the mass Doe cases can be read as follows: Dismissed with prejudice = paid the settlement and the Troll released them. Dismissed without prejudice = No settlement was paid, but the Troll decided to release the Doe; BUT still has the option to go after him/her at a later date.

  4. doe says:

    How likely or unlikely is it for Lipscomb cases to arise in (or even to be transferred to) states where there are no Porn-related cases, (no history of Lipscomb cases even) but only mass doe movie cases? (DBC, etc)

    • DieTrollDie says:

      It all really depends if Troll Lipscomb can find and hire an attorney willing to debase themselves who is authorized to practice law in specific jurisdictions. This is not so easy, as Copyright Troll attorneys are akin to “ambulance chasers.” Even if other non Malibu Trolls practice in the jurisdiction. I feel it is unlikely that they would also work for Lipscomb. They of course could change Plaintiff’s, but I still haven’t seen it.

      DTD:)

  5. anonymous says:

    I noticed with the recent Malibu cases in CA, they are usually filed within 50-60 days of the last recorded infringement. Is that the norm these days?

    • DieTrollDie says:

      I haven’t checked the time frames in a while, but it sounds correct. The Trolls will also adjust the time according to the specific ISP, depending on how long they keep IP address logs. As most ISPs keep them for at least 6 months, this gives them plenty of time.

      DTD:)

      • anonymous says:

        Cool. Just trying to give myself some added peace of mind as I go the ignore route with some CEG notices.

  6. Doe says:

    I have just received $4K settlement proposal from Cobbler. It will expire in a few weeks. If I contact them, will they negotiate the settlement amount? I don’t have much money to pay to lawyers in case if they decide to take me to court. I maybe ok to pay them up to $1k to leave me alone but not $4k.

    • DieTrollDie says:

      Please email me the case number and jurisdiction it is in –
      dietrolldie@dietrolldie.com.  For the Cobbler cases (and most others –
      varying), the Troll will negotiate the amount down. It really depends a bit
      on the local Troll running the case and if they believe you truly cannot
      afford the full amount.  I would guess you might go down as low as $1800,
      but that is not going to be as simple as a call to them.  I caution you
      about calling them!!!  These jerks will be nice and seem like they are work
      with you, but in fact they are gather information to help pressure you into
      paying the amount they decide is appropriate.  Anything you say to them will
      be used against you. It is very unlikely that you will be named and severed
      with a summons/complaint. Cobbler NV (Troll is Voltage Pictures) is not in the business of taking people to trial. It costs too much and if they get someone like you, they are not going to get anything from winning, except
      maybe having to sell the debt to a collection agency for pennies on the dollar.  This is a business to extort settlement under fear and not take people to court or stop copyright infringement.  Send me your information and I will see what the docket shows.  My advice will likely be to do nothing but make sure the BT activity that caused this stops and doesn’t
      start up again. I probably will end up telling you to do nothing likel hire an attorney unless you are ACTUALLY served with a complaint/summons.

      DTD:)

  7. doe says:

    Any further details on case does 1-30 15-cv-6708 , and how do info donut what doe number I am.

  8. Madcityspecv says:

    I was included in a case filed last year for the Cobbler Nevada stuff. i received a settlement letter in January, but opted to ignore it. i just checked pacer, and the last 3 (1/21, and the last two 1/29) entries were motions for extensions, one entry for “Terminate Parties pursuant to Rule 41(a)(1) – public docket entry”, and one for “Notice of voluntary dismissal”. does that indicate the case is dismissed and is no longer a concern? i’m just starting using Pacer, and i’m not familiar with it yet.

    • DieTrollDie says:

      If you look at the top of the docket you will see a date the case was opened and IF closed, another date. Most likely it was just Does being dismissed after settling with the Troll.

      DTD:)

      • Madcityspecv says:

        makes sense. the case in question had an extension of time order where: “Plaintiff shall have until February 26, 2016 to effectuate service of a summons and Complaint on a Defendant.” i haven’t seen anything yet, can they still serve me?

      • DieTrollDie says:

        Well they could still pay to have you served and then ask the court to forgive their tardiness. The Troll could still claim that the delay was a simply mistake from one of their paralegals and see if the judge will still allow it. Hopefully the court will soon dismiss the cases if none of the Does have been served. BUT, what is really the norm is many courts simply leave the cases open and the Troll continues to work it for settlement.

        DTD:)

      • Madcityspecv says:

        new docket information for my case. 2 entries:

        04/01/2016 ** TEXT ONLY ORDER **
        Last Fall, John Doe 22 and John Doe 25 filed motions opposing plaintiff’s subpoenas seeking to identify the name and address associated with their respective IP addresses. See dkts. 10 & 11 . As plaintiff points out in its responses (dkts. 12 & 13 ), and as this court has noted many times in previous similar lawsuits, privacy concerns and denials of responsibility are not grounds to quash subpoenas of this nature. The objections of John Doe 22 and John Doe 25 are OVERRULED and their motions to quash the subpoena are DENIED. It is further ordered that all information produced by the ISP in response to the subpoena seeking identifying information for John Doe 22 and John Doe 25 shall be kept confidential between the parties, and if any of this information is filed with the court, it shall be filed under seal. Signed by Magistrate Judge Stephen L. Crocker on 3/31/16. (jat) (Entered: 04/01/2016)

        04/01/2016 Pursuant to Fed. R. Civ. P. 41(a)(1), this case is closed without further order of the court. (jat) (Entered: 04/01/2016)

        does the last entry indicate that the case is permanently closed and i’m in the clear?

      • DieTrollDie says:

        It does appear that it is closed. Email me the case number and jurisdiction and I will verify. Dietrolldie@dietrolldie.com

        DTD:)

  9. doe says:

    Do you know if there are any updates on case 1:15-cv-6708 does 1-30 clear skies Nevada , or has it been dismissed?

    • DieTrollDie says:

      If I have a moment, I will see. BUT it is better if you sign up for PACER account and monitor your case at least weekly.

      DTD:)

      • doe says:

        DTD, the lawyers are sending letters and calling for settlement. regarding the clear skies, good kill. Any suggestions

      • DieTrollDie says:

        Please email the details. Dietrolldie@dietrolldie.com

        I will get back to you pricately.

        DTD:)

      • DieTrollDie says:

        Sorry for the delay. Very little information go on (your post). Multiple
        Does case? OR only v. your single IP address?  My general (non-attorney)
        recommendation is to not contact the Trolls and not employ an attorney
        unless you are actually named/served with a complaint OR given a summons.
        With multi-Doe cases this often works well. For single-Doe cases, not as
        much. I think this is because the Troll (for some reason) feels stronger in
        filing a single-Doe case against the specific IP address.  Most likely
        because of the long-term BT activity that was recorded and the “Other” files
        (non-Plaintiff) that were being shared via the BT client.  I personally
        would hold out until served, as if it never happens, then you are not out
        anything  – except for the annoyance the Trolls brought. Not everyone can
        deal with the stress of doing this, so I understand if people decide to
        settle.

        DTD:)

  10. doe says:

    Hi DTD!

    I received two notices from CEG-TEK representing a Porn company. They offered a settlement that I haven’t decided whether or not I will pay. I did not download the alleged videos. My money is on the two teenagers who live nextdoor. My network was unsecure, but in light of this DMCA I have implemented an alphanumerical passcode for the WiFi.

    I have been doing some research and it seems like AMA Multimedia has become more litigious over the last year. They currently have some cases open, though most seem to be against other companies, but not Does:

    AMA Multimedia LLC v. Spankbang.com et al
    AMA Multimedia, LLC v. Borjan Solutions, S.L., et al
    AMA MULTIMEDIA, LLC v. ERA TECHNOLOGIES, LTD et al

    However, there are two cases I am curious about and would like to know if you have any information/insight on them:

    AMA Multimedia LLC v. Aleksandr Heit
    AMA Multimedia LLC v. Unknown Parties (AZ District Court – 2:15-cv-01674)

    Does it seem like they are going to start targeting Does? I would like to just pay and have this shit go away even though I am not guilty of this particular crime. I am just worried that they are sitting on other violations (I have no idea what has been going on over my WiFi now) and are waiting for my information to strike!

    • DieTrollDie says:

      I don’t think this Plaintiff is interested in going after the Does.  They
      appear to be interested in companies/Web sites – i.e. people/companies who
      have money. The single non-commercial Doe isn’t likely to have the money
      they are wanting.  I will have to look up the cases, but I don’t think they
      have changed their strategy.

      If they were interested in going after the non-commercial Does, they would
      be filing REAL federal copyright infringement cases (either multi-Doe or
      single-Doe) and at least getting Early Discovery authorization to obtain the
      ISP subscriber information. Right now they only send out their sad DMCA
      notices and hope that people respond to them out of FUD. Otherwise they will
      not get the ISP subscriber information.   
             
      DTD:)

  11. doe says:

    Good evening!

    I recieved my intial ‘IP letter’ from my ISP today. I have a couple questions:

    I noticed a bunch of these cases are against mulitple ‘does’. However, mine is a single Doe (John Doe subsriber IP address). I was just going to ignore the letters and move on with my life. But does the fact that it’s going against a single person mean they are more likely to take action?

    I have not use torrents for some time and the old computer is long gone. I find it hard to believe that they can prove anything with absolutely no evidence. Am I wrong?

    The internet service is not in my name. This is the main reason that is telling me to just pay them if they ask. I’m worried that they will go after that person instead of me, even though they have done nothing wrong (proof that this is ALL ridiculous).

    I’m also concerned about the information that my provide will give these trolls when my time expires. Is it just my contact info or will they dig deeper and find more ‘evidence’ against me?

    I had the same idea as the story on your site. Sending them a letter stating: I did nothing wrong, they won’t find anything on any device, I will fight as long as possible and if they win I will declare bankruptcy. Will a regular letter do or will they ignore it if it is not from an attorney?

    Your website is great and informative, thank you. Any input you have would be greatly appreciated.

  12. ehud gavron says:

    Howdy:)

    “even if say” ->> “even if you say”
    (Also you should reference Rule 408 when doing so to preserve your rights)

    The section on “Motion to Quash” probably qualifies as practice of law… (delete or amend to make it clear it’s your opinion).

    Otherwise great summary:)

    E

  13. magic says:

    it appears that troll Michael heirl has begun naming defendants in his case Clear Skies Nevada LLC v. Does 1-30 1:15-cv-06708

    • DieTrollDie says:

      Naming and serving a Defendant does happen in Voltage Pictures case, but I believe it is nor a guarantee. Each Troll is different and usually they assess how likely they think it will bring a person to the settlement table. I have also seen various Voltage Pictures Cases be dismissed with only one or no one being served.

      DTD:)

  14. DieTrollDie says:

    OK – Here is a reply I sent to a John Doe after he asked about the ISP subpoena he received in the mail. I’m not an attorney and this is NOT practicing law – just my thought and opinions. If you need an attorney, I suggest you pay for one. Still, I don’t think my views are bad.

    DTD:)
    —————
    What you have there is the standard subpoena notification from your ISP. You have NOT been named in the law suit. The law suit is against XX number of “John Does” (IP addresses) in XXXXXXX jurisdiction (where you reside).

    The only possible options you have right now is to 1) call the Troll to settle (I
    don’t recommend) or 2) File a motion to quash (MTQ) the subpoena to the ISP.
    Filing a MTQ the subpoena will most likely not work, so I generally advise
    against it – it will cost you (if you have an attorney do it) and it has the
    possibility of pissing off the Troll and drawing attention to yourself. In
    these mass-Doe cases, I usually suggest not drawing attention to yourself.

    Here are my views – see my most recent post for lots of information. Make sure the BT activity stops and doesn’t start back up again. Check your WiFi Internet Firewall/Router for any logs of unknown/unauthorized systems
    using your network. If you find any, write ALL the information down and
    make sure you take screenshots of what you see. Then – Resecure your WiFi Internet connection (new password) and don’t freely give it out.

    Once the Troll have the ISP subscriber information from the ISP, he will
    send out a settlement demand letter. I estimate the amount they will want
    will vary – say $4K – $8K. Sometimes it will have a date by which they say
    they will increase the settlement amount to if you don’t settle fast. With multi-Doe cases, the Troll is often more open to drop the settlement amount – sometimes to $1K. Greed is a great motivator of Trolls.

    As this is a multi-Doe case, I don’t suggest you contact the Troll. Even if
    you (or family members) didn’t do it, you could say something that will indicate to the Troll that under enough pressure, you will settle. There are bound to be other Does who will want to settle and this will keep the Troll busy. Remember this is NOT his only case and he has many other Does he is working settlement from. Let him stay busy with them and not draw attention to yourself.

    What it will eventually come down to is the Troll is going to have to decide
    to either name some of the non-responsive Does (and move the case forward) OR dismiss the case. I think the chance of actually getting named/served with a amended complaint (By name)/subpoena is very low. There are too many Does he would have to name and it is NOT a manageable option for him to do that. These cases are NOT designed to go to a REAL full trial. They are designed to generate settlements of a couple thousand dollars per Doe and
    then to be shut down – repeat the process over and over and collect the
    cash.

    There are some really good IP attorney who work these cases in your jurisdiction. Reach out to them and see what they think.

    DTD:)

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